These definitions of identity apply to any commercial fertilizer offered or sold in Maryland. They have been adopted giving due regard to commonly accepted definitions issued by the Association of American Plant Food Control Officials, Inc. A commercial fertilizer which is represented to contain fertilizer material, such as provided in these regulations, may be held misbranded if it does not conform to these terms or identity standards. The following terms have the meanings indicated. Terms Defined. “Acid-forming fertilizer” means a fertilizer capable of increasing the residual acidity of soil. “Chelate” means the type of compound or chemical union in which a central metal (cation or anion) is joined to a chelating agent in the same molecule by two or more bonds. These linkages result in the formation of one or more heterocyclic rings in which the metal is part of the ring. “Chelated plant nutrients” means compounds of metallic secondary and micro plant nutrients with organic chelating agents which have the property of being available under pH conditions in which the nutrients normally form insoluble compounds. “Chelating agent (sequestering agent)” means a compound having two or more sites of attachment to a metal (cation or anion) to form a chelate. Examples are EDTA (ethylenediaminetetraacetic acid), NTA (nitrilotriacetic acid), polyphosphoric acid, proteins and polyflavanoids. “Coated slow release fertilizer” means a fertilizer containing sources of water soluble nutrients, whose release is controlled by a coating applied to the fertilizer. “Filler” means a substance added to fertilizer materials to provide bulk, prevent caking, or serve some purpose other than providing essential plant nutrients. “Granular fertilizer” means a fertilizer in which 95 percent or more of the product is retained on a series of sieves within the range of 8 mesh (2.38 mm. opening) to 20 mesh (0.841 mm. opening), and in which the largest particle passes through a sieve having an opening not larger than four times that of the sieve which would retain 95 percent or more of the product. “Liquid fertilizer” means a fluid in which plant nutrients are in a true solution. “Lot” means, for purposes of obtaining an official sample, an identifiable quantity of commercial fertilizer that can be sampled, up to and including a freight car load or 50 tons maximum, or that amount contained in a single vehicle, or that amount delivered under a single invoice. “Manipulation” means the processing or treating of a substance in any manner, including drying to a moisture content of less than 30 percent. “Natural organic fertilizer” means a fertilizer derived from either plant or animal products containing one or more elements (other than carbon, hydrogen, and oxygen) which are essential for plant growth. These materials may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic or aerobic bacterial action, or any combination of these. These materials may not be mixed with synthetic materials, or changed in any physical or chemical manner from their initial state except by physical manipulation such as drying, cooking, chopping, grinding, shredding or pelleting. “Nitrophosphate” means a product obtained by acidulation of phosphate rock with nitric acid. The complex mixture of nitrates and phosphate thus obtained does not contain nitrate nitrogen and phosphorus in the same molecule. The process is subject to modification designed to remove the hygroscopic calcium nitrate formed. These modifications include ammoniation, physical separation, co-acidulation with sulfuric or phosphoric acids, or subsequent treatment with carbon dioxide. “Nonacid-forming fertilizer” means a fertilizer not capable of increasing the residual acidity of the soil. “Organic fertilizer” means a material containing carbon and one or more elements other than hydrogen and oxygen essential for plant growth. “Overall index value” means the value obtained from the calculation: (Commercial Value Found) 100/(Commercial Value Guaranteed) using assigned values for N, APA, and soluble K2O, such as $3, $2, and $1 per unit. “Pelletized fertilizer” means a product, uniform in size and usually of globular shape, containing one or more nutrients produced by one of several methods including: Solidification of a melt while falling through a counter-current stream of air; Dried layers of slurry applied to recycling particles; Compaction; Extrusion; Granulation. “Primary nutrients” means nutrients that include the following plant food: Nitrogen (N); Available phosphoric acid (P2O5); and Potash (K2O). “Secondary and micro plant nutrients” means nutrients other than the primary nutrients that are essential for the normal growth of plants and that may need to be added to the growth medium. Secondary plant nutrients shall include boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc. “Slurry fertilizer” means a fluid mixture containing dissolved and undissolved plant nutrient materials which requires continuous mechanical agitation to assure homogeneity. “Suspension fertilizer” means a fluid containing dissolved and undissolved plant nutrients. The suspension of the undissolved plant nutrients may be inherent with the materials or produced with the aid of a suspending agent of non-fertilizer properties. Mechanical agitation may be necessary in some cases to facilitate uniform suspension of undissolved plant nutrients. “Synthetic” means any substance generated from another material or materials by means of a chemical reaction. “Unit” means 20 pounds of plant food or 1 percent of a ton. Manganese Products.(Mn). “Manganese sulfate” means, when applied to an ingredient of a mixed fertilizer, anhydrous manganese sulfate (MnSO4). Nitrogen Products (N). “Acidulated fish tankage, acidulated fish scrap” means the rendered product derived from fish and treated with sulfuric acid. “Activated sewage products” means those products made from sewage freed from grit and coarse solids and aerated after being inoculated with microorganisms. The resulting flocculated organic matter is withdrawn from the tanks, filtered with or without the aid of coagulants, dried, ground, and screened. “Ammoniated superphosphate” means a product obtained when superphosphate is treated with ammonia or with solutions which contain ammonia or other compounds of nitrogen. The guaranteed percentages of nitrogen and of available phosphoric acid shall be stated as part of the name. “Ammonium nitrate” means a substance, chiefly the ammonium salt of nitric acid. It shall contain not less than 33 percent of nitrogen, 1/2 of which is in the ammonium form and 1/2 in the nitrate form. “Ammonium sulfate nitrate” means a double salt of ammonium sulfate and ammonium nitrate which are present in equal molecular proportions. It shall contain not less than 26 percent nitrogen, 1/4 of which is in nitrate form and 3/4 in the ammonium form. “Bat guano” means partially decomposed bat manure. “Calcium nitrate” means a substance, chiefly the calcium salt of nitric acid. It shall contain not less than 15 percent nitrate nitrogen. “Crude, inert, or slow-acting nitrogenous materials” means unprocessed organic substances relatively high in nitrogen but having a very low value as plant food and showing a low activity by both the alkaline and neutral permanganate methods, below 50 percent and 80 percent respectively. “Cyanamid” means a commercial product consisting principally of calcium cyanamid (CaNCN) and carbon and it shall contain not less than 19.5 percent nitrogen. “Dried blood” means collected blood of slaughtered animals, dried and ground, and containing not less than 12 percent nitrogen. “Dried, pulverized, shredded, composted, or otherwise processed, manipulated, or treated animal manures” means a manure containing no more organic bedding materials, or other materials, than is necessary to follow good dairy barn, poultry house, etc., practice in order to maintain proper sanitary conditions, to conserve plant food elements in excreta, and to absorb adequately the liquid portion. “Fish tankage, fish scrap, dry ground fish, fish meal fertilizer grade” means the dried ground product derived from rendered or unrendered fish. “Garbage tankage” means the rendered, dried, and ground product from waste household food products. “Hoof and horn meal” means processed dried, ground hoofs and horns. “Isobutylene Diurea (IBDU)” means a condensation product of isobutyraldehyde and urea having a minimum total nitrogen content of 31 percent. It is a source of slowly available nitrogen by virtue of particle size, solubility decreasing with increase in partical size. Material conforming to the description of a “granular fertilizer” will have 90 percent of its nitrogen content in the water-insoluble form before grinding. “Nitrate of potash (potassium nitrate)” means a substance, chiefly the potassium salt of nitric acid. It shall contain not less than 12 percent of nitrogen and 44 percent of potash. “Nitrate of soda (sodium nitrate)” means a substance, chiefly the sodium salt of nitric acid. It shall contain not less than 16 percent nitrate nitrogen and 26 percent sodium. “Nitrate of soda and potash (sodium and potassium nitrate)” means a substance, chiefly the sodium and potassium salts of nitric acid. It shall contain not less that 15 percent of nitrate nitrogen, 1 percent of potash, and 18 percent of sodium. “Peat” means partly decayed vegetable matter of natural occurrence. It is chiefly composed of organic matter that contains some nitrogen of low activity. “Process tankage” means a product made under steam pressure from crude inert nitrogenous materials, with or without the use of acids, for the purpose of increasing the activity of nitrogen. These products shall be called process tankage with or without further qualification. The water-insoluble nitrogen in these products shall test at least 50 percent active by the alkaline, or 80 percent by the neutral permanganate method. “Sheep manure-wool waste” means the by-product from wool-carding establishments consisting chiefly of sheep manure, seeds, and wool fiber. “Sulfur Coated Urea (SCU)” means a coated slow release fertilizer consisting of urea particles coated with sulfur. The product is usually further coated with a sealant (2 percent to 3 percent of total weight) and a conditioner (2 percent to 3 percent of total weight). It typically contains about 30 percent to 40 percent nitrogen and about 10 percent to 30 percent sulfur. “Sulfate of ammonia (ammonium sulfate)” means a substance, chiefly the ammonium salt of sulfuric acid. It shall contain not less than 20.5 percent of nitrogen. “Tankage (without qualification)” means the rendered, dried, ground by-product, largely meat and bone from animals (slaughtered or that have died otherwise). “Urea” means the commercial synthetic acid amide of carbonic acid which contains not less than 45 percent nitrogen. “Urea-form fertilizer materials” means reaction products of urea and formaldehyde containing at least 35 percent nitrogen largely in insoluble but slowly available form. The water-insoluble content shall be at least 60 percent of the total nitrogen. The water-insoluble nitrogen in these products shall have an activity of not less than 40 percent. “Urea-formaldehyde products” means a product containing not less than 35 percent total nitrogen. Phosphorus Products (P). “Acidulated bone” means a ground bone or bone meal that has been treated with sulfuric acid. “Ammoniated superphosphate” means a product obtained when superphosphate is treated with ammonia or with solutions which contain ammonia and other compounds of nitrogen. The guaranteed percentages of nitrogen and of available phosphoric acid shall be stated as part of the name. “Ammonium phosphate (fertilizer grade)” means a product obtained when phosphoric acid is treated with ammonia, and consists principally of monoammonium phosphate or a mixture of these two salts. The guaranteed percentage of nitrogen and of available phosphoric acid shall be stated as part of the name. “Ammonium phosphate-sulfate” (fertilizer grade) means a product obtained when a mixture of phosphoric acid and sulfuric acid is treated with ammonia. It consists principally of a mixture of ammonium phosphate and ammonium sulfate. The guaranteed percentages of nitrogen and of available phosphoric acid shall be stated as a part of the name. “Available phosphoric acid” means the sum of the water-soluble and the citrate-soluble phosphoric acid. “Basic lime phosphate (lime-based superphosphate)” means a superphosphate to which liming materials have been added in a quantity at least 6 percent calcium carbonate equivalent in excess of the quantity required to convert all water-insoluble phosphate to the citrate-soluble form. “Basic phosphate slag” means a by-product obtained in the manufacture of steel from phosphatic iron ores. The product shall contain no admixture of materials other than those resulting from the original process of manufacture. It shall contain not less than 12 percent of total phosphoric acid, of which at least 80 percent shall be available phosphoric acid. It shall be ground so that not less than 70 percent of the material passes through a U.S. Standard No. 100 sieve and 90 percent passes through a U.S. Standard No. 50 sieve. Any basic phosphoric slag not conforming to this definition shall be designated low phosphate. “Calcined phosphate” means a phosphate rock which has been heated, with or without one or more catalysts or reagents, sufficient to volatize and remove most or all organic, carbonate, fluoride, and other impurities, or thermally altered to more available phosphate