DOAG: Soil Amendments Registration

Licenses and Permits
 
Soil Amendments Registration
 

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 Sec. 22-111aa. Definitions. As used in sections 22-111aa to 22-111ll, inclusive:

      (1) "Soil amendment" means any substance intended to improve the physical or chemical characteristics of the soil, but does not mean commercial fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, compost, pesticides or other material exempted by regulations adopted by the commissioner under section 22a-111ll;

      (2) "Soil ingredient form" means the chemical compound of an ingredient such as a salt, chelate, oxide, acid or similar descriptor or the physical form of an ingredient;

      (3) "Brand" means the trademark, product name or other specific designation under which individual soil amendments are offered for sale;

      (4) "Bulk" means without packaging;

      (5) "Distribute" means import, consign, produce, compound, mix or blend soil amendments for use in this state, or to offer for sale, sell, barter or otherwise supply soil amendments in this state;

      (6) "Distributor" means any person who imports, consigns, produces, compounds, mixes or blends soil amendments for use in this state, or who offers for sale, sells, barters or otherwise supplies soil amendments in this state;

      (7) "Investigational allowance" means an accounting for variations inherent in the taking, preparation and analysis of an official sample of a soil amendment;

      (8) "Label" means the display of all handwritten, printed or graphic matter upon a container or statement accompanying a soil amendment;

      (9) "Labeling" means all handwritten, printed or graphic matter upon or accompanying any soil amendment, or advertisements, brochures, posters or television or radio announcements used in promoting the sale of such amendment;

      (10) "Minimum percentage" means that per cent of soil amending ingredient required to be present in a product before the product will be accepted for registration when the ingredient is mentioned in any form or manner;

      (11) "Official sample" means any sample of soil amendment taken by the commissioner or an agent of the commissioner and that the commissioner designates as official;

      (12) "Per cent or percentage" means a portion of a soil amendment by weight;

      (13) "Person" means an individual, partnership, corporation, limited liability company or association;

      (14) "Registrant" means the person who registers soil amendments under the provisions of section 22-111bb;

      (15) "Soil amending ingredient" means a substance that will improve the physical or chemical characteristics of soil so that it will be more productive;

      (16) "Weight" means the weight of material as offered for sale;

      (17) "Director" means the director of the Connecticut Agricultural Experiment Station; and

      (18) "Commissioner" means the Commissioner of Agriculture.

      (P.A. 00-96, S. 1, 25; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      Sec. 22-111bb. Registration. (a) No person may distribute a soil amendment unless it has been registered with the commissioner in accordance with the provisions of this section. An application for registration shall be submitted annually to the commissioner on the form furnished or approved by the commissioner. Upon approval of the application by the commissioner, a copy of the registration shall be furnished to the applicant. Such registration shall expire on September thirtieth of the following year. Each distributor shall submit to the commissioner a copy of labels and any advertising literature for each soil amendment with the registration application.

      (b) A distributor shall not be required to register any brand of soil amendment that is already registered under this section by another person, providing the label does not differ in any respect.

      (c) Before registering any soil amendment, the commissioner may require evidence to substantiate the claims made for the soil amendment and proof of the value and usefulness of the soil amendment.

      (P.A. 00-96, S. 2, 25.)

Sec. 22-111cc. Labeling. (a) The following information shall appear on the face or display side of any package or container of soil amendment offered for sale at retail, shall be in a readable and conspicuous printed form and shall be affixed as a label: (1) The net weight of the product; (2) the brand of the product; and (3) a guaranteed analysis of the product including (A) all soil amending ingredients and any other ingredients, (B) the purpose of the product, (C) directions for application, and (D) the name and address of the soil amendment registrant.

      (b) In the case of bulk shipments, the information required in subsection (a) of this section may be in handwritten or printed form, shall accompany delivery and shall be supplied to the purchaser at the time of delivery.

      (c) No information or statement may appear on any package, label delivery slip or advertising matter that is false or misleading to the purchaser as to the use, value, quality, analysis, type or composition of the soil amendment.

      (d) The commissioner may require proof of claims made for any soil amendment. If no claims are made, the commissioner may require proof of usefulness and value of the soil amendment. For evidence of proof the commissioner may rely on experimental data, evaluations or advice supplied from such sources as the director if design of the experiment is related to conditions in this state under which the product is to be used. The commissioner may accept or reject other sources of proof deemed to be reliable as additional evidence in evaluating soil amendments.

      (e) No soil amending ingredient may be listed on labels or labeling of soil amendments without the permission of the commissioner. The commissioner may allow a soil amending ingredient to be listed on the label or labeling if satisfactory supportive data is provided to substantiate the value and usefulness of the soil amending ingredients. The commissioner may rely on authoritative sources, including, but not limited to, the director, for assistance in evaluating any such data submitted. When a soil amending ingredient is permitted to be listed, the presence of such ingredient in such amendment shall be detectable by laboratory methods and shall be subject to inspection and analysis. The director may prescribe methods and procedures of inspection and analysis of the soil amending ingredient.

      (f) The commissioner may allow labeling to include listing proportions of ingredients in soil amendments by volume rather than by weight.

      (P.A. 00-96, S. 3, 25.)

For further information, please contact:

Wayne Nelson
Agricultural Commodities Program Director
Connecticut Department of Agriculture
Bureau of Inspection & Regulation
165 Capitol Avenue
Hartford, CT 06106

phone ~ (860) 713-2513
fax ~ (860) 713-2515
email ~ Wayne.nelson@ct.gov