# Agriculture (GAG)

## Title 6. Commercial Feed and Fertilizer and Agricultural Liming Materials

### Subtitle 2. Maryland Commercial Fertilizer Law

#### Section 6-201

(a) In this subtitle the following words have the meanings indicated.

(b) A commercial fertilizer is "adulterated" if:

  (1) Any poisonous, deleterious, or nonnutritive ingredient is added in sufficient amount to render it injurious to the health of plants, humans, or animal life or injurious to the environment;

  (2) A valuable constituent is omitted or abstracted wholly or partially from it or any less valuable substance is substituted for it; or

  (3) Its composition or quality falls below or differs from that which it is purported or is represented to contain by its labeling.

(c) "Brand" means the term, design, trademark, or other specific designation under which a commercial fertilizer or soil conditioner is distributed in the State.

(d) "Bulk fertilizer" means any commercial fertilizer distributed in a nonpackaged form.

(e) "Buyer's mixture" means commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by him.

(f) "Commercial fertilizer" means any substance containing a recognized plant nutrient used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum.

(g) "Custom-mix" means commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by him.

(h) "Distribute" means to import, manufacture, produce, compound, mix, blend, barter, sell, offer for sale, consign, furnish, provide, or otherwise supply commercial fertilizer or soil conditioners as part of a commercial enterprise.

(i) "Enhanced efficiency fertilizer" means a fertilizer product that increases plant uptake and decreases the potential of nutrient loss to the environment, including gaseous loss, leaching, or runoff, when compared to an appropriate reference fertilizer product.

(j) "Fertilizer material" means a commercial fertilizer containing a recognized plant nutrient, which is used primarily for its plant nutrient content.

(k) "Grade" means the percentage of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) stated in whole numbers in the same terms, order, and percentages as in the "guaranteed analysis". In the case of any "specialty fertilizer" or "mixed-to-order fertilizer" guarantees may be stated in decimal fractions of whole numbers.

(l) "Guaranteed analysis" means the nominal percentage of plant nutrient claimed as follows:

  (1) Total nitrogen (N), available phosphate (P2O5), soluble potash (K2O);

  (2) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphate and the degree of fineness;

  (3) For bone, tankage, and other organic phosphatic materials, total phosphate;

  (4) Additional plant nutrients, when claimed, shall be expressed in elemental form; and

  (5) Potential basicity or acidity may be expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton.

(m) "Gypsum" means any product that consists chiefly of calcium sulfate intended for use for agricultural purposes.

(n) "Label" means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a commercial fertilizer or soil conditioner.

(o) "Labeling" means all written, printed, or graphic matter on or accompanying any commercial fertilizer or soil conditioner, or the contents of any advertisement, brochure, poster or television or radio announcement used in promoting the sale of a commercial fertilizer or soil conditioner.

(p) "Lot" means a definite quantity of commercial fertilizer or soil conditioner, identified by name, grade, or code designation as certified by the Secretary.

(q) "Low phosphorous fertilizer" means fertilizer:

  (1) Containing not more than 5% of available phosphate (P2O5); and

#### Section 6-202

This subtitle shall be administered by the State Chemist subject to the supervision of the Secretary.

#### Section 6-203

The Secretary shall enforce this subtitle. After notice and public hearing he may adopt reasonable rules and regulations necessary to secure the efficient administration of this subtitle.

#### Section 6-205

The Secretary shall publish at least annually, in any form he deems proper, (1) information concerning the distribution of commercial fertilizers and soil conditioners; (2) data on their production and use as he considers advisable; and (3) a report of the results of the analysis of official samples of these products distributed in the State as compared with the analyses guaranteed in the registration and the label. The published information concerning production and use of commercial fertilizers and soil conditioners may not disclose the operation of any person.

#### Section 6-206

(a) The Secretary shall sample, inspect, test, and make analyses of any commercial fertilizer and soil conditioner distributed in the State at any time and place and to an extent the Secretary considers necessary to assure compliance with the provisions of this subtitle.

(b) The Secretary shall adopt the methods of sampling and analysis from sources, such as the journal of the Association of Official Analytical Chemists, or methods that insure representative sampling and accurate examination.

