Indiana § 15-16-2-31.5 - Additional plant nutrients; registration and guarantee; warnings

§ 15-16-2-31.5. Additional plant nutrients; registration and guarantee; warnings

Sec. 31.5. (a) Additional plant nutrients besides nitrogen (N), phosphate (P2O5), and soluble potash (K2O), when mentioned or claimed on the:

(1) tag or label;

(2) container; or

(3) written or printed statement that accompanies delivery;

must be registered and guaranteed under section 31 of this chapter. Guarantees must be made on the elemental basis. The source of each guaranteed element must be included on the application for registration.

(b) When a claim for an additional plant nutrient is made on the label, container, or application for registration, the minimum percentages that will be accepted for registration are as follows:

Element

Percentage

Calcium (Ca)

1.00

Magnesium (Mg)

0.50

Sulfur (S)

1.00

Boron (B)

0.02

Chlorine (Cl)

0.10

Cobalt (Co)

0.0005

Copper (Cu)

0.05

Iron (Fe)

0.10

Manganese (Mn)

0.05

Molybdenum (Mo)

0.0005

Nickel (Ni)

0.0010

Sodium (Na)

0.10

Zinc (Zn)

0.05

(c) Except as provided in subsection (e), the guarantees or claims for the additional plant nutrients listed in subsection (b) are the only ones that will be accepted. Proposed labels and directions for use of the fertilizer must be furnished with the application for registration upon request. Any element listed in subsection (b) that is guaranteed must appear in the order listed, immediately following the guarantees for the primary nutrients, nitrogen, phosphorus, and potassium.

(d) A warning or caution statement is required on the label for any product that contains at least:

(1) three-hundredths percent (0.03%) of boron in a water soluble form; or

(2) one-thousandth percent (0.001%) of molybdenum.

(e) When any compound of boron is incorporated into a commercial fertilizer, a special warning tag or statement must be furnished to the purchaser and must contain the following:

(1) The word "WARNING" in letters at least three-fourths (3/4) inch in height.

(2) A statement describing the crops for which the fertilizer is to be used.

(3) A statement declaring use of the fertilizer on any other crops or under conditions other than those recommended may result in serious injury to the crops.

The tag or statement must be attached to or printed on the bag or other container in which the fertilizer is sold. For bulk fertilizers, the statement must be placed on the invoice or other document that must accompany delivery and be supplied to the purchaser at the time of delivery as provided in section 32 of this chapter.

(f) Except for the additional plant nutrients listed in subsection (b), additional plant food elements or other additives that are determinable by chemical methods may be guaranteed only by permission of the state chemist. The state chemist shall grant permission only if the state chemist determines, with the advice of the dean of agriculture of Purdue University or the dean's designee, that the guarantee would not constitute a misrepresentation and is correct. Additional plant foods that are guaranteed:

(1) must be included in the guarantee in the form of the element; and

(2) are subject to inspection and analysis in accordance with the methods that the state chemist prescribes.

As added by P.L.98-2026, SEC.29.