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2-19-202. Registration required for fertilizer brands and materials — Licensing required for fertilizer blending and storage facilities — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-19-202. Registration required for fertilizer brands and materials — Licensing required for fertilizer blending and storage facilities — Definition.
(a)(1) All manufacturers, jobbers, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer and fertilizer materials, shall first file for registration with the State Plant Board, upon forms furnished by the board. The forms shall include the name of the brand of each fertilizer, fertilizer materials, or chemicals which they may desire to sell in the state, either by themselves or their agents, together with the names and addresses of the manufacturers or manipulators, and such other information as may be required by the board in its rules.
(2) A registrant shall not be required to register each grade of fertilizer that is formulated but shall report the mixed formulations on a monthly basis as required by § 2-19-209.
(3) All registrations must be approved by the board or its authorized agent before being effective.
(4) Registrations may be cancelled by the board for repeated flagrant violations of this subchapter, after notice and a hearing.
(5)(A) Each commercial fertilizer registrant shall report the guaranteed analysis by net weight of each registered fertilizer brand and the name and address of the registrant.
(B) Except for specialty fertilizers as defined in subdivision (d)(2) of this section, no guaranteed analysis of complete fertilizer shall be allowed indicating fractional units of primary plant food.
(C) Raw materials may be registered under a guarantee of the actual plant food content.
(D) In the case of bone meal, the phosphoric acid content shall be stated as a total, and
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-19-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:2-19-202
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a50d3c9436fd37910cfd4107601904912e37898203ed7c54e028d3cb6f6cc089
Source location: content.xml paragraph 4718
Stored source content
2-19-202. Registration required for fertilizer brands and materials — Licensing required for fertilizer blending and storage facilities — Definition.
(a)(1) All manufacturers, jobbers, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer and fertilizer materials, shall first file for registration with the State Plant Board, upon forms furnished by the board. The forms shall include the name of the brand of each fertilizer, fertilizer materials, or chemicals which they may desire to sell in the state, either by themselves or their agents, together with the names and addresses of the manufacturers or manipulators, and such other information as may be required by the board in its rules.
(2) A registrant shall not be required to register each grade of fertilizer that is formulated but shall report the mixed formulations on a monthly basis as required by § 2-19-209.
(3) All registrations must be approved by the board or its authorized agent before being effective.
(4) Registrations may be cancelled by the board for repeated flagrant violations of this subchapter, after notice and a hearing.
(5)(A) Each commercial fertilizer registrant shall report the guaranteed analysis by net weight of each registered fertilizer brand and the name and address of the registrant.
(B) Except for specialty fertilizers as defined in subdivision (d)(2) of this section, no guaranteed analysis of complete fertilizer shall be allowed indicating fractional units of primary plant food.
(C) Raw materials may be registered under a guarantee of the actual plant food content.
(D) In the case of bone meal, the phosphoric acid content shall be stated as a total, and its actual nitrogen content shall be stated.
(E) In the case of rock phosphate, both the total and available phosphoric acid content shall be stated.
(b)(1) All manufacturers, jobbers, blenders, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer or fertilizer materials, shall first obtain a facility license from the board for each fertilizer blending or bulk storage facility which they operate.
(2) After notice and hearing, the board shall, by rules, promulgate the standards and criteria which it determines are necessary to license fertilizer blending or bulk storage facilities.
(c)(1)(A) The board may, under its rules, set and collect reasonable fertilizer brand registration and facility licensing fees.
(B) The fees shall be deposited into the Plant Board Fund of the State Treasury.
(2) All registrations shall expire on June 30 of each year.
(d) Any commercial fertilizer sold must contain a minimum of twenty (20) units of primary plant food, except for the following exemptions for special agricultural crop fertilizer formulations and for specialty fertilizers:
(1)(A) Commercial fertilizers which are needed in special cases for special agricultural crop uses shall be permitted to be sold in less than the combined twenty-unit minimum of primary plant food elements.
(B)(i) The special agricultural crop-use fertilizers with less than the twenty-unit minimum shall be permitted for sale only after the fertilizer grade is registered with the board.
(ii) In order to register the fertilizer grade, the applicant shall submit a written justification which shall show the need for such special fertilizer grade and shall include the fertilizer materials to be used in the special agricultural crop fertilizer formulation.
(iii) The board or its designee shall evaluate the formulation based on criteria established by rules of the board; and
(2)(A) A “specialty fertilizer” is any fertilizer distributed primarily for nonfarm use, such as for home gardens, lawns, shrubs, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.
(B) “Specialty fertilizer” includes a fertilizer used for research or experimental purposes.
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Arkansas Code — all titles (historical 2020) · legal_authorities
2-19-209. Monthly tonnage reports.
(a)(1)(A) All manufacturers and manipulators or agents representing them who have registered their brands in compliance with § 2-19-202 shall forward to the State Plant Board each month a report that shall reach its office on or before the twentieth day of the month, on the forms and in the number of copies to be prescribed by the State Plant Board.
(B) The report shall include a sworn statement of the total tonnage of all commercial fertilizers and fertilizer materials shipped or caused to be shipped for sale or consumption in this state, or which have been made, mixed, manufactured, or compounded in this state for sale or consumption in this state.
(2)(A)(i) The report shall be accompanied with the sum of two dollars and forty cents ($2.40) per ton or fractional ton.
(ii) A fee of two dollars and forty cents ($2.40) will accompany each monthly report of tonnage which amounts to less than one (1) ton.
(B) The State Plant Board shall issue receipt for the amount received and shall deposit the sums received as follows:
(i) Sixty-two cents (62¢) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues and shall be credited to the Plant Board Fund to be used for the maintenance, operation, support, and improvement of the board; and
(ii)(a) One dollar and seventy-eight cents ($1.78) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be remitted to the Board of Trustees of the University of Arkansas and shall be credited to a fund to be known as the “University of Arkansas, Division of Agriculture, Soil Testing and Research Fund” to be maintained in accounts in one (1) or more financial institutions in the State of Ar
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-19-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-19-209. This identifies an authority to review, not proof of applicability.