(c) In determining for administrative purposes whether a commercial fertilizer or soil conditioner is deficient in any component, the Secretary shall be guided solely by the official sample obtained and analyzed as provided by this subtitle.

(d) The Secretary may enter any public or private premises, including any transportation vehicle, during regular business hours, to obtain access to commercial fertilizer or soil conditioners or to records relating to their distribution.

#### Section 6-207

(a) Except as provided in subsection (d) of this section, a distributor shall register each brand and grade of commercial fertilizer and each product name of soil conditioner before distributing it in the State and shall pay the registration fee.

(b) The registration application shall be accompanied by a label or other printed matter describing the product, if requested by the Secretary. The application shall be submitted on forms furnished by the Secretary. Upon the Secretary's approval, a copy of the registration shall be furnished to the applicant.

(c) Each registration expires January 31 each year.

(d)

  (1) Provided the product label has not been altered or changed, a distributor shall not be required to register any brand and grade of commercial fertilizer or product name of soil conditioner which has been registered under this subtitle by another person.

  (2) A distributor shall not be required to register a commercial fertilizer mixed or blended according to a formula furnished by a consumer, but he shall label the fertilizer in the order and form provided in Sec. 6-210(c) of this subtitle. However, any fertilizer mixed in advance of receipt of the customer's specific order shall be registered.

#### Section 6-208

(a) For each brand and grade of commercial fertilizer and for each soil conditioner distributed in the State, the annual registration fee is $15 and the annual inspection fee is 25 cents per ton except:

  (1) For each brand and grade of commercial fertilizer and each soil conditioner distributed in packages of 10 pounds or less, the annual registration fee is $30, notwithstanding any other registration or inspection fee; and

  (2) For each brand and grade of commercial fertilizer and each soil conditioner distributed in packages of 10 pounds or less and in packages over 10 pounds, the annual $30 registration fee applies, and only the portion distributed in packages over 10 pounds is subject to the inspection fee of 25 cents per ton.

(b)

  (1) Mixed-to-order, buyer's mixture, or custom-mix fertilizer is exempted from the registration fee, but the inspection fee shall be paid.

  (2) Distribution of fertilizer materials to manufacturers or exchange between them is exempted.

#### Section 6-209

(a) Each person who registers any commercial fertilizer or soil conditioner in the State shall furnish the Secretary with a semiannual written statement of the tonnage of each grade of commercial fertilizer or each soil conditioner distributed in the State. This statement shall include every sale for the periods of January 1 through June 30 and July 1 through December 31 of each year.

(b) If the tonnage report is not filed and the inspection fee is not paid within 31 days after the end of the semiannual period, a collection fee amounting to 10 percent of the amount, or a minimum of $10, shall be assessed against the registrant. The amount of fees due constitute a debt and may become the basis of a judgment against the registrant.

(c) Any person who distributes any commercial fertilizer or soil conditioner shall keep records necessary or required by the Secretary to indicate accurately the tonnage of commercial fertilizer and soil conditioner distributed in the State. The Secretary has the right to examine the records to verify any statement of tonnage.

(d) Each registrant distributing or selling commercial fertilizer to a nonregistrant shall mail to the Secretary within ten days, excluding legal holidays and Sundays, after the last day of each month a statement showing the following information for that month: (1) the total tons of commercial fertilizer distributed by grades and analyses, (2) the counties to which it was distributed, and (3) the form in which the commercial fertilizer was shipped, such as, bags, bulk, or liquid. If more than one person is involved in the distribution of commercial fertilizer, the last registrant who distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting tonnage, unless a prior distributor has reported.

(e) This section does not require the disclosure of the name of the consignee or the sale price of the commercial fertilizer or any aspect of the operations of any person other than as specifically required. No information furnished pursuant to this section shall be disclosed in a way so as to divulge the operation of any person.

#### Section 6-209.1

(a) A distributor shall maintain, for at least 2 years, a record of all sales or distributions of ammonium nitrate fertilizer including:

  (1) The date of sale or delivery of the fertilizer;

  (2) The name, address, and copy of the driver's license or picture identification card of the buyer or recipient;

  (3) The quantity of fertilizer sold or delivered; and

  (4) Any other information required by the Secretary.

(b) Records maintained pursuant to subsection (a) of this section shall be made available to the Secretary upon request.

