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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 59

FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES

 

603-059-0020

Inspection Fees

(1) The inspection fees authorized to be established by ORS 633 and payable under ORS 633 are as follows:

(a) Forty five cents ($0.45) for each ton of fertilizer;

(b) Forty five cents ($0.45) for each ton of agricultural mineral;

(c) Forty five cents ($0.45) for each ton of agricultural amendment;

(d) Five cents ($0.5) for each ton of fertilizer, agricultural mineral, or agricultural amendment containing 100% “compost” as defined in ORS 633.311.

(e) Five cents ($0.05) for each ton of gypsum.

(2) A portion of the inspection fees paid to the department for fertilizer, agricultural minerals and agricultural amendments shall be continuously appropriated for the purpose of funding grants for research and development related to the interaction of fertilizer, agricultural mineral or agricultural amendment products and ground water or surface water as described in ORS 633. The portion of fees so appropriated shall be determined by the Department based on the recommendation of the Fertilizer Research Committee (ORS 633.479).

(3) The inspection fees specified in section (1) of this rule shall be in effect commencing January 1, 2013.

Stat. Auth.: ORS 561.190 & 633 as amended by Ch. 914 OL 2001
Stats. Implemented: ORS 561.190 & 633
Hist.: AD 1071(17-75), f. & ef. 11-20-75; AD 10-1978, f. & ef. 7-10-78; AD 15-1983, f. 11-23-83, ef. 12-31-83; AD 14-1989, f. 10-12-89, cert. ef. 10-9-89; AD 1-1996, f. & cert. ef. 2-12-96; DOA 24-2001, f. & cert. ef. 10-15-01; DOA 12-2004, f. 4-15-04 cert. ef. 7-1-04; DOA 12-2012, f. 5-17-12, cert. ef. 1-1-13

603-059-0025

Declaration of Lime Score

(1) In addition to the labeling requirements of ORS 633.330, the lime invoice or label shall also state the guarantee for "Lime Score (Oregon)" which is defined as a numerical expression of the quality of lime.

(2) The "Lime Score (Oregon)" shall be determined in accordance with the equations and calculations set forth in the Oregon State University Fertilizer Guide for Fertilizer and Lime Materials, FG52, as revised June 1990.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 633
Stats. Implemented: ORS 633.330
Hist.: AD 10-1978, f. & ef. 7-10-78; AD 4-1982, f. & ef. 5-20-82; AD 8-1992, f. & cert. ef. 7-13-92

603-059-0030

Registration Fees

(1) The registration fee authorized to be established by ORS 633 for each fertilizer, agricultural mineral, agricultural amendment or lime product is as follows: Twenty Five dollars ($25.00) per year for each product registered;

(2) The registration fee specified in section (1) of this rule shall be in effect commencing January 1, 2002.

Stat. Auth.: ORS 561.190 & ORS 633 as amended by Ch 914 OL 2001.
Stats. Implemented:
Hist.: DOA 24-2001, f. & cert. ef. 10-15-01

603-059-0040

Manufacturer/Bulk Distributor License Fee

(1) The license fee authorized to be established by ORS 633 for each manufacturer/bulk distributor license is as follows: Fifty dollars ($50.00) per year for each business licensed;

(2) The license fee specified in section (1) of this rule shall be issued to a primary qualifying business entity. A separate and distinct license is not required for each facility location, however, all locations will be required to be identified on the license application.

(3) The license fee specified in section (1) of this rule shall be in effect commencing January 1, 2002.

Stat. Auth.: ORS 561.190 & ORS 633 as amended by Ch 914 OL 2001.
Stats. Implemented:
Hist.: DOA 24-2001, f. & cert. ef. 10-15-01

603-059-0050

Evaluation Fee

(1) The product evaluation fee authorized to be established by ORS 633 is as follows:

(a) Fifty dollars ($50.00) upon initial product registration;

(b) Fifty dollars ($50.00) upon product reregistration or reevaluation of product registration if regulations, label claims or supporting documentation has changed.

