NAC: CHAPTER 588 - COMMERCIAL FERTILIZERS AND AGRICULTURAL MINERALS

[Rev. 1/12/2018 4:19:27 PM]

[NAC-588 Revised Date: 2-18]

CHAPTER 588 - COMMERCIAL FERTILIZERS AND AGRICULTURAL MINERALS

588.005 Definitions.

588.007 “Phosphoric acid” interpreted.

588.010 Responsibility for tonnage fees and reports.

588.020 Quarterly submission of tonnage sales reports and tonnage fees; penalty for late payment.

588.025 Amount of tonnage fees for offer to sell, sale or distribution of commercial fertilizers or agricultural minerals.

588.030 Computation of tonnage fees for liquid fertilizers.

588.035 Fee for registration of brand and grade of commercial fertilizer or agricultural mineral.

588.037 Fees for registration of seller, distributor or deliverer of restricted-use commercial fertilizer or agricultural mineral.

588.040 Agricultural minerals: Tolerances for guaranteed total percentages.

588.050 Additional plant nutrients: Claims, registration and guarantees.

588.060 Exemption by weight.

588.065 Exemption of commercial fertilizers and agricultural minerals not used for agricultural purposes.

588.070 Exemption of nitrogen, phosphoric acid and soluble potash in certain uses.

588.080 Custom-mixed fertilizers.

588.090 Restricted-use commercial fertilizers or agricultural minerals: Classification.

588.100 Restricted-use commercial fertilizers or agricultural minerals: Identification of buyer.

588.110 Restricted-use commercial fertilizers or agricultural minerals: Availability of record of sale to Director.

588.120 Sale or distribution of adulterated commercial fertilizer or agricultural mineral.

588.130 Adoption by reference and revision of “Statement of Uniform Interpretation and Policy No. 25.”

588.140 Adoption by reference of Official Publication No. 68.

NAC 588.005 Definitions. (NRS 561.105) As used in this chapter, unless the context otherwise requires:

1. “Custom-mixed fertilizer” means a mixture of two or more registered commercial fertilizers created at the request of a buyer to satisfy the needs of a particular soil or crop.

2. “Department” means the State Department of Agriculture.

(Supplied in codification; A by Bd. of Agriculture, 2-20-96)

NAC 588.007 “Phosphoric acid” interpreted. (NRS 561.105) For purposes of the registration and labeling of fertilizers, the Director will interpret the term “phosphoric acid” as used in chapter 588 of NRS to have the same meaning as the term “phosphate.”

(Added to NAC by Bd. of Agriculture, eff. 8-9-94)

NAC 588.010 Responsibility for tonnage fees and reports. (NRS 588.164, 588.210, 588.295)

1. Except as otherwise provided in subsection 2, the registrant is responsible for tonnage fees and reports.

2. A registrant who has entered into a contract pursuant to subsection 4 of NRS 588.210 which assigns the responsibility for reporting the total tonnage and the payment of fees is not responsible for such reports and fees.

[Dep’t of Agriculture, No. 88.01, eff. 2-4-63] — (NAC A by R087-15, 12-21-2015)

NAC 588.020 Quarterly submission of tonnage sales reports and tonnage fees; penalty for late payment. (NRS 561.105, 588.164, 588.210, 588.295)

1. A tonnage report on sales of commercial fertilizers and agricultural minerals, together with the tonnage fee, must be submitted quarterly on or before the 15th day of the following month (15th day of April, July, October and January).

2. If the tonnage fee required pursuant to subsection 1 is not submitted within 15 days after the date on which the tonnage fee is due, the person responsible for paying the tonnage fee must pay, in addition to the tonnage fee, a fee in the amount of 50 percent of the tonnage fee.

[Dep’t of Agriculture, No. 88.02, eff. 2-4-63] — (NAC A 12-9-81; A by Bd. of Agriculture by R147-16, 12-21-2016)

NAC 588.025 Amount of tonnage fees for offer to sell, sale or distribution of commercial fertilizers or agricultural minerals. (NRS 561.105, 588.210) Except as otherwise provided in NRS 588.210 and 588.215 and NAC 588.030, a person who offers for sale, sells or distributes in this State commercial fertilizers or agricultural minerals, or both, shall pay to the Department the following fees:

1. For quarterly sales or distribution of commercial fertilizers or agricultural minerals of 20 tons or more, whether sold in packages or in bulk, 30 cents per ton; or

2. For quarterly sales or distribution of commercial fertilizers or agricultural minerals of less than 20 tons, whether sold in packages or in bulk, $5 per quarter.

(Added to NAC by Bd. of Agriculture by R097-99, 12-10-99, eff. 1-1-2000; A by R147-16, 12-21-2016)

NAC 588.030 Computation of tonnage fees for liquid fertilizers. (NRS 588.164, 588.210) Tonnage fees on liquid fertilizer are computed at the rate of 8 pounds per gallon.

