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)