compounds, or both, depending on the process. A significant portion of the phosphorus is citrate soluble and the percentage shall be stated as part of the brand name. Include are products known as fused tricalcium phosphate, defluorinated phosphate, rhenania phosphate, and various trade names. “Calcium metaphosphate” means a vitreous product substantially free from crystalline phosphates, resulting from the treatment of phosphate rock with gaseous phosphorus pentoxide at high temperatures. The guaranteed percentage of available phosphoric acid shall be stated as part of the name. “Citrate-soluble phosphoric acid” means that part of the total phosphoric acid in a fertilizer that is insoluble in water but soluble in a solution of citrate of ammonia. “Dicalcium phosphate” means a manufactured product consisting chiefly of dicalcic salt of phosphoric acid. “Ground raw bone” means ground animal bones that have not previously been steamed under pressure. “Ground steamed bone” means ground animal bones that have been previously steamed under pressure. “Phosphate rock” means a natural rock containing one or more calcium phosphate minerals of sufficient purity and quantity to permit its use, either directly or after concentration, in the manufacture of commercial products. “Phosphoric acid” means phosphorus pentoxide (P2O5). “Polyphosphates” means a general term pertaining to salts of any of a series of polyphosphoric acids, whose molecular structure contain two or more phosphorus atoms linked by oxygen. Solutions may contain several species such as orthophosphates, pyrophosphates, and polyphosphates containing three or more phosphorus atoms, commonly known as tripolyphosphates or tetrapolyphosphates and water. “Precipitated phosphate” means a product consisting mainly of dicalcium phosphate obtained by neutralizing with calcium hydroxide the acid solution of either phosphate rock or processed bone. “Soft phosphate with colloidal clay” means a very finely divided low-analysis by-product from mining Florida rock phosphate by a hydraulic process in which the colloidal materials settle at points in artificial ponds and basins farthest from the washer, and are later removed after the natural evaporation of the water. “Superphosphate” means a product obtained when rock phosphate is treated with either sulfuric acid, phosphoric acid, or a mixture of those acids. The guaranteed percentage of available phosphoric acid shall be stated as a part of the name. “Superphosphoric acid” means the acid form of polyphosphates, consisting of a mixture of orthophosphoric and polyphosphoric acids. Species distribution varies with concentration, typically 68 percent to 83 percent P2O5. Potassium Products (K). “Double sulfate of potash and magnesia (Langbeinite)” means a commercial product containing not less than 21 percent of soluble potash (K2O), or less than 53 percent of sulfate of magnesia and not more than 2.5 percent of chlorine. “Kainit” means a potash salt containing potassium and sodium chlorides and sometimes sulfate of magnesia with not less than 12 percent of soluble potash (K2O). “Mine run potash salts” means potash salts containing a high percentage of chloride and from 20 percent to 30 percent of soluble potash (K2O). “Muriate of potash (commercial potassium chloride)” means a potash salt containing 48 percent to 62 percent of soluble potash (K2O) chiefly as chloride. “Nitrate of potash (potassium nitrate)” means a substance, chiefly the potassium salt of nitric acid. It shall contain not less than 12 percent of nitrogen and 44 percent of soluble potash. “Nitrate of soda and potash (sodium and potassium nitrate)” means a substance, chiefly the sodium and potassium salts of nitric acid. It shall contain not less than 15 percent of nitrate nitrogen, 10 percent of soluble potash, and 18 percent of sodium. “Potash” means potassium oxide (K2O). “Soluble potash” means that portion of the potash contained in fertilizer or fertilizer materials which is soluble in an aqueous ammoniacal solution of 0.8 percent ammonium oxalate, after boiling in a 1.14 percent solution of ammonium oxalate. “Sulfate of potash (commercial potassium sulfate)” means a potash salt containing not less than 48 percent of soluble potash (K2O) chiefly as sulfate, and not more than 2.5 percent of chlorine. “Sulfate of potash-magnesia” means a potash salt containing not less than 25 percent soluble potash (K2O), or less than 25 percent of sulfate of magnesia, and not more than 2.5 percent of chlorine. Agriculture Article, §6-203, Annotated Code of Maryland Effective date: May 24, 1982 (9:10 Md. R. 1023) Effective date: June 27, 1988 (15:13 Md. R. 1558) Chapter repealed effective August 2, 2004 (31:15 Md. R. 1186) In this chapter, the following terms have the meanings indicated. Terms Defined. “Agricultural land” means land used for the production of crops or for raising livestock. “Brand” means the term, design, trademark, or other specific designation under which a commercial fertilizer or soil conditioner is distributed in the State. Commercial Fertilizer. “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, or gypsum. “Commercial fertilizer” includes a fertilizer-pesticide or a specialty fertilizer as defined by this chapter. The definitions of identity for a commercial fertilizer are provided in COMAR 15.18.01. “Custom-mix” means any commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by the purchaser. “Department” means the Maryland Department of Agriculture. “Distribute” means to import, manufacture, produce, compound, mix, blend, barter, sell, offer for sale, consign, furnish, provide, or otherwise supply a commercial fertilizer or soil conditioner as part of a commercial enterprise. “Grade” means the percentage of total nitrogen (N), available phosphoric acid or phosphate (P2O5), and soluble potash (K2O) stated in whole numbers in the same terms, order, and percentages as in the “guaranteed analysis”. Any “specialty fertilizer” or “mixed-to-order fertilizer” guarantee may be stated in decimal fractions of whole numbers. “Guaranteed analysis” means the minimum percentage of plant nutrients claimed as follows: Total nitrogen (N), available phosphate (P2O5), soluble potash (K2O); For unacidulated mineral phosphatic materials and basic slag, both total and available phosphate and the degree of fineness; For bone, tankage, and other organic phosphatic materials, total phosphate; Additional plant nutrients, when claimed, are to be expressed in elemental form; and Potential basicity or acidity may be expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton. “Industrial sludge” means the accumulated semiliquid suspension, settled, or dried residue of solids deposited as a by-product of an industrial, agricultural, or manufacturing process that is claimed to have value in promoting plant growth, or in producing a physical or chemical change in the soil. “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. “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. “Lot” means a definite quantity of commercial fertilizer or soil conditioner, identified by name, grade, or code designation as certified by the Secretary. “Microorganism” means organisms of microscopic size intended for use as a nitrogen-fixation agent which are claimed to have value in promoting plant growth. “Origin” means the original physical source of the product or nutrient. “Percent” or “percentage” means percentage by weight. “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity unless otherwise provided. “Primary plant nutrient” means a plant food that is essential for normal plant growth and includes nitrogen (N), available phosphate (P2O5), and potash (K2O). “Registrant” means any person who registers a commercial fertilizer or soil conditioner, pursuant to the provisions of this chapter. Secondary and Micro Plant Nutrients. “Secondary and micro plant nutrients” means nutrients, other than the primary nutrients, that are essential for normal growth of plants. “Secondary plant nutrients” include calcium (Ca), magnesium (Mg), and sulfur (S). “Micronutrients” include boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na), and zinc (Zn). “Secretary” means the Secretary of Agriculture or the Secretary's designee. Soil Conditioner. “Soil conditioner” means any substance or mixture of substances, except a commercial fertilizer, unmanipulated animal and vegetable manures, agricultural liming material, or gypsum, intended for sale, offered for sale, or sold for: Manurial, soil enriching, or soil corrective purposes; Promoting or stimulating the growth of plants; Increasing the productivity of plants; Improving the quality of crops; or Producing any chemical or physical change in the soil. “Soil conditioner” includes, but is not limited to, microorganisms and materials such as compost, peat, vermiculite, perlite, or digestate produced by anaerobic digestion that are incorporated into the soil. “Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home garden, lawn, shrubbery, flowers, golf course, municipal park, cemetery, greenhouse, or nursery, and may include a fertilizer used for any research or experimental purpose. Registration. 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. 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. An applicant for registration shall submit to the Department the following: A completed registration application provided by the Department; A copy of the product label and, if requested by the Secretary, other labeling describing the product; and The registration fee of: $15 for each brand and grade registered in bulk or in a package of more than 10 pounds, or $30 for each brand and grade registered in a package of 10 pounds or less. The following are exempt from registration under this chapter: Unmanipulated animal and vegetable manure; Custom-mix fertilizer product; or Fertilizer product whose nutrient content is derived solely from sewage sludge, as regulated by COMAR 26.04.06. Registration Renewal. 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. An applicant for registration renewal shall submit to the Department the following: A completed registration renewal application on a form provided by the Department; A copy of the product label and any other printed materials describing the product, if: The label has been altered or changed since the product label was last approved, or 5 years have passed since the product label was last submitted to the Department; and The registration fee of: $15 for each brand and grade registered in bulk or in a package of more than 10 pounds, or $30 for each brand and grade registered in a package of 10 pounds or less. Registration of Commercial Fertilizer. 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: Package size and net weight; Brand and grade under which the commercial fertilizer is distributed; Guaranteed analysis showing the minimum percentage of plant nutrients claimed, as follows: Total nitrogen (N) ___ percent, Available phosphate (P2O5) ____ percent, Soluble potash (K2O) ____ percent, and Other plant nutrients ____ percent; Manufacturer's or registrant's telephone number and principal mailing address, including the street, city, state, and zip code; and Any other information the department requires. 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: Package size and net weight; Brand and grade under which the fertilizer-pesticide is distributed; Guaranteed analysis showing the minimum percentage of plant nutrients claimed, as follows: Total nitrogen (N) ____ percent, Available phosphate (P2O5) ____ percent, Soluble potash (K2O) ____ percent, and Other plant nutrients ____ percent; Pesticide active ingredient or ingredients, and guarantees; U.S. Environmental Protection Agency pesticide product registration number; Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and Any other information the Department requires. Registration of Soil Conditioner. A registrant of a soil conditioner shall provide the Department with the following information: Net weight or other measure approved by the Secretary; Brand; Accurate statement of the composition of the soil conditioner, and its intended use; Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and Any other information the Department requires. 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: Brand; Guaranteed analysis showing the type of bacteria, including genus and species, and the minimum number of viable bacteria per gram of product; Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and Any other information the Department requires. Registration of Industrial Sludge as a Fertilizer or Soil Conditioner. 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. Industrial Sludge Testing. 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. A registrant shall submit test results to the Department every 6 months after registration, or at intervals required by the Department. 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: Uses chlorine or chlorine derivative processes; and Contains a controlled hazardous substance as defined by COMAR 26.13.01.03. 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. 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. Registration of Guarantees of Phosphates. 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. An applicant for registration of a commercial fertilizer containing bone, tankage, or other organic phosphatic materials may guarantee the total phosphate (P2O5). Registration of Guarantees other than Nitrogen, Phosphate, and Potash. 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. The applicant shall state on the application the sources of nutrients other than nitrogen, phosphate, and potash. 