(2) The fee specified in section (1) of this rule shall be in effect commencing January 1, 2002.

Stat. Auth.: ORS 561.190 & ORS 633 as amended by Ch 914 OL 2001.
Stats. Implemented:
Hist.: DOA 24-2001, f. & cert. ef. 10-15-01

603-059-0055

Labeling Requirements

(1) Any fertilizer, agricultural mineral, agricultural amendment or lime product distributed in this state must have the following information included as part of the product label required by ORS 633.321 to 633.341. At a minimum, one of the following labeling statements:

(a) "Information regarding the contents and levels of metals in this product is available on the internet at http://www.regulatory-info-xx.com". Each registrant must substitute a unique alpha numeric identifier for "xx". This statement may be used only if the registrant establishes and maintains the internet site and the internet site meets the following criteria:

(A) There is no advertising or company-specific information on the site:

(B) There is a clearly visible, direct hyperlink to the department's internet site specified in (b) of this subsection (1); and

(C) Any other criteria adopted by the director by rule.

(b) "Information regarding the contents and levels of metals in this product is available at the Oregon Dept of Agriculture internet site: http://oda.state.or.us/fertilizer"

(c) "Information regarding the contents and levels of metals in this product is available on the internet at..." The Association of American Plant Food Control Officials' hosted website developed to provide a uniform label internet address to access product content information is to be inserted to complete the above sentence. This specific address is the only AAPFCO web address that will be allowed for this product labeling purpose.

(2) At a minimum, the following product information will be maintained by the Department on the internet:

(a) Product name including brand name;

(b) Registrant name;

(c) Guaranteed primary, secondary and micronutrients;

(d) Lime Score for lime products;

(e) Levels of arsenic, cadmium, lead, mercury, and nickel; and

(f) State registration status.

(3) Any fertilizer, agricultural mineral, agricultural amendment, or lime product sold, offered for sale, or distributed in this state must be labeled in accordance to 603-059-0055(1) by January 1, 2004.

(4) Failure to label a fertilizer, agricultural mineral, agricultural amendment, or lime product pursuant to 603-059-0055(1) which is sold, offered for sale, or distributed in this state on or after January 1, 2004 shall be considered mislabeled. Mislabeling of any fertilizer, agricultural mineral, agricultural amendment or lime product in this manner is a violation of ORS 633.366(1)(a) as a Category III violation.

Stat. Auth: ORS 561.190 & ORS 633 as amended by Ch. 914 OL 2001
Stats. Implemented: ORS 633 as amended by Ch. 914 OL 2001
Hist.: DOA 24-2002, f. 12-2-02, cert. ef. 1-1-03

603-059-0070

Investigational Allowances, Minimum Detection Limits

(1) Investigational allowance means an allowance for variations inherent in the taking, preparation and analysis of an official sample. The following investigational allowances provide enforcement consistency in determining deficiencies in products addressed in the administration of ORS 633.311 to 633.479 and 633.994. Products will be deemed deficient if the analysis of any nutrient, or Lime Score calculation, is below the guarantee by an amount exceeding the following values:

(a) Investigational allowances for primary nutrients are as follows:

% Guarantee -- N -- P2O5 -- K2O

4% or Less -- 0.49 -- 0.67 -- 0.41

5% -- 0.51 -- 0.67 -- 0.43

6% -- 0.52 -- 0.67 -- 0.47

7% -- 0.54 -- 0.68 -- 0.53

8% -- 0.55 -- 0.68 -- 0.60

9% -- 0.57 -- 0.68 -- 0.65

10% -- 0.58 -- 0.69 -- 0.70

12% -- 0.61 -- 0.69 -- 0.79

14% -- 0.63 -- 0.70 -- 0.87

16% -- 0.67 -- 0.70 -- 0.94

18% -- 0.70 -- 0.71 -- 1.01

20% -- 0.73 -- 0.72 -- 1.08

22% -- 0.75 -- 0.72 -- 1.15

24% -- 0.78 -- 0.73 -- 1.21

26% -- 0.81 -- 0.73 -- 1.27

28% -- 0.83 -- 0.74 -- 1.33

30% -- 0.86 -- 0.75 -- 1.39

32% or More -- 0.88 -- 0.76 -- 1.44

For Diamonium Phosphate and Monamonium Phosphate, the investigational allowance for P2O5 shall be 0.70.

