15.18.03.02

.02 Registration.

A. Registration.

(1) Except as provided by this chapter, a person shall register with the Department each brand and grade of commercial fertilizer or soil conditioner before it is distributed in this State. A person who registers any product that is distributed as a combination product shall comply with the applicable regulatory requirements in this chapter for each product contained in the combination product. Examples of combination products regulated by the Secretary are fertilizer-lime and fertilizer-pesticide products.

(2) If the product label has not been altered or changed, a distributor is not required to register any brand or grade of commercial fertilizer or brand of soil conditioner which has been registered under this chapter by another person.

(3) An applicant for registration shall submit to the Department the following:

(a) A completed registration application provided by the Department;

(b) A copy of the product label and, if requested by the Secretary, other labeling describing the product; and

(c) The registration fee of:

(i) $15 for each brand and grade registered in bulk or in a package of more than 10 pounds, or

(ii) $30 for each brand and grade registered in a package of 10 pounds or less.

(4) The following are exempt from registration under this chapter:

(a) Unmanipulated animal and vegetable manure;

(b) Custom-mix fertilizer product; or

(c) Fertilizer product whose nutrient content is derived solely from sewage sludge, as regulated by COMAR 26.04.06.

B. Registration Renewal.

(1) By February 1 of each year, a registrant shall renew the registration for each brand and grade of commercial fertilizer or soil conditioner distributed in this State.

(2) An applicant for registration renewal shall submit to the Department the following:

(a) A completed registration renewal application on a form provided by the Department;

(b) A copy of the product label and any other printed materials describing the product, if:

(i) The label has been altered or changed since the product label was last approved, or

(ii) 5 years have passed since the product label was last submitted to the Department; and

(c) The registration fee of:

(i) $15 for each brand and grade registered in bulk or in a package of more than 10 pounds, or

(ii) $30 for each brand and grade registered in a package of 10 pounds or less.

C. Registration of Commercial Fertilizer.

(1) A registrant of a commercial fertilizer, except a custom-mix fertilizer, shall provide the Department with the following information on a form provided by the Department:

(a) Package size and net weight;

(b) Brand and grade under which the commercial fertilizer is distributed;

(c) Guaranteed analysis showing the minimum percentage of plant nutrients claimed, as follows:

(i) Total nitrogen (N) ___ percent,

(ii) Available phosphate (P2O5) ____ percent,

(iii) Soluble potash (K2O) ____ percent, and

(iv) Other plant nutrients ____ percent;

(d) Manufacturer's or registrant's telephone number and principal mailing address, including the street, city, state, and zip code; and

(e) Any other information the department requires.

(2) Registration of Fertilizer-Pesticide. A registrant of a fertilizer-pesticide shall provide the Department with the following information on a form provided by the Department:

(a) Package size and net weight;

(b) Brand and grade under which the fertilizer-pesticide is distributed;

(c) Guaranteed analysis showing the minimum percentage of plant nutrients claimed, as follows:

(i) Total nitrogen (N) ____ percent,

(ii) Available phosphate (P2O5) ____ percent,

(iii) Soluble potash (K2O) ____ percent, and

(iv) Other plant nutrients ____ percent;

(d) Pesticide active ingredient or ingredients, and guarantees;

(e) U.S. Environmental Protection Agency pesticide product registration number;

(f) Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and

(g) Any other information the Department requires.

D. Registration of Soil Conditioner.

(1) A registrant of a soil conditioner shall provide the Department with the following information:

(a) Net weight or other measure approved by the Secretary;

(b) Brand;

(c) Accurate statement of the composition of the soil conditioner, and its intended use;

(d) Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and

(e) Any other information the Department requires.

(2) Registration of Microorganism. An applicant for registration of a soil conditioner containing a microorganism intended for use as a nitrogen-fixation agent shall provide the Department with the following information:

(a) Brand;

(b) Guaranteed analysis showing the type of bacteria, including genus and species, and the minimum number of viable bacteria per gram of product;

(c) Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and

(d) Any other information the Department requires.

E. Registration of Industrial Sludge as a Fertilizer or Soil Conditioner.

(1) Unless a commercial fertilizer or soil conditioner that contains industrial sludge is first registered as required by this chapter, a person may not distribute it in the State.

(2) Industrial Sludge Testing.

(a) A registrant shall provide the Department with test results required by the Department to determine whether the industrial sludge qualifies as a commercial fertilizer or soil conditioner before it is distributed in the State.

(b) A registrant shall submit test results to the Department every 6 months after registration, or at intervals required by the Department.

(3) Registration Prohibited. A person may not register with the Secretary as a commercial fertilizer or soil conditioner any product containing industrial sludge from a pulp and paper mill that:

(a) Uses chlorine or chlorine derivative processes; and

(b) Contains a controlled hazardous substance as defined by COMAR 26.13.01.03.

(4) Statement of Origin. In addition to the other requirements of this chapter, an applicant for registration for a product that contains industrial sludge shall submit to the Secretary a product label, invoice, or statement showing the origin of the sludge.

(5) Records. A person distributing an industrial sludge registered as a commercial fertilizer or soil conditioner shall maintain distribution records for 2 years after initial registration.

F. Registration of Guarantees of Phosphates.

(1) An applicant for registration of a commercial fertilizer that contains unacidulated mineral phosphate materials or basic slag, or both, may guarantee the total phosphate and the available phosphate, or the degree of fineness, or both.

(2) An applicant for registration of a commercial fertilizer containing bone, tankage, or other organic phosphatic materials may guarantee the total phosphate (P2O5).

G. Registration of Guarantees other than Nitrogen, Phosphate, and Potash.

(1) The Secretary may require a guarantee of nutrients, if claimed by a registrant, other than nitrogen, phosphate, or potash, to be expressed in elemental form for a commercial fertilizer.

(2) The applicant shall state on the application the sources of nutrients other than nitrogen, phosphate, and potash.

H. Identification of Ingredients. If required by the Secretary, an applicant shall list on the application the common or usual English name of all ingredients used in the manufacturing or blending of a commercial fertilizer or soil conditioner.

I. Registration of Secondary Plant Nutrient or Micronutrient.

(1) An applicant for registration of a commercial fertilizer shall state on the registration form, immediately following the guarantees for primary plant nutrients, the guarantee for any secondary plant nutrient or micronutrient claimed in any manner.

(2) Any secondary plant nutrient or micronutrient claimed by the registrant shall be guaranteed:

(a) On an elemental basis;

(b) In the following order and at or above the minimum percentages accepted for registration, as listed in the following table:

Element Minimum
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

J. Uniform Guarantees. The plant nutrient content of each brand and grade of commercial fertilizer registered, the composition of each brand of soil conditioner registered, and the bacterial count of each brand of microorganism registered shall remain uniform for the period of registration.