(c)

  (1) Except as provided in paragraph (2) of this subsection, the Secretary shall maintain all records or reports requested under subsection (b) of this section in a manner that protects the identity and location of the distributor and buyer or recipient.

  (2) If the Secretary determines that the disclosure is necessary to protect the public, the Secretary may disclose the identity and location of the distributor and buyer or recipient to a federal, State, or local government or unit of government that requests the information in the course of performing its duties related to public safety.

(d) In consultation with the Office of Homeland Security, the Secretary shall adopt regulations to carry out the provisions of this section.

#### Section 6-210

(a) Each brand and grade of commercial fertilizer distributed in the State shall be accompanied by a legible label bearing the following information:

  (1) The net weight;

  (2) The brand and grade under which the commercial fertilizer is distributed;

  (3) The guaranteed analysis giving the nominal percentage of every plant nutrient claimed to be contained in the fertilizer; and

  (4) Name and address of manufacturer.

(b) If distributed in bulk, a written or printed statement of the information required by subsection (a) of this section shall accompany delivery and be supplied to the purchaser at the time of delivery.

(c) Any fertilizer mixed or blended according to a formula furnished by a purchaser shall be marked plainly or tagged with the words "buyer's mixture", or "mixed-to-order", or "custom-mix" together with a statement containing the following information:

  (1) Net weight;

  (2) The guaranteed analysis giving the nominal percentage of every plant nutrient claimed to be contained in the fertilizer; and

  (3) Name and address of the manufacturer. In addition, the amounts or kinds of materials used in the formulation may be shown.

(d)

  (1) Except as provided in paragraph (2) of this subsection, a specialty fertilizer shall be labeled to contain all information required by subsection (a) of this section.

  (2) A specialty fertilizer used on turf shall be labeled to contain:

    (i) All of the information required by subsection (a) of this section;

    (ii) The percentage of total nitrogen, including the percentage of other water soluble nitrogen and water insoluble nitrogen;

    (iii) The percentage of available phosphate;

    (iv) The percentage of soluble potash; and

    (v)

      (1) The following statement: "Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn, and sweep any product that lands on the driveway, sidewalk, or street back onto your lawn."; or

      (2) The environmental hazard statement recommended by the U.S. Environmental Protection Agency for that product.

  (3) The information required under paragraphs (1) and (2) of this subsection shall be printed in a legible and conspicuous manner on at least one side of the container, or if it does not appear on the face or display side of the container, it shall appear on the upper third of the side used.

(e)

  (1) Except as provided in paragraph (2) of this subsection, on or after April 1, 2011, a lawn fertilizer with an available phosphate (P2O5) content greater than 5%:

    (i) May not be labeled for use on established lawns or grass;

    (ii) May not be labeled with spreader settings; and

    (iii) Shall be marked with the words "NOT FOR USE ON ESTABLISHED LAWNS OR GRASS" in at least a three-quarter inch font and in a legible and conspicuous manner on the front side of the container.

  (2) This subsection does not apply to seed starter fertilizer for use on newly established lawns or turf.

(f) Each brand of soil conditioner distributed in the State shall be accompanied by a legible label bearing the following information:

  (1) Net weight or other measure prescribed as satisfactory by the Secretary;

  (2) The brand under which the soil conditioner is distributed;

  (3) An accurate statement of composition and purpose; and

  (4) Name and address of the registrant.

#### Section 6-210.1

(a) Any retail outlet distributing commercial fertilizer in bags weighing 50 pounds or more shall display prominently a sign advising customers that:

  (1) Overuse of commercial fertilizer damages State waters, including the Chesapeake Bay; and

  (2) Customers concerned with protecting and restoring the health of the Chesapeake Bay and other State waters should, before using a commercial fertilizer, receive a chemical analysis of the soil to be fertilized from a soil-testing laboratory.

(b) The Department shall develop and make available at no cost to an affected retailer a sign that meets the requirements of subsection (a) of this section.

#### Section 6-211

A person may not distribute an adulterated or misbranded fertilizer or a misbranded soil conditioner.

#### Section 6-212

If the Secretary finds that a consumer possesses any commercial fertilizer or soil conditioner short in weight, the registrant of the product shall pay the consumer a penalty equal to two times the value of the actual shortage within 30 days after official notice of the Secretary.