For guarantees not listed, calculate the appropriate value by interpolation.

(b) Investigational allowances for secondary nutrients and micronutrients are as follows:

Element -- Investigational Allowance

Ca -- 0.2 Unit + 5% of Guarantee

Mg -- 0.2 Unit + 5% of Guarantee

S -- 0.2 Unit + 5% of Guarantee

B -- 0.003 Unit + 15% of Guarantee

Co -- 0.0001 Unit + 30% of Guarantee

Cl -- 0.005 Unit + 10% of Guarantee

Cu -- 0.005 Unit + 10% of Guarantee

Fe -- 0.005 Unit + 10% of Guarantee

Mn -- 0.005 Unit + 10% of Guarantee

Mo -- 0.0001 Unit + 30% of Guarantee

Na -- 0.005 Unit + 10% of Guarantee

Zn -- 0.005 Unit + 10% of Guarantee

"UNIT" is twenty (20) pounds of plant food or one percent (1%) of a ton

The maximum allowance when calculated in accordance to the above shall be 1 unit (1%).

(c) Investigational allowances for lime products are as follows:

(A) When the Lime Score is found to be more than 5% deficient from the stated Lime Score.

(B) When the amount of calcium carbonate, calcium oxide, magnesium carbonate or magnesium oxide content is found to be more than 10% below the guarantee.

(2) Minimum detection limits for laboratory analysis reports of metal levels required by the department in accordance with ORS 633.362 must be declared at, or below, the following:

Arsenic -- 10.0 ppm

Cadmium -- 05.0 ppm

Lead -- 05.0 ppm

Mercury -- 0.20 ppm

Nickel -- 05.0 ppm

Stat. Auth: ORS 561.190 & ORS 633 as amended by Ch. 914 OL 2001
Stats. Implemented: ORS 633 as amended by Ch. 914 OL 2001
Hist.: DOA 24-2002, f. 12-2-02, cert. ef. 1-1-03

603-059-0080

Enforcement Guidelines

(1) In addition to any other penalty provided by law, the Director may assess civil penalties for prohibited acts identified in ORS 633.366. Civil penalties will be issued in accordance to the magnitude of the violation. The department is not precluded from utilizing other enforcement alternatives. Enforcement alternatives may include, but are not limited to, letter of advisement, notice of violation, stop sale, use or removal order, and license/registration revocation, suspension or denial. Commission of each prohibited act is a violation of ORS Chapter 633 and subject to a civil penalty. Prohibited acts are categorized as to the magnitude of violation as follows:

(a) Category I (Major): The Department will issue a civil penalty for initial Category I violations in addition to any alternative enforcement action deemed necessary to protect the public interests. Category I violations include:

(A) ORS 633.366(1)(b) Register or attempt to register any product using fraudulent or deceptive practices to evade or attempt to evade the requirements of ORS 633.311 to 633.479 and 633.994 or rules adopted thereunder;

(B) ORS 633.366(1)(g) Make false or fraudulent applications, records, invoices or reports;

(C) ORS 633.366(1)(j) Sell, use or remove any product subjected to a stop sale, use or removal order until the product has been released in accordance with ORS 633.445;

(D) ORS 633.366(1)(k) Impede, obstruct, hinder or otherwise prevent or attempt to prevent the department from the performance of department duties under ORS 633.311 to 633.479 and 633.994.