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. Registration of Secondary Plant Nutrient or Micronutrient. 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. Any secondary plant nutrient or micronutrient claimed by the registrant shall be guaranteed: On an elemental basis; In the following order and at or above the minimum percentages accepted for registration, as listed in the following table: 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. Commercial Fertilizer Label. Each brand and grade of commercial fertilizer, except a custom-mix fertilizer, distributed in the State shall be accompanied by a conspicuous and legible label, or by a printed statement if the fertilizer is distributed in bulk, having the following information: Net weight; Brand and grade under which the commercial fertilizer is distributed; Guaranteed analysis showing the minimum percentage of every plant nutrient claimed to be contained in the fertilizer, as follows: Total nitrogen (N) __ percent, Available phosphate (P2O5) __ percent, Soluble potash (K2O) __ percent; Guarantees of secondary plant nutrients or micronutrients as provided in Regulation .02I of this chapter; Any other guarantee as provided in Regulation .02G—J of this chapter; Manufacturer's or registrant's name and address, including street address, city, state, and zip code; and Lot number, if available. Soil Conditioner Label. Each brand and grade of soil conditioner distributed in the State shall be accompanied by a conspicuous and legible label, or by a printed statement if the soil conditioner is distributed in bulk, having the following information: Net content; Brand; Composition; Any other guarantee as provided in Regulation .02G—J of this chapter; and Manufacturer's or registrant's name and address, including street address, city, state, and zip code. Microorganism Label. Each brand and grade of microorganism registered as a soil conditioner or commercial fertilizer shall be accompanied by a legible label having the following information: Brand; Guaranteed analysis showing the type of bacteria, including genus and species, and the minimum number of viable bacteria per gram of product; Guarantee of a secondary plant nutrient as provided in Regulation .02J of this chapter; Any other guarantees provided in Regulation .02H and I of this chapter; Manufacturer's or registrant's name and address, including street address, city, state, and zip code; and Lot number, if available. Fertilizer-Pesticide Label. Each brand and grade of fertilizer-pesticide distributed as a commercial fertilizer in the State shall be accompanied by a conspicuous and legible label, or by a printed statement if the fertilizer-pesticide product is distributed in bulk, having the following information: Net weight; Brand and grade; Guaranteed analysis showing the minimum percentage of each plant nutrient claimed to be contained in the fertilizer, as follows: Total nitrogen (N) __ percent, Available phosphate (P2O5) __ percent, Soluble potash (K2O) __ percent; Pesticide active ingredient or ingredients and guarantee or guarantees; U.S. Environmental Protection Agency pesticide product registration number; Lot number; and Manufacturer's or registrant's name and address, including city, state, and zip code. Placement of Label on Package. A registrant shall place at the following location on the product package the label of each commercial fertilizer or soil conditioner: On tags affixed to the end of the package; or Directly on the package, and for a bag containing 50 pounds or more of the product, the grade shall be legible and placed on the face of the package. Additional Requirement for Specialty Fertilizer Label. Each brand and grade of specialty fertilizer distributed in the State shall be accompanied by a legible label placed on either the face of the container or on the upper 1/3 side of the container. A specialty fertilizer label shall include information required for commercial fertilizer labels provided by Regulation .03A of this chapter. Requirements for Custom-Mix Fertilizer Label. Each lot of fertilizer mixed or blended according to a formula furnished by the purchaser shall be marked plainly or tagged with the words “custom-mix”, “buyer's mixture”, or “mixed-to-order”, and shall be accompanied by a shipping statement or label having the following information: Net weight; Guaranteed analysis showing the minimum percentage of each plant nutrient claimed to be contained in the fertilizer; and Manufacturer's name and address, including street address, city, state, and zip code. The Department may require a registrant to prove any claim made about any fertilizer or soil conditioner. Any research supporting a claim by a registrant shall be done by a commonly recognized institution or organization approved by the Department. A registrant shall keep complete records on the distribution of each lot of commercial fertilizer or soil conditioner, and shall make these records available to the Department upon request. A registrant shall keep records for 2 years after a commercial fertilizer or soil conditioner lot is distributed. A registrant's records shall have the following information: Source of the commercial fertilizer or soil conditioner lot, or, if unknown, a statement so indicating; Manufacturer or supplier's name, address, and telephone number; and Lot numbers, quantities, dates of production or delivery, and available bar code information. Statement Required. The registrant of each commercial fertilizer or soil conditioner shall submit to the Department: A semiannual statement of the tonnage of each grade of commercial fertilizer or soil conditioner distributed in the State; and An inspection fee of 25 cents for each ton distributed, except a fertilizer or soil conditioner product distributed in a package of 10 pounds or less. This statement and inspection fee shall include each sale for the periods of January 1 through June 30 or July 1 through December 31 of each year. Failure to File Statement or Pay Fee. If a registrant does not file a tonnage report and the inspection fee 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 constitutes a debt and may become the basis of a judgment against the registrant. Monthly Report of Sales and Distribution to Nonregistrant. Each registrant distributing or selling a commercial fertilizer to a nonregistrant shall mail to the Department, within 10 days, excluding legal holidays and Sundays, after the last day of each month a statement showing the following information for that month: The total tons of commercial fertilizer distributed, by grades and analyses; The counties where the commercial fertilizer was distributed; and 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 the commercial fertilizer, the last registrant who distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting tonnage, unless a prior registrant has reported the tonnage distributed. Reporting. The registrant of each commercial fertilizer and specialty fertilizer shall report to the Department on the amount of fertilizer sold and distributed each fiscal year beginning July 1st of a calendar year and ending on June 30th of the next calendar year, within 31 days after the end of this reporting period, for nonfarm use by grades and analysis to the following identified sectors: Lawn and turf; Golf course and athletic fields; Gardening, including but not limited to landscaped areas such as vegetable and flower gardens, shrubs and trees, containers, water gardens, potting/planting soil with fertilizer; and Greenhouses and nurseries. Instead of filing an annual report as required by this section, a registrant may file a monthly report of sales information along with the tonnage report as required by this regulation. If more than one person is involved in the sale and distribution of the commercial fertilizer and specialty fertilizer, the last registrant who sells or distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting, unless a prior registrant has reported, as required by this regulation. The Secretary may sample without charge any commercial fertilizer or soil conditioner to determine if it complies with the requirements of the Maryland Commercial Fertilizer Law, Agriculture Article, §§6-201—6-221, Annotated Code of Maryland. A sample of not less than 1 pound of a commercial fertilizer or soil conditioner shall be taken by the Secretary from containers, as follows: For a lot of five to ten containers a sample shall be taken from all containers; For a lot of more than ten containers a sample shall be taken from only ten containers. Ten core samples shall be taken by the Secretary from each bulk lot. Each sample shall be taken from original unbroken bags or containers when the contents have not been damaged by exposure, water, or other conditions. A homogeneous sample, as determined by the Secretary, may be taken from a liquid or fluid lot of commercial fertilizer. A fertilizer is deficient in, or contains an excess of, one or more of its guaranteed nutrients if it contains less than, or more than, the allowances established in §B of this regulation, and is subject to a penalty as provided in Regulation .09 of this chapter. Tolerance Table. A commercial fertilizer's primary nutrients are out of tolerance if the analysis of any fertilizer nutrient exceeds or falls below the guarantee by more than the following values: A commercial fertilizer's secondary nutrient or micronutrient is out of tolerance if the analysis of any nutrient is above or below the guarantee as described in the following table: A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is subject to a stop-sale or penalty. The penalties in §§B—D of this regulation apply to a manufacturer or registrant for any deficiency or excess of a nutrient that the manufacturer or registrant is required to or may guarantee. Primary Plant Nutrient. Violation. A manufacturer or registrant violates this chapter by distributing any commercial fertilizer that does not fall within the range of tolerances for a primary plant nutrient provided by the Tolerance Table in Regulation .08B(1) of this chapter. Penalty. For a violation of this section, a manufacturer or registrant is subject to a fine three times the commercial value, as published annually by the Secretary, of the nutrient deficiency in any lot analyzed. Secondary Plant Nutrient or Micronutrient Deficiency or Excess. Calcium Carbonate. Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer in which the basicity or acidity as equivalent of calcium carbonate differs more than 5 percent or 100 pounds of calcium carbonate equivalent per ton from the manufacturer's or registrant's guarantee. Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of 50 cents per ton for each 50 pounds calcium carbonate equivalent that varies from the guarantee. Chloride. Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if it is labeled or branded for use on tobacco, and the chloride content exceeds the maximum amount guaranteed by more than 0.5 of 1 percent. Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty equal to 10 percent of the value of the fertilizer for each 0.5 of 1 percent of excess, or fraction of it. Total Magnesium. Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if its magnesium content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed. Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.15 of 1 percent additional deficiency, or fraction of it. Total Calcium. Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if its calcium content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed. Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.35 of 1 percent additional deficiency, or fraction of it. Sulfur. Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer, including a mixed fertilizer branded for tobacco, if its sulfur content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed. Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.5 of 1 percent deficiency, or fraction of it. Other Secondary Plant Nutrient or Micronutrient Deficiency or Excess. Violation. A manufacturer or registrant violates this chapter by distributing a commercial fertilizer that contains any other secondary plant nutrient or micronutrient not listed in this regulation that does not fall within the range of tolerances provided by the Tolerance Table in Regulation .08B(2) of this chapter. Penalty. For a violation of this chapter, a manufacturer or registrant is subject to a penalty of $5 for each secondary plant nutrient or micronutrient deficiency or excess up to a maximum of $10 a ton. Stop-Sale Order. A written stop-sale order may be issued by the Secretary for any commercial fertilizer or soil conditioner lot that the Secretary finds is in violation of the Maryland Commercial Fertilizer Law, Agriculture Article, §§6-201—6-221, Annotated Code of Maryland, or this chapter, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, plants, or the environment. A commercial fertilizer that contains an ingredient that is outside the allowable tolerance listed in Regulation .08 of this chapter, or that differs from the identity standards for commercial fertilizer as provided in COMAR 15.18.01, is subject to a stop-sale order. Absence of Lot Number. If the Secretary suspects that a lot is in violation of this chapter or the Maryland Commercial Fertilizer Law, Agriculture Article, §§6-201—6-221, Annotated Code of Maryland, and if the lot is not numbered according to this chapter, the entire affected inventory may be placed under a stop-sale order by the Secretary. Written Release. If a commercial fertilizer or soil conditioner lot is under a written stop-sale order, the registrant shall remove it from the registrant's sales area and the lot may not be moved until released in writing by the Secretary. Stop-Sale Notice To All Outlets and Distributors. A registrant shall notify all affected outlets and distributors of any stop-sale order placed by the Secretary on any lot of commercial fertilizer or soil conditioner. The Secretary may refuse to register or may revoke any registration for a commercial fertilizer or soil conditioner that does not comply with the requirements of this chapter or with the requirements of the Maryland Commercial Fertilizer Law, Agriculture Article, §§6-201—6-221, Annotated Code of Maryland. A person whose registration is refused or revoked, or who is subject to any penalty provided by this chapter, shall be given an opportunity for a hearing by the Secretary before any denial, revocation, or penalty is final. Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011 Effective date: August 1, 1994 (21:15 Md. R. 1307) Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131) Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799) In this chapter, the following terms have the meanings indicated. Terms Defined. “Agricultural land” means land cultivated for the production of crops or used for raising livestock. “Agricultural operation” means any farming operation devoted to the production for sale of crops or animals, including, but not limited to, fruits, vegetables, meat, poultry and dairy products, nuts, tobacco, aquaculture, nursery and floral products, and trees. “Brand” means the term, design, trademark, or other specific designation under which a compost product is distributed in the State. “Certified operator” means an owner, operator, or employee of a composting facility who is certified by the Secretary under this chapter. “Compost” means a stabilized organic product produced by the controlled aerobic decomposition process in such a manner that the product may be handled, stored, and applied to the land or used as a soil conditioner in an environmentally acceptable manner without adversely affecting plant growth. “Compostable” means any biological material capable of being aerobically decomposed into compost. “Composting” is the aerobic degradation of organic matter to make compost. “Composting facility” means a facility where solid waste or organic material is processed using composting technology, including: Physical turning; Windrowing; and Aeration or other mechanical handling of organic matter. “Department” means the Maryland Department of Agriculture. “Distribute” means to import, manufacture, produce, compound, mix, blend, barter, sell, offer for sale, consign, furnish, provide, or otherwise supply compost as part of a commercial enterprise. “Industrial sludge” means the accumulated semiliquid suspension, settled, or dried residue of solids deposited as a by-product of an industrial process and which is claimed to have value in promoting plant growth or improving the soil. “Label” means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a compost product. “Labeling” means all written, printed, or graphic matter on or accompanying any compost product or the contents of any advertisement, brochure, poster, or television or radio announcement used in promoting the sale of a compost product. “Lot” means a definite quantity of a compost product by name, classification, or code designation as registered by the Secretary for distribution. “Manure” means a solid waste composed of excreta of livestock, and residual materials that have been used for bedding, sanitary, or feeding purposes for animals. Marginal Land. “Marginal land” means land where the soil characteristics do not support normal vegetative growth over time. “Marginal land” includes, but is not limited to, land abandoned due to mineral extraction, strip mine areas, areas where topsoil has been removed, fill areas with poor soil characteristics, or landfills with poor topsoil. “Mulch” means any material or product, with at least 50 percent of its volume composed of particles 1/2 inch or larger in size, that is distributed for primary use on the soil surface or around plants as decoration or as a protective covering to reduce moisture loss, control weeds, prevent erosion, reduce temperature changes, or similar purposes relating to the soil. “Organic” means any natural biological substance of plant or animal origin that is capable of microbial degradation. “Origin” means the original physical source of the compostable material. “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity unless otherwise provided. “PFRP” means process to further reduce pathogens, as provided by COMAR 26.04.06. “Registrant” means a person who registers a compost product pursuant to the provisions of this chapter. “Secretary” means the Secretary of Agriculture or the Secretary’s designee. “Septage” means the liquid and solid material pumped or removed from chemical toilets, septic tanks, seepage pits, privies, cesspools, or holding tanks when the system is cleaned and maintained. “Sewage sludge” means the accumulated semiliquid suspension, settled solids, or dried residue of these solids that is deposited from sewage in a wastewater treatment plant, whether or not these solids have undergone treatment. Soil Conditioner. “Soil conditioner” means any substance or mixture of substances, except a commercial fertilizer, unmanipulated animal and vegetable manures, agricultural liming material, or gypsum, intended for sale, offered for sale, or sold for: Manurial, soil enriching, or soil corrective purposes; Promoting or stimulating the growth of plants; Increasing the productivity of plants; Improving the quality of crops; or Producing any chemical or physical change in the soil. “Soil conditioner” includes, but is not limited to, materials such as compost, peat, vermiculite, perlite, or digestate produced by anaerobic digestion that are incorporated into the soil. Solid Waste. “Solid waste” means any garbage, refuse, sludge, or liquid from industrial, commercial, mining, or agricultural operations or from community activities. “Solid waste” includes scrap tires and organic compostable materials, but does not include solid or dissolved material in domestic sewage or in irrigation return flows or compost as defined in this chapter. “Stabilized compost” means any compost that has ceased active biological decomposition, that is, the temperature of a 4-foot-high, 6-foot-diameter pile of compost may not rise more than 20°C above ambient temperature when the pile is left undisturbed for 72 hours at the composting facility. “Yard waste” means organic plant waste derived from gardening, landscaping, and tree trimming activities, and includes leaves, garden waste, lawn cuttings, weeds, and tree prunings. Registration. Except as provided by this regulation, a person shall register with the Department each brand or classification of compost before the compost is sold or distributed within the State. A person applying for registration shall submit the following information to the Department: A completed registration application form provided by the Department; A copy of the product label and any other labeling describing the product; and The registration fee of $15 for each brand or classification in bulk or in a package of more than 10 pounds, or $30 for each brand or product in a package of 10 pounds or less. The following compost products are not subject to registration or regulation under this chapter: Compost produced on a residential property by the owner or tenant for noncommercial use; Compost from normal farm operations, not for sale or distribution, for use only on an owner's farm or leased farm as a part of an agronomic, horticultural, or silvicultural operation; Compost produced by a government agency to be given without charge to a person or for use by that agency on land that the agency owns or manages; or Any product from solid waste that is composted merely to reduce the product's volume before disposal as a solid waste. Registration Renewal. By February 1 of each year, a registrant shall renew the registration with the Department for each brand or classification of compost distributed. A person shall apply for renewal of a registration by submitting the following information to the Department: A completed registration renewal application form provided by the Department; A copy of the product label, and any other printed materials describing the product, if the label has been altered or changed since the product was last registered, or if 5 years have passed since the product label was last submitted to the Department with the registration renewal application; and A registration fee of $15 for each compost brand or classification in bulk or in a package of more than 10 pounds, or $30 for each brand or product in a package of 10 pounds or less. Proof of Claim. The Department may require a registrant to provide proof of any claim made on the registration application, the product label or labeling, or any other claim. Each composting facility regulated by this chapter shall operate under the supervision of a certified operator. Certification. A person shall apply for certification as a composting facility operator by: Applying to the Department on a departmental form; and Demonstrating proof of practical and scientific knowledge of composting by passing a written examination given by the Department. Recertification. A person shall apply for renewal by: Applying to the Department; Demonstrating satisfactory knowledge of composting by attending during the period of certification at least one training course approved by the Department or by reexamination; and Complying with all other requirements of this chapter. A composting facility operator certificate is valid for 3 years beginning January 1, or whenever obtained, until December 31 of the third year of certification. Examination. Each applicant for certification shall pass a written examination given by the Department. The Department shall give the examination at least twice a year. The Department may provide either the required training or a list of study materials before any examination is given. To apply for the examination to be certified as a composting facility operator, an applicant shall file with the Department at least 15 days before any announced examination an application on the form the Department requires. A composting facility certified operator is responsible for complying with the requirements of this regulation when operating a composting facility. For a composting facility receiving only agricultural or yard waste the following is required: Stabilized compost, or any compost product to be distributed from the facility, shall be tested by the operator each quarter, or once every 20,000 tons of compost, whichever is more frequent, for each parameter listed in Table 1 of Regulation .11 of this chapter, using a method acceptable to the Department; If the compost test results are within the testing limits set forth in Regulation .05A of this chapter during the first year of operation, then the operator may test only once a year, provided the test results remain within the limits set forth in Regulation .05A of this chapter; An alternative testing schedule may be approved by the Secretary, provided the operator demonstrates that the alternative testing schedule will provide at least equivalent protection to the public and to the environment; The operator shall make test results available to the Department for inspection during the facility's normal hours of operation. For a composting facility receiving solid waste other than only agricultural or yard waste the following is required: The certified operator of a solid waste composting facility shall develop a quality assurance or quality control plan approved by the Department that describes monitoring, sampling, and analysis plans for testing the composting process and product to be distributed; The Department shall determine and the operator shall follow an appropriate monitoring and sampling schedule for the 15-month initial start-up period for any new facility; Using information gained during the start-up period, a monitoring and sampling schedule for ongoing operations shall be developed by the operator with the Department, based on statistical methods for quality assurance. Samples of compost to be distributed shall be obtained by the operator in accordance with a plan approved by the Department. Samples of the compost produced at the facility shall be analyzed by the operator for each parameter listed in Table 1 of Regulation .11 of this chapter using a method acceptable to the Department. Results of laboratory analysis for each parameter specified in Table 1 of Regulation .11 of this chapter shall be recorded by the operator and kept for 2 years at the facility and shall be available to the Department, upon request. The Department may decrease or increase the parameters to be analyzed, or the frequency of analysis, based on monitoring data, changes in the waste stream or processing, or the potential presence of toxic substances. The Secretary may conduct periodic sampling, without charge, and testing of any compost product to be distributed to determine if it complies with the requirements of this chapter. The Secretary may establish additional limits on any classification of compost or any specific product if it is found that the compost contains a chemical or physical component that can cause unreasonable adverse effects to