Colorado § 35-12-105 - Labels.

§ 35-12-105. Labels.

(1) Any packaged commercial fertilizer distributed in this state shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

(a) The name and address of the registrant;

(b) The net weight or other measure prescribed by rule;

(c) The name of the product and grade;

(d) The guaranteed analysis in the form specified in section 35-12-103 (14)(a);

(e) The date of manufacture, processing, packaging, or repackaging, or a code that permits the determination of such date, or, if distributed in bulk, the shipment or delivery date;

(f) Directions for use as specified by rule of the commissioner.

(2) Any commercial fertilizer distributed in this state in bulk shall be accompanied by a printed or written statement showing the information required in subsection (1) of this section.

(3) Any packaged soil conditioner or plant amendment distributed in this state shall have placed or affixed on the container a label setting forth in clearly legible and conspicuous form the following information:

(a) The name and address of the registrant;

(b) The net weight or other measure prescribed by rule;

(c) The name of the product;

(d) An accurate statement of composition, including the percent of each ingredient;

(e) The purpose of the product;

(f) The date of manufacture, processing, packaging, or repackaging, or a code that permits determination of the date, or, if distributed in bulk, the shipment or delivery date;

(g) Directions for use as specified by rule of the commissioner.

(4) Any soil conditioner or plant amendment distributed in bulk in this state shall be accompanied by a printed or written statement showing the information required in subsection (3) of this section.

(5) Any custom mix delivered in containers shall have placed on or affixed to the container a label, or if delivered in bulk, shall be accompanied by a printed or written statement, which label and statement shall set forth the following information:

(a) The name and address of the manufacturer;

(b) The net weight or measure as prescribed by rule of the commissioner;

(c) The guaranteed analysis and quantity of each registered product contained in the mix;

(d) The date on which the product was manufactured or delivered; and

(e) Directions for use as specified by rule of the commissioner.

(6) No product may be labeled, advertised, distributed, or sold as a commercial fertilizer, soil conditioner, or plant amendment unless its substance conforms to the applicable definitions prescribed in this article or in the rules promulgated by the commissioner pursuant to this article.

(7) No additional substances other than those allowed in section 35-12-103 (12) may be listed or guaranteed on a label or labeling or on a written statement accompanying the bulk distribution of commercial fertilizers, soil conditioners, or plant amendments without the permission of the commissioner. The commissioner may allow additional substances to be listed or guaranteed on the label, labeling, or written statement if satisfactory supportive data is furnished to the commissioner in order to substantiate the value and usefulness of the substance. The commissioner may rely on sources other than the department, such as Colorado state university, for assistance in evaluating the supportive data. If the commissioner permits such additional substances to be listed or guaranteed, the nature of the substances shall be determinable by laboratory methods. The substances shall be subject to inspection and analysis pursuant to methods and procedures prescribed by the commissioner by rule.

(8) The commissioner may allow or require commercial fertilizers, soil conditioners, or plant amendments to be sold and labeled by volume in addition to or instead of by weight pursuant to rules promulgated by the commissioner.

Source: L. 71: R&RE, p. 137, § 1. C.R.S. 1963: § 6-13-5. L. 77: Entire section R&RE, p. 1587, § 4, effective July 1. L. 96: (3)(f) repealed, p. 102, § 3, effective March 20. L. 2008: Entire article amended, p. 1615, § 1, effective August 5.

ANNOTATION

This section requires labeling of all commercial fertilizers offered for sale or distributed. Durfee & Son v. Dept. of Agriculture, 151 Colo. 149, 376 P.2d 685 (1962).