(b) Category II (Moderate): The Department will take initial alternative enforcement action and may allow a specified amount of time to take corrective action prior to issuance of a civil penalty for a Category II violation. Failure to complete the required corrective action within the specified time period, or repeat violations, will result in the immediate issuance of a civil penalty. Category II violations include:

(A) Sell, offer for sale, or distribute adulterated products (ORS 633.366(1)(c));

(B) Fail, refuse, or neglect to keep or maintain records as required under ORS 633.461, 633.471 and 633.476 or refuse to make available such records pursuant to ORS 633.385 upon request by the department (ORS 633.366(1)(f));

(C) Knowingly or intentionally make any false or misleading representations in connection with the sale, offer for sale, or distribution of fertilizer, agricultural amendment, agricultural mineral, or lime products (ORS 633.366(1)(L)).

(c) Category III (Minor): The Department will take initial alternative enforcement action in writing and will allow a specified amount of time to take corrective action prior to the issuance of a civil penalty for a Category III violation. Failure to complete the corrective action within the specified time period, or repeat violations, may result in the immediate issuance of a civil penalty. Category III violations include:

(A) Sell, offer for sale, or distribute mislabeled products (ORS 633.366(1)(a)), including, but not limited to, when the product is:

(i) Deemed deficient as defined in 603-059-0070(1)(a)-(c);

(ii) Not labeled pursuant to 603-059-0055(1).

(B) Fail, refuse, or neglect to deliver to a purchaser of a bulk fertilizer, agricultural amendment, agricultural mineral or lime product a printed label that complies with ORS 633.321 to 633.341 (ORS 633.366(1)(d));

(C) Sell, offer for sale, or distribute a fertilizer, agricultural amendment, agricultural mineral or lime product that is not registered with the State Department of Agriculture under ORS 633.362 (ORS 633.366(1)(e));

(D) Fail, refuse, or neglect to provide notification to the department as required by ORS 633.318(5) or 633.362(8) (ORS 633.366(1)(h));

(E) Fail, refuse, or neglect to obtain a manufacturer-bulk distributor license required under ORS 633.318 (ORS 633.366(1)(i));

(F) Fail, refuse, or neglect to file a semiannual statement with the department as required under ORS 633.461 or 633.471 (ORS 633.366(1)(m));

(G) Fail, refuse, or neglect to pay inspection fees required under ORS 633.461 (ORS 633.366(1)(n)).

(d) To "refuse", in the context of these prohibited acts, constitutes a willful misconduct violation and is subject to a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.

(2) Maximum civil penalties are not to exceed the following:

Category -- 1st Violation -- 2nd Violation -- 3rd+ Violation

Category I (Major) -- $500 -- $1500 -- $10,000

Category II (Moderate) -- $250 -- $750 -- $5000

Category III (Minor) -- $125 -- $375 -- $2500

(3) As authorized by ORS 633.994(5) A civil penalty imposed under ORS 633.311 to 633.479 and 633.994 may be remitted or reduced upon such terms and conditions as the Director of Agriculture considers proper and consistent with the public health and safety.

(4) As authorized by ORS 633.994(3), any violation that arises from gross negligence or willful misconduct and results in substantial harm to human health or the environment may be subject to a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.

Stat. Auth: ORS 561.190 & ORS 633 as amended by Ch. 914 OL 2001
Stats. Implemented: ORS 633 as amended by Ch. 914 OL 2001
Hist.: DOA 24-2002, f. 12-2-02, cert. ef. 1-1-03

603-059-0100

Limits of Non Nutritive Constituents

(1) Fertilizer, agricultural amendment, agricultural mineral and lime products sold or distributed in the state and required to be registered with the Department shall be limited in the level of the metals arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), and nickel (Ni), contained therein, specifically:

(a) When the product has a guaranteed analysis of available phosphate (P2O5), for each percent of P2O5 guaranteed, the maximum allowed level of a metal, expressed in parts per million (ppm), must not exceed: 9 ppm arsenic, 7.5 ppm cadmium, 43 ppm lead, 0.7 ppm mercury, 175 ppm nickel.

(A) To determine the maximum allowed concentration of each metal in a product, multiply the percent guaranteed P2O5 for the product by the maximum allowed level of the metal.

(B) For the purpose of calculating the maximum allowed concentration of a metal in a product with a guaranteed analysis of less than six percent P2O5, the minimum percent of P2O5 utilized as a multiplier shall be 6.0.

