5/7/2025Utah Plant Food Act

Amended by Chapter 91, 2025 General Session2025Definitions.As used in this chapter:"Adulterated" means a plant food that:contains a deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with the directions for use on the label;has a composition that falls below or differs from that which the composition is purported to possess by the composition's labeling;contains unwanted crop or weed seed; orexceeds levels of metals permitted by the United States Environmental Protection Agency."Beneficial substance" means a substance or compound, other than a primary nutrient, secondary nutrient, or micro plant nutrient, and excluding a pesticide, that can be demonstrated by scientific research to be beneficial to one or more species of plants, soil, or media."Blender" means a person engaged in the business of blending or mixing plant food."Brand" means a term, design, or trade mark used in connection with one or several grades of plant food."Bulk" means plant food delivered to a purchaser in a non-packaged form."Custom blend" means a plant food blended according to specification provided to a blender in a soil test nutrient recommendation or to meet the specific consumer request before blending."Deficiency" means the amount of nutrient found by analysis to be less than that guaranteed."Derivation" means the source from which the guaranteed nutrients are derived."Distribute" means to offer for sale, sell, exchange, or barter plant food."Distributor" means a person who distributes."Fertilizer" means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule."Fertilizer material" means a fertilizer that contains:quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate (P2O5), Potash (K2O);85% plant nutrients in the form of a single chemical compound; orplant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration."Grade" means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis."Guaranteed analysis" means the minimum percentage by weight of plant nutrients claimed in the following order and form:Total Nitrogen (N)____ percentAvailable Phosphate (P2O5)____ percentSoluble Potash (K2O)____ percentFor unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphate or degree of fineness may also be guaranteed.Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium may be permitted or required by rule of the department.The guarantees for such other nutrients shall be expressed in the form of the element.The sources of such other nutrients, such as oxides, salt, chelates, may be required to be stated on the application for registration and may be included as a parenthetical statement on the label.Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the department.Any plant nutrients or other substances or compounds guaranteed are subject to inspection and analysis in accord with the methods and rules prescribed by the department."Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of plant food."Label" means the display of the written, printed, or graphic matter upon the immediate container or statement accompanying plant food."Labeling" means the written, printed, or graphic matter upon or accompanying plant food, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of plant food."Lot" means a definite quantity identified by a combination of numbers, letters, characters, or amount represented by a weight certificate from which every part is uniform within recognized tolerances from which the distributor can be determined."Micro plant nutrient" means boron, chlorine, cobalt, copper, iron, manganese, molybdenum, nickel, sodium, and zinc."Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials."Official sample" means a sample of plant food taken by the department and designated as "official.""Percent" or "percentage" means the percentage by weight."Plant amendment" means a substance applied to plants or seeds that is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of plants except fertilizer, soil amendments, agricultural liming materials, animal and vegetable manure, pesticides, or plant regulators."Plant biostimulant" means a substance, microorganism, or mixture of a substance and microorganism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant's natural nutrition processes independently of the biostimulant's nutrient content, and thereby improving:nutrient availability;uptake;use efficiency;tolerance to abiotic stress; andconsequent growth, development, quality, or yield."Plant food" means a fertilizer, soil amendment, beneficial substance, plant amendment, plant biostimulant, plant inoculant, soil inoculant, or any combination of these products."Plant inoculant" means a product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system."Primary nutrient" includes total nitrogen, available phosphate, and soluble potash."Registrant" means a person who registers a plant food under this chapter."Secondary nutrient" includes calcium, magnesium, and sulfur."Soil amending ingredient" means a substance that will improve the physical, chemical, biochemical, biological, or other characteristics of the soil."Soil amendment" means a substance or a mixture of substances that is intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil, except fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, or pesticides."Soil inoculant" means a microbial product that is applied to colonize the soil to benefit the soil chemistry, biology, or structure."Specialty fertilizer" means fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries."Ton" means a net weight of 2,000 pounds avoirdupois.

