No. 38937 (5-year Review): Rule R68-3. Utah Fertilizer Act Governing Fertilizers and Soil Amendments

DAR File No.: 38937
Filed: 11/06/2014 02:29:31 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 4-2-2(1)(i) of the Utah Agriculture Code directs the department to adopt rules necessary for the effective administration of the agricultural laws of the state. In Subsection 4-13-3(2)(e), the applicant shall include any other information as the department may prescribe by rule. In Subsection 4-13-4(4)(b), each container of soil amendment shall be labeled with the name or chemical designation and content or other information prescribed by rule. In Subsection 4-13-6(1)(2), distribution of fertilizers that do not comply with label requirements are prohibited. If after an official sample is found deficient and out of investigational allowances, the lot is subject to penalties.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received in favor or opposing this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The fertilizer rule gives further guidance regarding the Fertilizer Act in regards to registration, labeling, deficiencies, and unlawful acts. This rule also helps to facilitate interstate trade because of consistency in labeling and deficiency determination. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Robert Hougaard at the above address, by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at [e-mail]
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]

Effective:

11/06/2014

Authorized by:

LuAnn Adams, Commissioner

---