(b) When the product has no guaranteed analysis of available phosphate (P2O5) but does have a guaranteed analysis of one micronutrient, for each percent of the micronutrient guaranteed, the maximum allowed level of a metal, expressed in parts per million (ppm), must not exceed: 76 ppm arsenic, 61 ppm cadmium, 340 ppm lead, 4.5 ppm mercury, 1330 ppm nickel.

(A) To determine the maximum allowed concentration of each metal in a product, multiply the percent of the micronutrient guaranteed for the product by the maximum allowed level of the metal.

(B) For the purpose of calculating the maximum allowed concentration of a metal in a product with less than one percent micronutrient guaranteed, the minimum percent of micronutrient utilized as a multiplier shall be 1.0.

(c) When the product has no guaranteed analysis of available phosphate (P2O5) but does have a guaranteed analysis of two or more micronutrients, for each percent of the micronutrient in the greatest concentration, the product shall not contain more than 76 parts per million (ppm) arsenic, 61 ppm cadmium, 340 ppm lead, 4.5 ppm mercury, 1330 ppm nickel.

(A) To determine the maximum allowed concentration of each metal in a product, multiply the percent of the micronutrient guaranteed for the product in the greatest concentration by the maximum allowed level of each metal.

(B) For the purpose of calculating the maximum allowed concentration of a metal in a product with less than one percent micronutrient guaranteed, the minimum percent of micronutrient utilized as a multiplier shall be 1.0.

(d) When the product has a guaranteed analysis of available phosphate (P2O5) and has a guaranteed analysis of one micronutrient, the product shall not contain more of any metal than the higher of the two resulting values as calculated in (a) or (b) above, specifically:

(A) To determine the maximum allowed concentration of a metal in a product, multiply the percent guaranteed P2O5 for the product by the maximum allowed level of the metal as stated in (a) above. Then multiply the percent of the micronutrient guaranteed for the product by the maximum allowed level of the metal as stated in (b) above. Utilize the higher of the two resulting values as the maximum allowable metal concentration.

(e) When the product has a guaranteed analysis of available phosphate (P2O5) and has a guaranteed analysis of two or more micronutrients, the product shall not contain more of any metal than the higher of the resulting values as calculated in (a) or (c) above.

(A) To determine the maximum allowed concentration of each metal in a product, multiply the percent guaranteed P2O5 for the product by the maximum allowed level of the metal as stated in (a) above. Then multiply the highest percent of a micronutrient guaranteed for the product by the maximum allowed level of the metal as stated in (c) above. Utilize the higher of the resulting values as the maximum allowable metal concentration.

(f) When the product has no guaranteed analysis of available phosphate (P2O5) and no guaranteed analysis of a micronutrient, the product shall not contain more than: 54 parts per million (ppm) arsenic, 45 ppm cadmium, 258 ppm lead, 4.2 ppm mercury, 1050 ppm nickel.

(2) Any fertilizer, agricultural amendment, agricultural mineral or lime product which is made from zinc recycled hazardous wastes as regulated under the Resource Conservation and Recovery Act (RCRA) must comply with the existing, applicable land disposal restriction (LDR) treatment standards for the hazardous wastes the products contain or comply with the conditions for excluding hazardous secondary materials as established in the Federal Register/Vol.67, No. 142/Wednesday, July 24, 2002/Pages 48393-48415.

(3) The department will review the permitted levels of metals or other substances in fertilizer, agricultural amendment, agricultural mineral and lime products every three years as authorized by ORS 633.362(11).

(4) Registration of a fertilizer, agricultural amendment, agricultural mineral or lime product with the department does not entitle the user of such product to violate regulations administered by any other authority with jurisdiction, including Water Quality Standards administered by the Department of Environmental Quality.

Stat. Auth: ORS 633 as amended by Ch. 914 OL 2001
Stats. Implemented: ORS 633 as amended by Ch. 914 OL 2001
Hist.: DOA 25-2002, f. 12-2-02, cert. ef. 1-1-03

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