Cal. Code Regs. Tit. 3, § 2300 - Fertilizing Materials-General Provisions

(a) Labels of fertilizing materials, shall comply with the requirements of this article.

(b) Efficacy data, which may be required as stated in Sections 14601 and 14631 of the Food and Agricultural Code, is data required to demonstrate the product's effectiveness when used as directed for all label claims. The data shall be obtained under California environmental use conditions or in areas that have essentially the same environmental use conditions.

(c) All guarantees shall be analyzed by a laboratory method determined by the secretary to address the validity of the guarantee. The following criteria to determine an analytical method for fertilizing materials include, but are not limited to:

(1) Calibration standard for accurate quantitation of instrumentation;

(2) Limit of detection and limit of quantitation to ensure a robust level of accuracy, repeatability, and precision;

(3) Reproducibility to ensure consistency in measurement;

(4) Analysis time to ensure feasibility within typical regulatory laboratory conditions;

(5) Method history to provide reliability;

(6) Fitness of purpose to determine the appropriateness of the method;

(7) Method ruggedness as a measure of reproducibility of analytical results under varying laboratory environments and conditions; and

(8) Other necessary indicators to validate the guarantee.

(d) The guaranteed analysis must be stated on an "as is" basis at time of sale or delivery to wholesale and retail customers.

(e) "Zero" guarantees shall not appear in the guaranteed analysis statement.

(f) Brand names, trademarks and tradenames are prohibited in the derivation statement or list of ingredients. They may appear as part of the product name in an area of the label separate from the list of ingredients or the derivation statement. However, trademarks and tradenames may not be similar to that of a recognized fertilizing material.

(g) The statement "State of California approved" or other indication of official approval is prohibited in labeling and advertising unless allowed for organic input material.

(1) Organic input material registered in accordance with Title 3, Section 2320.2 et seq. may reflect OR bear the following logos:

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(2) The logo must replicate the form and design referenced in Section 2300(g)(1) and, if used, must be printed legibly and conspicuously.

(h) A warning or caution statement shall appear on the label of any commercial fertilizer or agricultural mineral product which contains 0.1 percent or more by weight of boron in water soluble form. This statement shall carry the word "WARNING," "CAUTION, "ATTENTION," or "NOTICE," conspicuously displayed, shall state the crop(s) for which the fertilizing material is to be used or state that the use of the fertilizing material on any crops other than those recommended may result in serious injury to the crop(s).

(i) Except for products labeled only for indoor or hydroponic use, a warning or caution statement shall appear on the label of any commercial fertilizer or agricultural mineral product which contains 0.001 percent or more by weight of molybdenum (Mo). This statement shall carry the word "WARNING," "CAUTION," "ATTENTION," or "NOTICE," conspicuously displayed and the statement that the application of fertilizing materials containing molybdenum (Mo) may result in forage crops containing levels of molybdenum (Mo) which are toxic to ruminant animals.

(j) When the name of a fertilizing material ingredient appears on the label, that ingredient shall be represented in the guaranteed analysis statement and derivation statement, or statement of composition or list of ingredients.

(k) The manufacturer of fertilizing materials shall provide information regarding a product's composition to the Secretary:

(1) For fertilizing materials requiring registration, information regarding the product's composition shall accompany the Fertilizing Material Registration Application.

(2) For registered fertilizing materials, the manufacturer shall notify the Secretary of any changes in the information on file regarding the product's composition within 30 days of the change.

(3) For fertilizing materials that do not require registration, the manufacturer shall provide information regarding the product's composition upon request by the Secretary.

(4) For all fertilizing materials, the manufacturer may reference previously submitted information in compliance with subsections (k)(1), (k)(2) and (k)(3) but only with permission from the manufacturer who submitted the original information.

(5) For all fertilizing materials whose production process allows for alternative inert ingredients, a list of alternative inert ingredients may be submitted when providing the Secretary information regarding composition as required by subsections (k)(1), (k)(2) and (k)(3).

(l) The manufacturer shall submit the following information on the composition of fertilizing materials:

(1) The name of each active and inactive ingredient and its concentration in percentage by weight. The ingredient shall be identified using its chemical or substance name according to the Chemical Abstract Society (CAS) nomenclature (including the CAS Registry Number) or its common, generally recognized name. For products whose net content is expressed by volume on its label, the ingredients' concentration information may be submitted based on volume as long as the approximate bulk density information is also included.

(2) When the information submitted in accordance to subsection (1)(1) is not sufficient to verify the safety or efficacy, the Secretary may require the manufacturer to provide additional ingredient information including but not limited to:

(a) The purpose of each ingredient, active or inactive.

(b) The source of each ingredient, including the manufacturer's and/or distributor's contact information and country of origin.

(c) The Material Safety Data Sheet (MSDS) if applicable, or any other technical information in support of safety.

(d) The physical or chemical characteristic of each ingredient.

(e) A description of the manufacturing process.

(f) The impurities associated with each ingredient. The term "impurity" means any substance in the fertilizing material other than an active ingredient or an inert ingredient, including but not limited to non-reactive ingredients, side-reaction products, contaminants, and degradation products.

(g) A valid analytical method for each ingredient where applicable.

(m) Product labels may be re-evaluated to ensure compliance with current labeling laws and regulations. Revisions to approved product labels may be required at registration renewal.

Notes

Cal. Code Regs. Tit. 3, § 2300

Note: Authority cited: Sections 407, 14502, 14643 and 14631, Food and Agricultural Code. Reference: Sections 14501(b), 14502, 14601, 14631, 14641, 14642 and 14643, Food and Agricultural Code.

Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections 14501(b), 14502, 14601, 14631, 14641, 14642 and 14643, Food and Agricultural Code.

1. Amendment filed 10-11-68; effective thirtieth day thereafter (Register 68, No. 38).
2. Repealer of group I (articles 1-5, sections 2300-2321) and new group I (articles 1-4, sections 2300-2316) filed 7-29-82; effective thirtieth day thereafter (Register 82, No. 31). For prior history, see Registers 79, No. 26; 55, No. 3; and 24, No. 2.
3. Repealer of paragraph following article 1 heading and amendment of section filed 8-2-91; operative 8-2-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 7).
4. Editorial correction deleting repealed paragraph following article 1 heading (Register 95, No. 8).
5. Amendment adding subsections (k)-(l)(2)(g) filed 9-10-2009; operative 1-1-2010 pursuant to Government Code section 11343.4(b) (Register 2009, No. 37).
6. Amendment of subsection (g) and new subsections (g)(1)-(2) filed 2-28-2012; operative 3-29-2012 (Register 2012, No. 9).
7. Amendment of subsections (h)-(j) and new subsection (m) filed 6-22-2017; operative 10/1/2017 (Register 2017, No. 25).
8. Amendment of subsection (c), new subsections (c)(1)-(8), amendment of subsection (g)(1) and amendment of NOTE filed 7-1-2024; operative 10/1/2024 (Register 2024, No. 27).