[Dep’t of Agriculture, No. 88.03, eff. 2-4-63]

NAC 588.035 Fee for registration of brand and grade of commercial fertilizer or agricultural mineral. (NRS 588.164, 588.170) An application for the registration of a brand and grade of commercial fertilizer or agricultural mineral must be accompanied by a registration fee of $80 for each combined registration of brand and grade.

(Added to NAC by Dep’t of Agriculture by R082-99, 12-10-99, eff. 1-1-2000; A by R087-05, 11-17-2005, eff. 7-1-2006; A by Bd. of Agriculture by R147-16, 12-21-2016)

NAC 588.037 Fees for registration of seller, distributor or deliverer of restricted-use commercial fertilizer or agricultural mineral. (NRS 561.105, 588.295)

1. The annual fee to register with the Director pursuant to NRS 588.295 to sell or offer to sell at retail, or to distribute or deliver for transportation for delivery to the consumer or user, a restricted-use commercial fertilizer or agricultural mineral is $25.

2. Except as otherwise provided in NRS 588.295, the penalty fee if a person fails to renew his or her previous registration on or before February 1 next following its expiration is $25.

(Added to NAC by Bd. of Agriculture by R035-04, eff. 11-13-2006)

NAC 588.040 Agricultural minerals: Tolerances for guaranteed total percentages. (NRS 588.164) The following tolerances are established for agricultural minerals. Whenever the analysis shows a deficiency in any constituent of not more than 5 percent of the guaranteed total percentage of such constituent, it is considered as meeting the requirements of this chapter.

[Dep’t of Agriculture, No. 88.04, eff. 2-4-63]

NAC 588.050 Additional plant nutrients: Claims, registration and guarantees. (NRS 588.164)

1. Additional plant nutrients, besides the primary nutrients, nitrogen, phosphorus and potassium, when mentioned or claimed on the label or container, must be registered and guaranteed. Guarantees must be made on the elemental basis. Sources of the elements guaranteed must be shown on the application for registration. Except as otherwise provided in subsection 3, when claims for such nutrients are made on the label, container or application for registration, the minimum percentages which 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
Sodium (Na)	0.10
Zinc (Zn)	0.05

2. Guarantees or claims for the above-listed additional plant nutrients are the only ones which will be accepted. Proposed labels and directions for use of the fertilizer must be furnished with the application for registration. Warning or caution statements are required on the label for any product which contains 0.03 percent or more of boron in a water-soluble form or 0.001 percent or more of molybdenum. Any of the above-listed elements which are guaranteed must appear in the order listed, immediately following guarantees for the primary nutrients, nitrogen, phosphorus and potassium.

3. The provision set forth in subsection 1, which establishes the minimum percentages of additional plant nutrients which will be accepted for registration of a brand and grade of commercial fertilizer or agricultural mineral, does not apply to a commercial fertilizer or agricultural mineral that is sold, offered for sale or distributed as a ready-to-use or similar product, including, without limitation, a foliar fertilizer, horticultural growing medium or hydroponic fertilizer.

[Dep’t of Agriculture, No. 88.05, eff. 2-4-63] — (NAC A by R242-03, 11-13-2006)

NAC 588.060 Exemption by weight. (NRS 588.164) Commercial fertilizers and agricultural minerals in packages of less than 1 pound are exempt from the provisions of this chapter.

[Dep’t of Agriculture, No. 88.06, eff. 2-4-63]

NAC 588.065 Exemption of commercial fertilizers and agricultural minerals not used for agricultural purposes. (NRS 588.164, 588.215)

1. For the purpose of exempting commercial fertilizers and agricultural minerals that are not used for agricultural purposes from the license fees and reporting requirements of NRS 588.210, the Director interprets “agricultural” as used in NRS 588.215 to include “horticultural.”

2. As used in this section, “horticultural” includes, without limitation:

(a) The cultivation of plants for ornamental or decorative purposes; and

(b) The maintenance of lawns or turf.

(Added to NAC by Dep’t of Agriculture by R242-03, eff. 11-13-2006)

NAC 588.070 Exemption of nitrogen, phosphoric acid and soluble potash in certain uses. (NRS 588.164) Nitrogen, phosphoric acid and soluble potash which are used singly or in combination as a coating over viable seed or as a component of strips, carpets or similar seed specialties to stimulate sprouting and which constitute 1 percent or less of the coated seed or seed specialties are not agricultural minerals or commercial fertilizers under the provisions of chapter 588 of NRS.

(Added to NAC by Dep’t of Agriculture, eff. 12-9-81)

NAC 588.080 Custom-mixed fertilizers. (NRS 561.105) A custom-mixed fertilizer is not required to be registered with the Department, but an analysis of the custom-mixed fertilizer must be guaranteed on the delivery statement or the label on the container holding the fertilizer.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 588.090 Restricted-use commercial fertilizers or agricultural minerals: Classification. (NRS 588.164) The following commercial fertilizers or agricultural minerals, if sold, offered for sale or distributed as single nutrients, not in combination with any other commercial fertilizer or agricultural mineral, are classified, pursuant to NRS 588.164, as restricted-use commercial fertilizers or agricultural minerals:

1. Ammonium nitrate if the nitrogen content is 23 percent or greater.

2. Anhydrous ammonia.

(Added to NAC by Dep’t of Agriculture by R242-03, eff. 11-13-2006)

NAC 588.100 Restricted-use commercial fertilizers or agricultural minerals: Identification of buyer. (NRS 588.164, 588.295)

1. A person required by NRS 588.295 to maintain a record of the sale of restricted-use commercial fertilizers or agricultural minerals shall include in that record a unique number that provides positive identification of the buyer.