humans, animals, plants, or the environment. A compost product is classified as a General Use, Limited Use, or Restricted Use compost as shown in §§B—D of this regulation. General Use Compost. General Use compost may not exceed the following specifications: A General Use compost: Shall pass through a 12mm (1/2 inch) screen; Shall be stabilized; May not have an objectionable odor; and May be distributed as a soil conditioner for use by the general public or for any use allowed by this chapter. Limited Use Compost. A Limited Use compost may not exceed the following specifications: A Limited Use compost: Shall pass through an 18mm (3/4 inch) screen; Shall be stabilized; May not have an objectionable odor; and May only be distributed for use by a commercial, agricultural, institutional, or governmental operation, or for restricted use as provided by this chapter. Restricted Use Compost: A Restricted Use compost may not exceed the indicated maximum level for any heavy metal or trace element, as follows: A Restricted Use compost: May not be a hazardous waste, as defined in COMAR 26.13.02.03; May not be stockpiled or disposed of unless authorized by the Maryland Department of the Environment; May not be distributed or sold to the general public; Is restricted to distribution for use as a final, intermediate, or alternate daily landfill cover, as provided by COMAR 26.04.07, or on marginal land or in land reclamation efforts if applied at rates not to exceed limits established in Table 2 of Regulation .12 of this chapter; and Includes any compost exceeding any parameter limit for Limited Use compost, as provided in Regulation .05C of this chapter, or any compost designated by the registrant as Restricted Use classification. A person who manufactures or distributes a package or container of compost subject to this chapter is responsible for labeling the package or container with the following information: Net weight or volume; Brand under which the compost is distributed; Classification of compost; Manufacturer's name and complete address; and Origin. A person who manufactures or distributes for bulk sale any compost subject to this chapter shall have a label or have labeling with information required in §A of this regulation. A manufacturer or distributor shall make any label or labeling information available to the Department, upon request. Each lot of bulk compost offered for sale or distribution by a person shall be identified by that person by a legible sign containing at least the following: Brand name; and Classification of compost. A person who manufactures a compost produced from materials containing an industrial sludge is responsible for labeling the product indicating the origin of the industrial sludge. A person who distributes a compost is responsible for the label or labeling or providing on a written invoice or shipping statement, if the compost is offered for bulk distribution, information indicating recommended uses, application rates, and use restrictions, if any, for the compost product, including information stating that: Compost classified as General Use may be used by the general public as a mulch, soil conditioner, or topsoil substitute; Compost classified as Limited Use is limited for use as follows: Only for use by a commercial, agricultural, institutional, or governmental operation, Only for use where contact by the general public is unlikely, On agricultural land when repeated applications occur to a site, the total amount of any heavy metal applied per acre per year to that site may not exceed 1/10 the maximum cumulative loading for that metal listed in Regulation .12 of this chapter, and The total amount of any heavy metal applied per acre cumulatively to a site may not exceed the maximum amount for that metal listed in Table 2 of Regulation .12 of this chapter; Compost classified as Restricted Use is restricted for use as follows: Only for use as a landfill cover, on marginal land or in land reclamation efforts, provided that the maximum total amount of each heavy metal that is applied does not exceed the cumulative loading limit for that metal as listed in Regulation .12 of this chapter, Only for use where there will be no contact by the general public with the compost, and Not for use by the general public. Tonnage Reporting Statement. The registrant of each compost product shall submit to the Department: A semiannual written statement of the tonnage for each brand or classification of compost distributed in this State; and Except as provided in §A(3) of this regulation, an inspection fee of 25 cents for each ton distributed. This statement and inspection fee shall include each sale for the periods of January 1 through June 30 and July 1 through December 31 of each year. Through September 30, 2022, if the registrant is a private entity, the registrant is exempt from submitting an inspection fee of 25 cents for each ton of commercial compost distributed in this State. Failure to File Statement or Pay Fee. If a registrant fails to file a tonnage report 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, may be assessed against the registrant. The amount of fees due constitute a debt and may become the basis of a judgment against the registrant. A registrant or facility operator who distributes compost shall maintain complete records for 2 years for each lot of compost distributed. Records shall have the following information: Source, type, and quantity of compostable received; Quantity and type of waste or compostable processed into compost; Quantity and classification of compost produced, by product classification; Quantity and classification of compost distributed, by product classification; and Analytical results of compost testing. A registrant who distributes in bulk a Limited Use or Restricted Use compost product for application to soil on a site where repeated use of any compost is expected to occur shall: Maintain for 10 years application records for each lot of compost product applied to that site; and Document cumulative loading of each heavy metal listed in Regulation .12 of this chapter applied to that site. The Department or a designee may examine records, and may inspect and sample without charge any compost or compost product of any producer or distributor to determine if the records or compost complies with the requirements of this chapter. A sample or lot found by the Department not to be in conformity with the regulations in this chapter or with the Maryland Commercial Fertilizer Law shall be subject to a penalty or a stop-sale order. The Department shall issue a written notice of the violation. The Department may inspect any load of compostable material or compost for hazardous or noncompostable material. The Secretary may refuse to register or may revoke any registration for a brand or classification of compost, or the certificate of a person, that does not comply with the requirements of this chapter or with the requirements of the Maryland Commercial Fertilizer Law. Parameter Unit A. pH Standard units B. Regulated trace metals or inorganic pollutants: (1) Arsenic (As) mg/kg dry wt. (2) Cadmium (Cd) mg/kg dry wt. (3) Chromium (Cr) mg/kg dry wt. (4) Copper (Cu) mg/kg dry wt. (5) Lead (Pb) mg/kg dry wt. (6) Mercury (Hg) mg/kg dry wt. (7) Molybdenum (Mo) mg/kg dry wt. (8) Nickel (Ni) mg/kg dry wt. (9) Selenium (Se) mg/kg dry wt. (10) Zinc (Zn) mg/kg dry wt. C. Polychlorinated biphenyls (PCBs) mg/kg dry wt. D. Man-made inerts >4mm, 13mm percent dry wt. E. Film plastic >4mm percent dry wt. Regulated Heavy Metal Cumulative Loadinga,b A. Arsenic 37 lbs/acre B. Cadmium 35 lbs/acre C. Chromium 2,680 lbs/acres D. Copper 1,340 lbs/acre E. Lead 270 lbs/acre F. Mercury 15 lbs/acre G. Molybdenum 16 lbs/acre H. Nickel 375 lbs/acre I. Selenium 90 lbs/acre J. Zinc 2,500 lbs/acre (a) This is the maximum sum of all prior loadings to the soil. (b) Compost shall have a pH greater than or equal to 5.5. Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland Effective date: February 13, 1995 (22:3 Md. R. 155) Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131) Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22) Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131) This chapter governs the distribution of contract feed for chickens to a contract feeder. In this chapter, the following terms have the meanings indicated. Terms Defined. “Additive” means any substance that is a component of, or that is included in, a contract feed for the specific purpose of reducing the quantity of phosphorus in chicken waste. “Commercial feed” means a material which is distributed for use as feed, or for mixing in feed for chickens, except: Unmixed and unprocessed whole seeds or meal made directly from the entire seeds; Unground hay; or Stover, silage, cobs, hulls, and whole or ground straw, none of which materials have been mixed with any other material. “Contract feed” means a commercial feed: Intended for use as a chicken feed, according to an agreement between a distributor and a contract feeder; and Containing inorganic phosphorus. “Contract feeder” means an independent contractor who feeds a contract feed to chickens pursuant to a contract whereby commercial feed is supplied, or otherwise provided to the contract feeder, and payment is determined wholly or partially by feed consumption, mortality, profits, and amount or quality of the product. “Department” means the Maryland Department of Agriculture. “Distribute” means to exchange, offer for sale, sell, barter, supply, or provide commercial feed, customer-formula feed, or contract feed to a contract feeder, or otherwise to supply or provide commercial feeds as part of a commercial enterprise. “Enzyme” means a specific protein, or a substance containing a specific protein, that is used as a feed additive to increase the digestibility or availability of phytate-bound phosphorus in corn, sorghum, soybeans, and other cereal grains, or in any plant ingredients included in a commercial feed. “Person” means an individual, corporation, partnership, association, firm, or other business entity. “Phytase” means an enzyme, or specific protein, that is used as a feed additive to increase the digestibility or availability of phytate-bound phosphorus in corn, sorghum, soybeans, and other cereal grains, or in any plant ingredients included in a commercial feed. “Secretary” means the Secretary of Agriculture or the Secretary's designee. A person who distributes contract feed shall add to the feed phytase, other enzyme, or additive that reduces the level of phosphorus in poultry waste. Notification to Department. By January 1 of each year, a person distributing to a contract feeder a contract feed shall provide the Department with the following information for that calendar year: Name of company or firm distributing a contract feed; Name or identifying number of each contract feed; Name of each type of enzyme or additive to be included in each contract feed; and A copy of the product label, or scientific documentation, supporting the use of each enzyme or additive in the contract feed. During the calendar year, any change in the type of enzyme or additive to be mixed with a contract feed shall be reported by the distributor to the Department before it is used in the feed. Record Keeping. A person distributing a contract feed to a contract feeder shall maintain a production record for each lot of feed produced or the quantity of feed produced during a specific period, such as each shift or each day. Each production record shall include the following: Brand name or identifying number of the contract feed; Lot identification or period of production at the feed manufacturing site; Specific name of the enzyme or additive included in the contract feed; Quantity of the contract feed produced; and Quantity of the enzyme or additive included in the contract feed. Each contract feed production record shall be: Maintained for 1 year from the date of manufacture of each lot or designated quantity of contract feed; and Made available, upon request, to the Department. Contract Feed Analysis. A person producing a contract feed shall: Collect a representative sample from at least one lot per quarter of a contract feed produced at each feed mill; Have the sample analyzed by a laboratory to determine the activity or concentration of phytase, other enzyme, or additive present in the contract feed sampled; Maintain for at least 1 year from the date of analysis the laboratory results of each contract feed analyzed; and Make available, upon request, to the Department the results of the laboratory analysis of each representative sample. Each person producing a contract feed shall make available to the Department, upon request, a sample from any lot of contract feed produced for distribution to a contract feeder. When analyzing any sample, the Department shall use the method of analysis provided in the Journal of the Association of Official Analytical Chemists. Departmental Access to Records. A person producing or distributing a contract feed in the State shall provide access for the Secretary to: Inspect the production of a contract feed; Sample any contract feed; or Review any records pertaining to the use of phytase, other enzyme, or additive in a contract feed. A person who violates the provisions of this chapter is guilty of a misdemeanor and is subject to the penalties and fines provided in Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland. Agriculture Article, §6-107.1, Annotated Code of Maryland Effective date: May 13, 2002 (29:9 Md. R. 746) The purpose of this chapter is to provide for the assessment on commercial equine