Amended by Chapter 91, 2025 General Session2025Distribution of plant food -- Registration required -- Application -- Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and mixers.Before a plant food is distributed in this state, a person shall register the brand and grade of the plant food in the name of the person whose name appears upon the label of the plant food.A person shall submit an application for registration to the department on a form prescribed and furnished by the department, and shall accompany the application with payment of a fee determined by the department pursuant to Subsection 4-2-103(2) for each brand and grade.Upon approval by the department, the department shall furnish a copy of the registration to the applicant.A registration expires at midnight on December 31 of the year in which issued.A registration is renewable for a period of one year upon the payment of an annual registration renewal fee in an amount equal to the current applicable original registration fee.A person shall pay the renewal fee on or before December 31 of each year.A distributor is not required to register plant food that has been registered by another person under this chapter if the label does not differ in any respect.A blender is not required to register each grade of plant food formulated according to specifications provided by a consumer before mixing, but is required to:license the name under which the business of blending or mixing is conducted;pay an annual blenders license fee determined by the department pursuant to Subsection 4-2-103(2); andlabel the plant food as provided in Section 4-13-104.A blenders license expires at midnight on December 31 of the year in which the license is issued.A blenders license is renewable for a period of one year upon the payment of an annual license renewal fee in an amount equal to the current applicable original blenders license fee.A renewal fee shall be paid on or before December 31 of each year.The department shall assess a tonnage fee on fertilizer products sold in the state.The fee shall be determined by the department pursuant to Subsection 4-2-103(2).When more than one person is involved in the distribution of a fertilizer, the final person who has the fertilizer registered and distributed to a non-registrant or consumer is responsible for reporting the tonnage and paying the tonnage fee, unless the report and payment is made by a prior distributor of the fertilizer.A person shall submit the tonnage report on a form provided by the department on or before December 31 annually covering shipments made during the preceding 12-month period from November 1 to October 31.Revenue generated by the fee shall be deposited into the General Fund as dedicated credits to be used by the department for education and research about and promotion of proper plant food distribution, handling, and use.

Amended by Chapter 91, 2025 General Session2025Labeling requirements for fertilizer and soil amendments specified.A container of fertilizer distributed in this state shall bear a label in clearly legible and conspicuous form setting forth the:brand name and grade;guaranteed analysis, except that:sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis in order of predominance;guarantees of zeros may not be made and may not appear in statement except in nutrient guarantee breakdowns; andif chemical forms of nitrogen are claimed or required, the form shall be shown, but no implied order of the forms of nitrogen is intended;subject to Subsection (12), derivation statement of guaranteed nutrients if present;directions for use when applicable;caution or warning statement when applicable;name and address of the registrant or the manufacturer, if different from the registrant;net weight or volume; andlot number.A container of specialty fertilizer distributed in this state shall bear a label in clear, legible, and conspicuous form setting forth the information specified in Subsections (1)(a) through (h).A shipment of custom blend fertilizer shall be accompanied by a printed or written statement setting forth the:information specified in Subsections (1)(a) through (c);name and address of the licensed blender;net weight or volume; andlot number.A person who ships fertilizer material shall accompany the shipment of fertilizer material with a printed or written statement setting forth the:information specified in Subsections (1)(a) through (c);name and address of the registrant if different from the supplier or shipper;net weight or volume; andlot number.A soil amendment or beneficial substance distributed in the state shall bear a label in clearly legible and conspicuous form setting forth:the brand name;a statement of composition showing the amount of each non-nutritive ingredient, that is the agent in a product primarily responsible for the intended effects using the following format:for a soil amendment:SOIL AMENDING INGREDIENTS1. Name of the ingredient% or other acceptable unitsfor a beneficial substance:CONTAINS BENEFICIAL SUBSTANCE(S)1. Name of beneficial substance% or other acceptable units2. Genus and species of microorganismviable CFU/cm3,/mL,/g, or other acceptable units3. Name of the ingredient% or other acceptable units(Substances shall include ingredient source, if applicable. Ex. humic acid from leonardite or saponin from Yucca schidigera)the purpose of product;the direction for application;the caution or warning statement when applicable;the name and address of the registrant or the manufacturer, if different from the registrant; andthe net weight or volume.In case of a bulk shipment, the information required by Subsection (5) in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.The grade is not required on a fertilizer label when no primary nutrients are claimed or are less than 1%.Additional nutrient guarantees may not be an extension of the grade statement and shall be a separate line or include terms such as "plus," "with," or "including."The department may require proof of claims made, usefulness, and value of the soil amendments.Information or a statement may not appear on a package, label, delivery slip, or advertising matter that is false or misleading to the purchaser as to the use, value, quality, analysis, type, or composition of the plant food.A plant food is misbranded if:the labeling is false or misleading in any particular;the plant food is distributed under the name of another plant food product;the plant food is not labeled as required; orthe plant food purports to be or is represented as plant food, or is represented as containing an ingredient that does not conform with the definition of identity or any commonly accepted definitions of official fertilizer terms.An abbreviation, brand name, trade mark, or trade name may not appear in a derivation statement.