#### Section 6-213

The plant nutrient content of each commercial fertilizer shall remain uniform for the period of registration. No percentage of any guaranteed plant nutrient element may be changed in a manner that lowers the crop-producing quality of the commercial fertilizer, even if the fertilizer is registered subsequently.

#### Section 6-214

(a) The Secretary may issue and enforce a written stop-sale order to the registrant, owner, custodian, or distributor of any fertilizer or soil conditioner that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, plants, or the environment.

(b) The order prohibits sale or distribution of the fertilizer or soil conditioner until the Secretary:

  (1) Has evidence that the product is in compliance with the law; and

  (2) Provides a written release from the stop-sale order.

(c) The Secretary may petition the circuit court of the county in which the commercial fertilizer or soil conditioner is located, if the fertilizer is located there, to seize any lot of commercial fertilizer or soil conditioner not in compliance with this subtitle. If the court finds the material to be in violation of the provisions of this subtitle and orders condemnation of the commercial fertilizer or soil conditioner, the material shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner and the laws of the State. The court may not dispose of the material without first giving the claimant an opportunity to apply to the court for release of it or for permission to process or relabel it so that it complies with the provisions of this subtitle.

#### Section 6-215

In any prosecution under this subtitle relating to the composition of a lot of commercial fertilizer or soil conditioner, a certified copy of the official analysis signed by the Secretary or the State Chemist is prima facie evidence of the composition.

#### Section 6-216

(a) The State's Attorney to whom any violation is reported shall institute appropriate judicial proceedings without delay. Before the Secretary reports a violation for prosecution, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and an opportunity to present his view, orally or in writing, with regard to the contemplated proceeding.

(b) This subtitle does not require the Secretary to report for prosecution or for institution of condemnation proceedings any minor violation of the subtitle when he believes the public interests will be served best by a suitable written warning notice.

#### Section 6-217

The Secretary may petition the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted under it, notwithstanding the existence of any other remedy at law. The injunction shall be issued without bond.

#### Section 6-218

The Secretary may refuse to register or cancel the registration of any brand of commercial fertilizer or soil conditioner upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in evasions or attempted evasions of the provisions of this subtitle or any rules and regulations adopted under it. However, no registration may be refused or revoked until the registrant has been given the opportunity to appear for a hearing by the Secretary.

#### Section 6-219

(a) To determine the commercial value to be applied in subsection (b) of this section, the Secretary shall determine and publish annually the values per pound of nitrogen, available phosphate, soluble potash and other plant nutrients in commercial fertilizers in the State as determined by the Secretary.

(b) If an official analysis of a lot shows that a commercial fertilizer is deficient in a guaranteed primary plant nutrient, that is nitrogen, available phosphate, and soluble potash, beyond the investigational allowance as established by rule or regulation, the Secretary shall assess against the registrant a penalty of three times the commercial value of the deficiency in the lot analyzed if the deficiency is confirmed in a hearing before him.

(c) The Secretary shall evaluate other deficiencies or excesses beyond the investigational allowance established by rule or regulation in any other constituent covered under Sec. 6-201(l) of this subtitle which the registrant is required to or may guarantee, and he shall prescribe the penalty for any deficiency or excess.

#### Section 6-220

This subtitle may be cited as the "Maryland Commercial Fertilizer Law".

#### Section 6-221

(a) The Secretary shall adopt regulations in consultation with the State Department of the Environment to establish product standards for compost intended for commercial use and distribution.

(b) The regulations adopted under subsection (a) of this section shall include:

  (1) Certification requirements for operators of composting facilities; and

  (2) A classification scheme for compost.

(c) To the greatest extent practicable, the regulations adopted under subsection (a) of this section shall be consistent with applicable national standards and with relevant standards which may have been developed in neighboring states.

#### Section 6-222

(a)

  (1) Except as provided in paragraph (2) of this subsection, on or after April 1, 2011, a person may not sell or distribute for use or sale any fertilizer intended for use on established lawns or grass unless it is low phosphorous fertilizer.

  (2) This subsection does not apply to organic or natural organic fertilizer that is sold to a professional fertilizer applicator.

(b)

  (1) On or before April 1, 2011, a manufacturer of lawn fertilizer whose products are sold in the State shall reduce by 50% from 2006 levels the amount of available phosphate (P2O5) resulting from the application of its lawn care products within the State.