feed and to describe the procedures for its collection and possible refund to a retail purchaser. This 5-year program is intended to benefit Maryland's equine industry. In this chapter, the following terms have the meanings indicated. Terms Defined. “Commercial equine feed” or “feed” means feed that is labeled or intended for an equine, but does not include unprocessed feed such as hay, oats, corn, or any feed that is exempt from the registration requirements of the Maryland Commercial Feed Law, Agriculture Article, §6-107, Annotated Code of Maryland. “Equine” means a horse, mule, donkey, or pony. “Labeled” means labeling or any display of written, printed, or graphic matter affixed to or accompanying the feed or the container in which the commercial equine feed is sold, including an invoice or delivery ticket. “Person” means an individual, governmental entity, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. “Registrant” means a person who is required to register feed pursuant to the Maryland Commercial Feed Law, Agriculture Article, §6-107, Annotated Code of Maryland. “Secretary” means the Secretary of the Department of Agriculture or the Secretary's designee. There is an assessment of $2 per ton on commercial equine feed sold in the State. Subject to the requirements of this chapter, a registrant shall pay the correct amount of the assessment to the Secretary. Quarterly Payment Requirements. A registrant shall pay the correct amount of the assessment for commercial equine feed sold in the State to the Secretary once each quarter as follows: For feed sold January 1 through March 31, the assessment shall be received by the Secretary by April 30; For feed sold April 1 through June 30, the assessment shall be received by the Secretary by July 30; For feed sold July 1 through September 30, the assessment shall be received by the Secretary by October 30; and For feed sold October 1 through December 31, the assessment shall be received by the Secretary by January 30. Payment Form. A registrant shall pay by check or money order only, accompanied by a completed commercial equine feed assessment form provided by the Secretary. A person who is subject to the requirements of this chapter shall keep for 4 years all records in connection with the sale of commercial equine feed in the State. The records shall be made available to the Secretary upon request. Retail Purchaser. Subject to the requirements of this regulation, a person who purchases commercial equine feed at a retail location in this State may request reimbursement from the Secretary for the amount of any assessment paid on the feed. Reimbursement Form. A person who requests reimbursement shall provide the Secretary with an original sales receipt for the feed and a completed form adopted by the Secretary. Request Period. A person who requests reimbursement of the assessment shall submit a request that is received by the Secretary not more than 120 days from the feed purchase date. Request Denied. The Secretary shall deny any request for reimbursement if received after the 120-day period provided in this regulation, or if assessment funds have not been paid or are otherwise unavailable. Posting at Point of Sale. A person who sells commercial equine feed at any retail location shall post in a noticeable place at the point of sale an appropriate sign, adopted by the Secretary, that informs the feed purchaser of the possibility of reimbursement. Sign Availability. Upon request, the Secretary shall provide a sign to any person who sells commercial equine feed. Any assessment collected by the Secretary shall be paid into the Maryland Horse Industry Fund, as provided in Agriculture Article, §2-708.2, Annotated Code of Maryland, to be used only for education, research, and promotional materials and activities intended to benefit the Maryland equine industry. The Secretary may take appropriate action to enforce the requirements of this chapter, as provided in Agriculture Article, §2-104, Annotated Code of Maryland. Agriculture Article, §6-107.2, Annotated Code of Maryland Effective date: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181) This chapter establishes standards that determine the administrative penalty for any person who violates and is required to be registered under the Maryland Pesticide Registration and Labeling Law (Agriculture Article, Title 5, Subtitle 1, Annotated Code of Maryland), the Maryland Commercial Feed Law (Agriculture Article, Title 6, Subtitle 1, Annotated Code of Maryland), the Maryland Commercial Fertilizer Law (Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland), or the Agricultural Liming Materials and Gypsum Law (Agriculture Article, Title 6, Subtitle 3, Annotated Code of Maryland). After notice and an opportunity for a hearing, the Secretary may impose a penalty on any person subject to the Secretary's regulatory authority, instead of refusing or canceling a registration. The Secretary may impose a penalty on any person who: Violates any of the regulatory requirements of the Maryland Pesticide Registration and Labeling Law under Agriculture Article, Title 5, Subtitle 1, Annotated Code of Maryland; Violates any of the regulatory requirements of the Maryland Commercial Feed Law under Agriculture Article, Title 6, Subtitle 1, Annotated Code of Maryland; Violates any of the regulatory requirements of the Maryland Commercial Fertilizer Law under Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland; Violates any of the regulatory requirements of the Maryland Agriculture Liming Materials and Gypsum Law under Agriculture Article, Title 6, Subtitle 3, Annotated Code of Maryland; Violates any stop sale order or other regulatory order issued by the Secretary for any commodity sold or offered for sale under Agriculture Article, Title 5, Subtitle 1, or Title 6, Annotated Code of Maryland; or Fails to pay any assessed penalty to the Department as required by this chapter. For a violation of Regulation .03 of this chapter, a penalty may be imposed by the Secretary, considering the nature and gravity of each violation as determined by §B of this regulation, consistent with the following standards: For the first violation, a penalty of not less than $100 or more than $500; For the second violation a penalty of not less than $500 or more than $1,500; For the third and any subsequent violation, a penalty of not less than $1,000 or more than $2,000. Before imposing any administrative penalty under this chapter, the Secretary shall consider the following if relevant to a violation: The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care; The extent to which the violation caused harm to the environment; Any economic loss to the State or to citizens of the State; and The extent to which the violation is a part of a recurring pattern of violations. A person may appeal the Secretary's decision to impose a penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. A person shall be notified of this right to appeal. Unless a person appeals, the amount of a penalty shall be paid to the Secretary within 30 days of the violation notice. Agriculture Article, §§5-107.1 and 6-401, Annotated Code of Maryland Effective date: February 27, 2006 (33:4 Md. R. 354) This chapter establishes record-keeping requirements for a person who sells or distributes ammonium nitrate fertilizer. In this chapter, the following terms have the meanings indicated. Terms Defined. “Ammonium nitrate fertilizer” means a fertilizer that is chiefly the ammonium salt of nitric acid that contains not less than 33 percent nitrogen, 1/2 of which is in the ammonium form and 1/2 of which in the nitrate form. “Secretary” means the Secretary of Agriculture or the Secretary's designee. A person who sells or distributes ammonium nitrate fertilizer shall maintain for at least 2 years, at a business location, a record for each sale or distribution, with the following information: The date of sale or distribution; The name and address of the buyer and recipient; A photocopy of the buyer or recipient's state issued driver license, or a copy of the buyer or recipient's picture identification card; and The quantity of ammonium nitrate purchased or delivered. The records required to be maintained under this chapter shall be made available to the Secretary upon request. A person who violates this chapter is subject to an administrative penalty provided in Agriculture Article, §6-401, Annotated Code of Maryland. Agriculture Article, §6-209.1, Annotated Code of Maryland Effective date: April 10, 2006 (33:7 Md. R. 675) This chapter establishes the requirements for registering pet food and specialty pet food prior to distribution in Maryland. The technical standards provided in this chapter are found in the 2016 official publication of the Association of American Feed Control Officials (AAFCO), under AAFCO Dog and Cat Food Nutrient Profiles, pp. 150—175, Procedures for Establishing Pet Food Product Families, p. 191, and AAFCO Dog and Cat Food Feeding Protocols, pp. 176—190, which are incorporated by reference. In this chapter, the following terms have the meanings indicated. Terms Defined. “AAFCO” means the Association of American Feed Control Officials. “All life stages” means gestation/lactation, growth and adult maintenance life stages. “Family” means a group of products that are nutritionally adequate for any or all life stages based on nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol or protocols. Immediate Container. “Immediate container” means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers. “Immediate container” does not include containers used as shipping containers. “Ingredient statement” means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed. “Principal display panel” means the part of a label on the pet food or specialty pet food that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. “Pet” means dog or cat. “Pet food” means any commercial feed prepared and distributed for consumption by dogs or cats. “Secretary” means the Secretary of Agriculture or the Secretary's designee. “Specialty pet” means any domesticated pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles. “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets. “Raw milk” means any milk or milk product, exclusive of any USDA licensed biologics, from any species other than humans, that has not been pasteurized in accordance with processes recognized by the U.S. Food and Drug Administration. General Requirements. In addition to other requirements for commercial feed provided by law, the requirements of this regulation shall apply also to pet food and specialty pet food. Pet Food Labeling. A pet food and specialty pet food shall be labeled with the following information: The product name and brand name if any, on the principal display panel as specified Agriculture Article, §6-109(a)(2), Subtitle 1, Title 6, Annotated Code of Maryland; A statement specifying the species name of the pet or specialty pet for which the food is intended, conspicuously designated on the principal display panel; A quantity statement as defined in Agriculture Article, §11-308, Subtitle 3, Title 11, Annotated Code of Maryland, on the principal display panel, by weight (pounds and ounces, and metric), liquid measure (quarts, pints, and fluid ounces and metric) or by count; Guaranteed analysis as specified in Agriculture Article, §6-109(a)(5), Subtitle 1, Title 6, Annotated Code of Maryland; An ingredient statement as specified Agriculture Article, §6-109(a)(3), Subtitle 1, Title 6, Annotated Code of Maryland; A statement of nutritional adequacy or purpose if required under these regulations; Feeding directions if required under these regulations; Name and address of the manufacturer or distributor as stipulated in Agriculture Article, §6-109(a)(4), Subtitle 1, Title 6, Annotated Code of Maryland; and A unique and traceable lot number or production date. Requirements for Outer Container or Wrapper. When a pet food or specialty pet food is enclosed in an outer container or wrapper and is intended for retail sale, the following requirements apply to the outer container or wrapper: A vignette, graphic, or pictorial representation of any product on any pet food or specialty pet food label shall not misrepresent the contents of the package; The use of the term “proven” in connection with a label claim for a pet food or specialty pet food is not permitted unless the claim is substantiated by scientific or other empirical evidence; No statement shall appear upon the label of any pet food or specialty pet food which makes false or misleading comparisons between that food and any other pet or specialty pet food; Personal or commercial endorsement or endorsements are permitted on pet food or specialty pet food labels if it is not false or misleading; A statement on a pet food or specialty pet food label stating “improved”, “new”, or a similar designation shall be substantiated and limited to 6 months’ production; and A statement on a pet food or specialty pet food label stating preference or a comparative attribute or attributes claim shall be substantiated and is limited to 1 year of production, after which the claim shall be removed or re-substantiated. Requirement for Raw Milk. Raw milk distributed as pet food or specialty pet food shall bear the following statement: This warning statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font for the quantity statement as shown in the following table: The label shall bear a unique and traceable lot number or production date. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of the regulation apply also to pet food and specialty pet food. Designation of “100%” or “All”. The designation “100%” or “All” or words of similar connotation shall not be used in the brand name or product name of a pet food or specialty pet food if the product contains more than one ingredient, provided, for the purpose of this section only, not including water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments. Designation of Ingredients. An ingredient or a combination of ingredients may form a part of the product name of a pet food or specialty pet food if: The ingredient or ingredients constitutes at least 95 percent of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage, however, the ingredients shall constitute at least 70 percent of the total product weight. Any ingredient constitutes at least 25 percent of the weight of the product, excluding water sufficient for processing. Any descriptor that shall imply that other ingredients are included in the product formula. Examples of descriptors include “dinner”, “platter”, “entrée”, “formula”, and “recipe. The descriptor is in the same size, style, and color print as the ingredient name or names. The combination of ingredients which are included in the product name complies with the following: Each ingredient constitutes at least 3 percent of the product weight, excluding water sufficient for processing; The name of the ingredients appear in the order of respective predominance by weight in the product; and all the ingredient names appear on the label in the same size, style and color print. Use of Ingredient Name. When the name of an ingredient appears in the product name of a pet food or specialty pet food or elsewhere on the product label and includes a descriptor such as “with” or similar designation, the named ingredient or ingredients shall each constitute at least 3 percent of the product weight exclusive of water for processing. If the names of more than one ingredient are shown, they shall appear in respective order of predominance by weight in the product. The 3 percent minimum level does not apply to claims for condiments or nutrients, such as, but not limited to, vitamins, minerals and fatty acids. The word “with”, or similar designation, and named ingredient or ingredients shall be in the same size, style, color and case print and be of no greater size than: Designation of Flavor. A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food if the flavor designation meets the following requirements: The flavor designation: Conforms to the name of the ingredient listed in the ingredient statement; or Is identified by the source of the flavor in the ingredient statement; The word “flavor” is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request. Ingredients as Product Name. The product name of the pet food or specialty pet food shall not be derived from one or more ingredients unless all ingredients are included in the name, except as specified by Regulation .04B, C, or D of this chapter, provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if: The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts that have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients. Contractions or Coined Names. Contractions or coined names referring to ingredients shall not be used in the brand name of any pet food or specialty food unless they are in compliance with Regulation .04B, C, or D of this chapter Regulation .04B, C, or D of this chapter. Designation of Raw Milk. When pet food or specialty pet food consists of raw milk, the words, “Raw (blank) Milk” shall appear conspicuously on the principal display panel. The blank is to be completed by using the species of animal from which the raw milk is collected. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of these regulations shall also apply to pet food and specialty pet food. Guaranteed Analysis Requirement. The “Guaranteed Analysis” on a pet food or specialty pet food label shall be listed in the following order and format unless otherwise specified in these regulations: Minimum percentage of crude protein; Minimum percentage of crude fat; Maximum percentage of crude fat, if required by Regulation .12 of this chapter; Maximum percentage of crude fiber; Maximum percentage of moisture; and Additional guarantees shall follow moisture. When ash is listed in the guaranteed analysis on a pet food or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow the moisture guarantee. A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO Dog or Cat Food Nutrient Profiles (current printed AAFCO OP). Guarantees for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, or not otherwise provided for in these regulations, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk referring to the disclaimer “not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles.” The disclaimer shall appear immediately after the last guarantee under this item in the same size type as the guarantees. A specialty pet food label shall list other required or voluntary guarantees in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the specific species; however, if no species-specific AAFCO-recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile. Guarantees for substances not listed in an AAFCO recognized nutrient profile for the specific species of animal shall immediately follow the listing of recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer “not recognized as an essential nutrient by the ________.” The blank is to be completed by listing the specific AAFCO nutrient profile. This disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. No such disclaimer shall be required unless an AAFCO-recognized nutrient profile is available for the specific species of specialty pet. Sliding Scale Method Prohibited. The sliding scale method of expressing any guaranteed analysis, for example, “protein 15—18 %”, is prohibited. Mineral Supplement Representation. The label of a pet food or a specialty pet food that is formulated as and represented to be a mineral supplement shall include: Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed as the element in units specified in the nutrient profile; or Minimum guarantees for all minerals from sources declared in the ingredient statement as the element in units specified in the AAFCO Cat Food Nutrient Profiles, if no species-specific nutrient profile has been recognized by AAFCO, and provided that: Mineral guarantees required by Regulation .06 D(1) and (2) of this chapter may be expressed in milligrams (mg) per unit, such as tablets, capsules, granules, or liquids, consistent with those employed in the quantity statement and directions for use; and A weight equivalent, such as 1 fluid ounce = 28 grams, for liquid products. Representation of Vitamin Supplement. The label of any pet food or specialty pet food, which is formulated as and represented to be a vitamin supplement, shall include: Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed in units specified in the nutrient profile; or Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units specified in AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO, and provided that: Vitamin guarantees required by Regulation .06E(1) and (2) of this chapter may be expressed in approved units, such as IU, mg, or g, per unit, such as tablets, capsules, granules or liquids, consistent with those employed in the quantity statement and directions for use; and A weight equivalent such, as 1 fluid ounce = 28 grams, for liquid products. Comparison of Nutrient Content. When the label of any pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile, such as a table of comparison, a percentage or any other designation referring to an individual nutrient or all of the nutrient levels, the following apply: The product shall meet the AAFCO-recognized nutrient profile; The statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile; however, the statement that the product meets the AAFCO-recognized nutrient profile is not required provided that the nutritional adequacy statement as per Regulation .09B(1) or C(1) of this chapter appears elsewhere on the product label; The statement of comparison of the nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis; and The statement of comparison may appear on the label separate and apart from the guaranteed analysis. Moisture Declaration. The maximum moisture declared on a pet food or specialty pet food label shall not exceed 78 percent or the natural moisture content of the ingredients, whichever is higher. However, pet food or specialty pet food such as those consisting principally of stew, gravy, sauce, broth, aspic, juice or a milk replacer, which are so labeled, may contain moisture in excess of 78 percent. Guarantees for Crude Ingredient. Guarantees for crude protein, crude fat and crude fiber are not required if the pet food or specialty pet food is intended for purposes other than to furnish the substances or the substances are of minor significance relative to the primary purpose of the product, such as a mineral or vitamins supplement. Guarantees for Microorganisms. Guarantees for microorganisms and enzymes shall be stated in the following format: Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/gm) when directions are for using the product in grams, or in colony units per pound (CFU/lb) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance. Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min./mg. If two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of these regulations shall also apply to pet food and specialty pet food. Ingredient Statement Requirement. Each ingredient of a pet food or specialty pet food shall be listed in the ingredient statement as follows: The names of all ingredients in the ingredient statement shall be shown in letters or type of the same size; The ingredients shall be listed in descending order by predominance by weight in nonquantitative terms; The ingredients shall be listed and identified by the name and definition established by AAFCO; and Any ingredient with no established name and definition shall be identified by the common or usual name of the ingredient. Meat and By-products Ingredients. The ingredients “meat” and “meat by-products” shall be qualified to designate the animal from which the meat or meat by-products are derived unless the meat or meat by-products are derived from cattle, swine, sheep, goats, or any combination of those animals. For example, ingredients derived from horses shall be listed as “horsemeat” or “horsemeat by-products.” Prohibition. Brand or trade names shall not be used in an ingredient statement. Ingredient Attributes. A reference to the quality, nature, form, or other attribute of an ingredient shall be allowed when the reference meets all of the following: The designation is not false or misleading; The ingredient imparts a distinctive characteristic to the pet food or specialty pet food because it possesses that attribute; and A reference to quality or grade of the ingredient does not appear in the ingredient statement. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of these regulations shall also apply to pet food and specialty pet food. Artificial Color. An artificial color may be used in a pet food or specialty pet food if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color listed in CFR, Title 21, as safe for use, together with the conditions, limitations and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets or specialty pets. Safety and Efficiency of Additives. Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty pet food which contains additives or drugs, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food or specialty pet food may be established when the pet food or specialty pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in CFR, Title 21 or which are “prior sanctioned” or “informal review sanctioned” or “Generally Recognized as Safe” for such use. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of these regulations shall also apply to pet food and specialty pet food. Nutritional Claim. The label of a pet food or specialty pet food that is intended for all life stages of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as “complete and balanced”, “perfect”, “scientific”, or “100% nutritious” if at least one of the following apply: The product meets the nutrient requirements for all life stages established by an AAFCO-recognized nutrient profile; The product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol or protocols; or The product is a member of a product family that is nutritionally similar to a lead product containing a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, provided that; The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO (AAFCO Official Publication, pp 191, 2016); The family product meets the criteria for all life stages; and The Secretary may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy. Limited Purpose Nutritional Claim. The label of a pet food or specialty pet food that is intended for a limited purpose, such as the size of dog, or a specific life stage, but not for all life stages, may include a qualified claim such as “complete and balanced”, “perfect”, “scientific”, or “100% nutritious” if the product and claim meets all of the following: The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, such as, “complete and balanced for puppies (or kittens),” and the claim and the required qualification shall be juxtaposed on the same label panel and in the same size, style and color print; and The product meets at least one of the following: The nutrient requirements for the limited purpose or specific life stage established by an AAFCO-recognized nutrient profile; The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized feeding protocol or protocols; or The requirements of a product family which is nutritionally similar to a lead product that contains a combination of ingredients which, when fed for the limited purpose, will satisfy the nutrient requirements for the limited purpose and has had its capabilities in this regard demonstrated by adequate testing, and provided that: The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO; The family product meets the criteria for the limited purpose; and The Secretary may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy. Dog and Cat Food Labels. Dog and cat food labels shall include a statement of nutritional adequacy or purpose of the product except when the dog or cat food is clearly and conspicuously identified on the principal display panel as a “snack”, “treat”, or “supplement”. The statement shall consist of one of the following. A claim that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation/lactation, growth, maintenance, and all life stages. “(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for _________” (Blank is to be completed by using the stage or stages of the pet’s life, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”). For a dog food, when the blank in Regulation .09D(1)(a)of this chapter includes the words “growth” or “All Life Stages”, one of the following phrases shall also be added verbatim to the end of the claim: “Including growth of large size dogs (70 lbs. or more as an adult)” if the product has been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs; or “Except for growth of large size dogs (70lbs/ or more as an adult)” if the product has not been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs. “Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for ______” (Blank is to be completed by using the stage or stages of the pet’s life tested, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”). “(Name of Product) provides complete and balanced nutrition for ______ “ (Blank is to be completed by using the stage or stages of the pet’s life, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”) and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests.” A nutritional or dietary claim for purposes other than those listed in Regulation .09 B or C of this chapter, if the claim is scientifically substantiated. The statement “This product is intended for intermittent or supplemental feeding only,” if a product does not meet the requirements of this part or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding. Products Intended for Veterinarians. The label of a product intended for use by a veterinarian or under the direction of a veterinarian shall contain a statement in accordance with Regulation .09D of this chapter. Affidavit for Product. A signed affidavit attesting that the product meets the requirements of Regulation .09B or C of this chapter shall be submitted to the Secretary upon request. Products That Do Not Meet AAFCO Nutrient Requirements. If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-recognized nutrient profile or if no requirement has been established by an AAFCO recognized nutritional authority for the life stage or stages of the intended species, the claimed nutritional adequacy or purpose of the product shall be scientifically substantiated by the applicant for registration. AAFCO Recognized Nutrient Requirements. The following AAFCO-recognized nutritional authority, nutrient profile, and animal feeding protocol are acceptable as the basis for a claim of nutritional adequacy: As an AAFCO-recognized nutrient profile or: For dogs, the AAFCO Dog Food Nutrient Profiles; For cats, the AAFCO Cat Food Nutrient Profiles; For specialty pets, the nutrient recommendations approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, provided that this nutrient recommendation is recognized only for the specific specialty pet for which the profile is intended; and As an AAFCO–recognized animal feeding protocol or protocols, the AAFCO Dog and Cat Food Feeding Protocols (AAFCO Official Publication, pp 176—190, 2016). Dog or Cat Food Snacks or Treats. Dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in Regulation .09D(1) of this chapter except those pet foods labeled in accordance with Regulation .09E of this chapter shall list feeding directions on the product label. These directions shall be consistent with the intended use or uses indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere (e.g., “adult formula”). These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum state, “Feed (weight/unit of product) per (weight only) of dog (or cat)”. The frequency of feeding shall also be specified. Products Intended for Veterinarians. When a dog or cat food is intended for use by or under the supervision or direction of a veterinarian, the statement: “Use only as directed by your veterinarian” may be used in lieu of feeding directions. Specialty Pet Food Snacks or Treats. Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in Regulation .09B of this chapter shall list feeding directions on the product label. These feeding directions shall be adequate to meet the nutrient requirements of the intended species of specialty pet as recommended by the AAFCO-recognized nutritional authority. These directions shall be expressed in common terms and shall appear prominently on the label. The frequency of feeding shall also be specified. Dog and Cat Labels. The label of a dog or cat food shall bear a statement of calorie content and meet all of the following: The statement shall be separate and distinct from the “Guaranteed Analysis” and appear under the heading “Calorie Content”; The statement shall be measured in terms of metabolizable energy (ME) on an “as fed” basis and shall be expressed as “kilocalories per kilogram” (kcal/kg) of product, and may also be expressed as kilocalories per familiar household measure, (e.g., cans or cups) or unit of product (e.g., treats or pieces); The calorie content shall be determined by one of the following methods: By calculation using the “modified Atwater” formula: In accordance with a testing procedure established by AAFCO. An affidavit shall be provided upon request to the Secretary, substantiating that the calorie content was determined by: Regulation .11A(3)(a) of this chapter in which case the summary data used in the calculation shall accompany the affidavit; or Regulation .11A(3)(b) of this chapter in which case the summary data used in the determination of calorie content shall accompany the affidavit. The calorie content statement shall appear as one of the following: The heading “Calorie Content” on the label or other labeling shall be followed parenthetically by the word “calculated” when the calorie content is determined in accordance with Regulation .11A(3)(a) of this chapter; or The heading “Calorie Content” on the label or other labeling shall be followed parenthetically by the word “fed” when the caloric content is determined in accordance with Regulation .11A(3)(b) of this chapter. Comparative Claim. Comparative claims shall not be false, misleading or given undue emphasis and shall be based on the same methodology for the products compared. Calorie Terms. A dog food product that bears on its label the terms “light”, “lite”, “low calorie”, or words of similar designation shall: Contain no more than 3,100 kcal ME/kg for products containing less than 20 percent moisture, no more than 2,500 kcal ME/kg for products containing 20 percent or more but less than 65 percent moisture, and no more than 900 kcal ME/kg for products containing 65 percent or more moisture; Include on the label a calorie content statement: In accordance with the format provided in Regulation .11 of this chapter; and Which states no more than 3,100 kcal ME/KG for products containing less than 20 percent moisture, no more than 2,500 kcal ME/kg for products containing 20 percent or more but less than 65 percent moisture, and no more than 900 kcal ME/kg for products containing 65 percent or more moisture; and Include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use. A cat food product that bears on its label the terms “light,” “lite,” “low calorie,” or words of similar designation shall: Contain no more than 3,250 kcal ME/kg for products containing less than 20 percent moisture, no more than 2,650 kcal ME/kg for products containing 20 percent or more but less than 65 percent moisture, and no more than 950 kcal ME/kg for products containing 65 percent or more moisture; Include on the label a calorie content statement: In accordance with the format provided in Regulation .11 of this chapter; Which states no more than 3,250 kcal ME/KG for products containing less than 20 percent moisture, no more than 2,650 kcal ME/kg for products containing 20 percent or more but less than 65 percent moisture, and no more than 950 kcal ME/kg for products containing 65 percent or more moisture; and Include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use. Less” or “Reduced Calories”. A dog or cat food product that has on its label a claim of “fewer calories,” “reduced calories,” or words of similar designation, shall comply with requirements of this section. The dog or cat food product shall have a label that includes the following: The name of the product of comparison and the percentage of calorie reduction, expressed on an equal weight basis, explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears; The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; A calorie content statement in accordance with the format provided in Regulation .11 of this chapter; and Feeding directions that reflect a reduction in calories compared to feeding directions for the product of comparison; and A comparison between products in different categories of moisture content (i.e., less than 20 percent, 20 percent or more but less than 65 percent, 65 percent or more) is misleading. Fat Terms. A dog food product that bears on its label the terms “lean”, “low fat”, or words of similar designation shall: Contain no more than 9 percent crude fat for products containing less than 20 percent moisture, no more than 7 percent crude fat for products containing 20 percent or more but less than 65 percent moisture, and no more than 4 percent crude fat for products containing 65 percent or more moisture; and Include on the product label in the guaranteed analysis: A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation .06B(1)(c) of this chapter; and A maximum crude fat guarantee that is no more than 9 percent crude fat for products containing less than 20 percent moisture, no more than 7 percent crude fat for products containing 20 percent or more but less than 65 percent moisture, and no more than 4 percent crude fat for products containing 65 percent or more moisture. A cat food product that bears on its label the terms “lean,” “low fat,” or words of similar designation shall: Contain no more than 10 percent crude fat for products containing less than 20 percent moisture, no more than 8 percent crude fat for products containing 20 percent or more but less than 65 percent moisture, and no more than 5 percent crude fat for products containing 65 percent or more moisture; Include on the product label in the guaranteed analysis: A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation .06B(1)(c) of this chapter; and A maximum crude fat guarantee that is no more than ten percent crude fat for products containing less than 20 percent moisture, no more than 8 percent crude fat for products containing 20 percent or more but less than 65 percent moisture, and no more than 5 percent crude fat for products containing 65 percent or more moisture. A dog or cat food product that bears on its label a claim of “less fat”, “reduced fat”, or words of similar designation, shall include on the label: The name of the product of comparison and the percentage of fat reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears; A maximum crude fat guarantee in the guaranteed analysis immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation .06B(1)(c) of this chapter; The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim. A comparison between products in different categories of moisture content, for example, less than 20 percent, 20 percent or more but less than 65 percent, 65 percent or more, is misleading. Raw milk may not be registered for use as pet food for any species when it is packaged in containers that resemble containers intended for milk for human consumption, or it is stored at retail with, or in the vicinity of, milk or milk products intended for human consumption. The label of a pet food or specialty pet food shall specify the name and address of the manufacturer or distributor. The statement of the place of business should include the street address, city, state and zip code. If a person manufactures or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of the pet food or specialty pet food was manufactured or packaged or from which each package is to be distributed. Any manufacturer or distributor of pet food and specialty pet food shall maintain and furnish upon request by the Secretary or his authorized representative, such records and reports as the Secretary deems necessary to indicate the accuracy of any registration of a pet food or specialty pet food, and any other records and reports required by the commercial feed law. Agriculture Article, §6-101 et seq., Annotated Code of Maryland Effective date: April 10, 2017 (44:7 Md. R. 357)