80-10-201. Registration. (1) Each brand and grade of fertilizer and each soil amendment except unmanipulated animal and vegetable manures must be registered by or on behalf of the manufacturer before distribution in this state. The application for registration must be submitted to the department on a form furnished or approved by the department and must be accompanied by a nonrefundable fee of $20 per grade for each fertilizer and for each soil amendment with exception of specialty fertilizers, which must be registered at a nonrefundable fee of $35 each. Upon approval, the department shall furnish a copy of the registration to the applicant. All registrations expire on December 31 of each year.
     (2) (a) The application for registration must include:
     (i) the brand and grade;
     (ii) the guaranteed analysis;
     (iii) the source of each plant food element guaranteed;
     (iv) the name and address of the registrant;
     (v) a copy or facsimile of each label and of promotional material when requested by the department; and
     (vi) analytical information on nutrient ingredients and nonnutrient ingredients as required by rule.
     (b) The department shall require the applicant to furnish replicated data, performed by a reputable investigator whose work is recognized as acceptable by the director of the agricultural experiment station or his designee, verifying any claims for effectiveness or agricultural value of any fertilizer or soil amendment product that is not generally recognized as having the values claimed at the use rates recommended.
     (3) A distributor may not be required to register any brand or grade of commercial fertilizer that is already registered under this section by another person.
     (4) A manufacturer may not reregister a product until full payment of the assessment fees provided for in 80-10-103 and 80-10-207 has been received by the department.

     History: En. 3-1715.1 by Sec. 3, Ch. 279, L. 1975; R.C.M. 1947, 3-1715.1(1), (2); amd. Sec. 4, Ch. 197, L. 1985; amd. Sec. 1, Ch. 27, L. 1989; amd. Sec. 1, Ch. 8, L. 2003.