  (2) The amount of available phosphate (P2O5) resulting from the application within the State of lawn care products sold or distributed by a manufacturer may not exceed an average of 1.5% available phosphate (P2O5) if, prior to April 1, 2010, the manufacturer did not sell or distribute fertilizer in the State intended for use on established lawns or grass.

  (3) Beginning in 2011, a manufacturer of fertilizer whose products are sold in the State shall report the pounds of phosphorus in its lawn care products sold at retail locations in the State to the Department at the end of each calendar year.

(c) The Department may adopt regulations to implement this section.

#### Section 6-223

(a) Except for enforcement provided under Sec. 8-803.5(g) of this article, the Department has the exclusive authority to establish standards regulating fertilizer and its application to turf.

(b) A local government entity may not adopt laws, regulations, rules, ordinances, or standards regulating fertilizer and its application to turf.

(c) Subsections (a) and (b) of this section do not exempt a person from complying with any provision of, or any regulation adopted in accordance with, the Environment Article.

#### Section 6-224

(a) Except as provided in subsection (b) of this section, any specialty fertilizer labeled for use on turf, when applied in accordance with the instructions on the container, may not:

  (1) Result in an application of:

    (i) More than 0.7 pounds per 1,000 square feet of water-soluble nitrogen; or

    (ii) More than 0.9 pounds per 1,000 square feet of total nitrogen, at least 20% of which shall consist of slow-release nitrogen;

  (2) Contain phosphorus, except:

    (i) For organic and natural organic fertilizer sold to a professional fertilizer applicator; or

    (ii) When specifically labeled for the following purposes:

      (1) Providing nutrients to specific soils and target vegetation as determined to be necessary in accordance with a soil test that was:

      (A) Conducted by a laboratory identified under Sec. 8-803.7 of this article; and

      (B) Performed no more than 3 years before the application;

      (2) Establishing vegetation for the first time, such as after land disturbance, provided the application is conducted in accordance with the recommended application rates established by the State; or

      (3) Reestablishing or repairing a turf area; and

  (3) Be labeled for use as a de-icer.

(b) An enhanced-efficiency fertilizer labeled for use on turf, when applied in accordance with the instructions on the container, may not:

  (1) Result in an annual application of more than 2.5 pounds per 1,000 square feet of total nitrogen;

  (2) Result in an application of more than 80% of the annual recommended rate for total nitrogen established by the University of Maryland; or

  (3) Have a release rate of more than 0.7 pounds per 1,000 square feet of total nitrogen per month.

(c) Except as provided in subsections (d) and (e) of this section, a person may not offer to sell specialty fertilizer for use on turf that, when applied in accordance with the instructions on the container:

  (1) Results in an application of:

    (i) More than 0.7 pounds per 1,000 square feet of water-soluble nitrogen; or

    (ii) More than 0.9 pounds per 1,000 square feet of total nitrogen, at least 20% of which shall consist of slow-release nitrogen; and

  (2) Contains phosphorus and is intended for use on turf unless the intended use of the fertilizer is:

    (i) For application to specific soils and turf as determined to be necessary pursuant to a soil test conducted by a laboratory identified in Sec. 8-803.7 of this article and performed no more than 3 years before the application, provided the application complies with recommended application rates established by the University of Maryland;

    (ii) For the establishment of turf for the first time, such as after land disturbance, provided the application complies with recommended application rates established by the University of Maryland; or

    (iii) For the reestablishment or repair of a turf area.

(d) A person may offer to sell an organic or natural organic fertilizer containing phosphorus to a professional fertilizer applicator.

(e) A person may not offer to sell enhanced-efficiency fertilizer for use on turf that:

  (1) Results in an annual application of more than 2.5 pounds per 1,000 square feet of total nitrogen;

  (2) Results in an application of more than 80% of the annual recommended rate for total nitrogen established by the University of Maryland; or

  (3) Has a release rate of more than 0.7 pounds per 1,000 square feet of total nitrogen per month.

(f) A person may not offer to sell a commercial or specialty fertilizer product for use as a de-icer.

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Md. Code Ann., Agric. (as displayed at mgaleg.maryland.gov, October 16, 2026)