DAR File No. 31491

Agriculture and Food, Plant Industry

R68-3-2

Registration of Products

NOTICE OF PROPOSED RULE

DAR File No.: 31491
Filed: 05/27/2008, 04:39
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change the late fee for product registrations from an additional fee of $5 to an additional fee determined by the Department pursuant to Subsection 4-2-2(2).

Summary of the rule or change:

This amendment changes the late fee for product registrations from an additional fee of $5 to an additional fee determined by the Department pursuant to Subsection 4-2-2(2).

State statutory or constitutional authorization for this rule:

Sections 4-2-2 and 4-13-4

Anticipated cost or savings to:

the state budget:

There are no additional costs to the state associated with the proposed rule amendment because the appropriation fee schedule is higher and will generate more revenue for the state.

local governments:

There are no additional cost to local government associated with the proposed rule amendment because this is a late fee increase for product registration which local government does not have.

small businesses and persons other than businesses:

According to the present rule, the Department's late fee for product registration is $5. However the Department's appropriation fee schedule is $25. This would be a $20 increase to the small business who register fertilizer products late in the State of Utah. This will now match the appropriation late fee schedule.

Compliance costs for affected persons:

According to the present rule, the Department's late fee for product registration is $5. However the Department's appropriation fee schedule is $25. This would be a $20 increase to the small business who register fertilizer products late in the State of Utah. This will now match the appropriation late fee schedule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This change is in agreement with the fee schedule for late product registrations. The late fee have increased over the years but this rule has stayed the same $5. To be in compliance with the departments fees, the rule needs to be changed. Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Kathleen Mathews, Clair Allen, or Kyle Stephens at the above address, by phone at 801-538-7103, 801-538-7180, or 801-538-7102, by FAX at 801-538-7126, 801-538-7189, or 801-538-7126, or by Internet E-mail at kmathews@utah.gov, ClairAllen@utah.gov, or kylestephens@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2008

This rule may become effective on:

07/22/2008

Authorized by:

Leonard M. Blackham, Commissioner

R68. Agriculture and Food, Plant Industry.

R68-3. Utah Fertilizer Act Governing Fertilizers and Soil Amendments.

R68-3-2. Registration of Products.

A. All fertilizer or soil amendment products distributed in Utah shall be officially registered with the Utah Department of Agriculture and Food.

1. Application for registration shall be made to the Department upon forms prescribed and provided by the Department and shall include the following information for each product:

a. The net weight,

b. The brand and grade,

c. The guaranteed analysis,

d. The name and address and phone number of the registrant.

e. The label for each product registered.

f. Any waste-derived fertilizer distributed as a single ingredient product or blended with other fertilizer ingredients must be identified as "waste-derived fertilizer" by the registrant in the application for registration. "Waste-derived fertilizer" shall include any commercial fertilizer that is derived from an industrial byproduct, coproduct or other material that would otherwise be disposed of if a market for reuse were not an option, but does not include fertilizers derived from biosolids or biosolids products regulated under Environmental Protection Agency Code of Federal Regulation, Section 503.

g. The registrant of a waste-derived fertilizer shall state in the application for registration the levels of non-nutritive metals (including but not limited to arsenic, cadmium, mercury, lead and selenium). The registrant will provide a laboratory report or other documentation verifying the levels of the non-nutritive metals in the waste-derived fertilizer.

2. The Commissioner may require submission of the complete formula of any fertilizer or soil amendment if it shall be deemed necessary for administration of the Utah Fertilizer Act. If it appears to the Commissioner that the composition of the product is such as to warrant the proposed claims for it, and if the product and its labeling and any other information which may be required to be submitted comply with the requirements of the act, the products shall be registered.

a. Before registering any soil amendment the Commissioner shall require evidence to substantiate the claims made for the soil amendment and proof of the value and usefulness of the soil amendment. Such supportive data shall accompany the application for registration and shall be obtained from one or more State Experiment Stations. Cost for such research shall be the responsibility of the applicant. Final decision concerning registration of a soil amendment shall be made by the Commissioner following evaluation of all evidence presented.

3. The registrant is responsible for the accuracy and completeness of all information submitted concerning application for registration of a fertilizer or soil amendment product.

4. Once a fertilizer or soil amendment is registered under the act, no further registration is required, as long as the label does not differ in any respect.

5. Whenever the name of fertilizer or soil amendment product is changed or there are changes in the product ingredients or guaranteed analysis, a new registration shall be required. Other labeling changes shall not require re-registration, but the registrant shall submit copies of all changes to the Department as soon as they are effective. A reasonable time may be permitted to dispose of properly labeled stocks of the old product.

6. A registration fee determined by the department pursuant to Subsection 4-2-2(2), per product shall be paid by the applicant annually.

7. Each registration is renewable for a period of one year upon payment of the annual renewal fee determined by the department pursuant to Subsection 4-2-2(2), per product which shall be paid on or before December 31 of each year. If the renewal of a fertilizer or soil amendment registration is not filed prior to January 1 of any year, an additional fee determined by the department pursuant to Subsection 4-2-2(2),[an additional fee of $5.00] shall be assessed per product and added to the original registration fee and shall be paid by the applicant before the registration renewal for that fertilizer or soil amendment shall be issued.

8. A distributor is not required to register each grade of commercial fertilizer or soil amendment formulated by a consumer before mixing, but is required to register the name under which the business of blending or mixing is conducted and to pay an annual blender's license fee determined by the department pursuant to Subsection 4-2-2(2). A blender's license shall expire at midnight on December 31 of the year in which it is issued. A blender's license is renewable for a period of one year upon the payment of an annual license renewal fee. For Each renewal of a fertilizer or soil amendment blender's license not filed prior to January 1 of any one year, an additional fee determined by the department pursuant to Subsection 4-2-2(2),[an additional fee of $5.00] shall be assessed and added to the original license fee and shall be paid by the applicant before the license shall be issued.

9. Beginning January 1, 1991 and on a semi-annual basis, fertilizer and soil amendment products sold in the State of Utah will be assessed a fee determined by the department pursuant to Subsection 4-2-2(2). This assessment shall be paid by the manufacturer or distributor on or before February 1st each year for the sales period July 1 through December 31 and again on or before August 1st each year for the sales period January 1 through June 30. The amount of assessment will be determined by records of the previous six month's sales.

 

KEY: fertilizers

Date of Enactment or Last Substantive Amendment: [October 16, 1998]2008

Notice of Continuation: January 7, 2005

Authorizing, and Implemented or Interpreted Law: 4-2-2