Amended by Chapter 91, 2025 General Session2025Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Warrants.The department shall periodically sample, inspect, analyze, and test plant food distributed within this state to determine whether the plant food complies with this chapter.The methods of sampling and analysis shall be those adopted by the AOAC International.In a case not covered by the methods adopted under Subsection (2)(a), or in a case when a method is available in which improved applicability has been demonstrated, the department may adopt appropriate methods from other sources.In determining whether a plant food is deficient, the department shall be guided solely by the official sample.The department may enter any public or private premises or carriers during regular business hours to have access to plant food and records relating to the distribution of plant food subject to this chapter.If admittance is refused, the department may proceed immediately to obtain an ex parte warrant from the nearest court with jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.The department shall distribute the results of an official sample.The department shall retain an official sample for a minimum of 90 days from the issuance of a report.

Amended by Chapter 91, 2025 General Session2025Distribution of plant food not complying with labeling requirements prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized -- Adulterated plant food.A person may not distribute in this state a plant food if the official sample of the plant food establishes that the plant food is deficient in the nutrients or ingredients guaranteed on the label by an amount exceeding the values established by rule.The department shall evaluate and take administrative action the department prescribes for a deficiency beyond the investigational allowances established by the department.A registrant aggrieved by the finding of an official sample deficiency may file a complaint with a court with jurisdiction to vacate or amend the finding of the department.A person may not distribute in this state a plant food that is adulterated.

Amended by Chapter 91, 2025 General Session2025Denial, suspension, or revocation authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.The department may deny, revoke, or suspend the license for a blender or the registration of a brand of plant food upon satisfactory evidence that the licensee or registrant has used fraudulent or deceptive practices in licensure, registration, or distribution in this state.The department may issue a "stop sale, use, or removal order" to the owner or person in possession of any designated lot of plant food that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter.The order shall be in writing and plant food subject to the order may not be moved or offered or exposed for sale, except upon the subsequent written release of the department.Before a release is issued, the department may require the owner or person in possession of the "stopped" lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.The department may seek in a court with jurisdiction an order of seizure or condemnation of any plant food that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction, to prevent violation of this chapter.A bond may not be required of the department in any injunctive proceeding under this section.If condemnation is ordered, the plant food shall be disposed of as the court directs, except that the court may not order condemnation without giving the claimant of the plant food an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the product into conformance, or to remove the plant food from the state.If the court orders condemnation of the plant food, court costs, fees, storage, and other expenses shall be awarded against the claimant of the plant food.

Amended by Chapter 91, 2025 General Session2025Sales or exchanges of plant food between manufacturers, importers, or manipulators permitted.This chapter may not be construed to restrict or avoid sales or exchanges of plant food to each other by importers, manufacturers, or manipulators who mix plant food materials for sale or as preventing the free and unrestricted shipment of plant food to manufacturers or manipulators who have registered their brands as required by this chapter.

Amended by Chapter 91, 2025 General Session2025Department may make and enforce rules -- Cooperation with state and federal agencies authorized.The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce the rules to administer and enforce this chapter.The department shall by rule adopt the official terms, tables, definitions, and statements adopted by the Association of American Plant Food Control officials and published in the official publications of that organization.The department may enter into agreements with other agencies of the state, other states, and agencies of the federal government to administer and enforce this chapter.