2. The unique number must be obtained from an identification document that:

(a) Is issued by a governmental authority; and

(b) Includes a photograph of the buyer.

3. The person maintaining the record shall visually inspect the original or a photostatic or other copy of the identification document:

(a) Before the first sale or delivery to a buyer; and

(b) If subsequent sales or deliveries are made to that buyer, not less than annually thereafter.

4. As used in this section, “buyer” means the person to whom the restricted-use commercial fertilizer or agricultural mineral is sold or delivered.

(Added to NAC by Dep’t of Agriculture by R242-03, eff. 11-13-2006)

NAC 588.110 Restricted-use commercial fertilizers or agricultural minerals: Availability of record of sale to Director. (NRS 588.164, 588.295) A person required by NRS 588.295 to maintain a record of the sale of restricted-use commercial fertilizers or agricultural minerals shall make the record available to the Director upon request.

(Added to NAC by Dep’t of Agriculture by R242-03, eff. 11-13-2006)

NAC 588.120 Sale or distribution of adulterated commercial fertilizer or agricultural mineral. (NRS 588.164)

1. A person shall not sell, offer for sale or distribute a commercial fertilizer or agricultural mineral if it is adulterated.

2. For the purposes of this section, and except as otherwise provided in subsection 3, a commercial fertilizer or agricultural mineral is adulterated if:

(a) It contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when:

(1) It is applied in accordance with the directions for use on the label or tag; or

(2) Adequate warning statements or directions for use which may be necessary to protect beneficial plant life, animals, humans, aquatic life, soil or water are not shown on the label or tag;

(b) Its actual composition differs from that set forth on the label or tag; or

3. A commercial fertilizer or agricultural mineral is not adulterated solely because it contains one or more additional plant nutrients as set forth in NAC 588.050.

(Added to NAC by Dep’t of Agriculture by R242-03, eff. 11-13-2006)

NAC 588.130 Adoption by reference and revision of “Statement of Uniform Interpretation and Policy No. 25.” (NRS 588.164)

1. Except as otherwise provided in subsection 2, the Director hereby adopts by reference “Statement of Uniform Interpretation and Policy No. 25” in the form most recently published by the Association of American Plant Food Control Officials in its Official Publication, unless the Director gives notice pursuant to this section that the most recent revision is not suitable for this State.

2. Any reference in “Statement of Uniform Interpretation and Policy No. 25” to “section 13(a) of the Uniform State Fertilizer Bill” shall be deemed to be a reference to “NAC 588.120.”

3. If “Statement of Uniform Interpretation and Policy No. 25” is revised, the Director will, not later than 6 months after the date of the publication of the revision, determine, after notice and hearing, whether the revision is suitable for this State. Not less than 30 days after the Director makes the determination, he or she will:

(a) If the Director determines the revision is suitable, file one copy of the revision with the Secretary of State and one copy with the State Library, Archives and Public Records Administrator, and make at least one copy available for public inspection with his or her regulations; or

(b) If the Director determines that the revision is not suitable, file one copy of the determination with the Secretary of State, the State Library, Archives and Public Records Administrator and the Legislative Counsel, and make at least one copy available for public inspection with his or her regulations.

4. The Official Publication, which contains “Statement of Uniform Interpretation and Policy No. 25,” is available from the Association of American Plant Food Control Officials, P.O. Box 33508, Raleigh, North Carolina 27636-3508, for the price of $30.

(Added to NAC by Dep’t of Agriculture by R242-03, eff. 11-13-2006)

NAC 588.140 Adoption by reference of Official Publication No. 68. (NRS 588.163)

1. The Director hereby adopts by reference Official Publication No. 68, 2015 edition, of the Association of American Plant Food Control Officials, and any subsequent edition issued by the Association of American Plant Food Control Officials, or its successor organization, which has been approved by the Director. Each new edition of this publication shall be deemed approved by the Director unless the edition is disapproved by the Director within 60 days after the date of publication by the Association of American Plant Food Control Officials or its successor organization.

2. The Director will review each subsequent edition of the Official Publication to ensure its suitability for use in this State. The most recent edition of the publication that has been approved by the Director will be available for inspection at the main office of the Department, or may be purchased for the price of $60 by mail from the Association of American Plant Food Control Officials, No. 1 Natural Resources Drive, Little Rock, Arkansas 72205.

(Added to NAC by Dep’t of Agriculture by R087-15, eff. 12-21-2015)