Consumer Fertilizer Task Force Overview of DACS Existing Authorities Regarding Fertilizer Regulation
§ 570.07 – DACS Powers and Duties • The department shall have and exercise the following functions, powers, and duties: • (16) To enforce the state laws and rules relating to: • (c) Registration, labeling, inspection, and analysis of commercial stock feeds and commercial fertilizers;
§ 570.07 (16) - DACS Powers and Duties In order to ensure uniform health and safety standards, the adoption of standards and fines in the subject areas of paragraphs (a)-(n) is expressly preempted to the state and the department. Any local government enforcing the subject areas of paragraphs (a)-(n) must use the standards and fines set forth in the pertinent statutes or any rules adopted by the department pursuant to those statutes.
§ 576.021 - Registration and Licensing • Distributors of Fertilizer must be licensed • Applications for licensure of specialty fertilizers must include the following: • [Same as § 576.031 F.S.]
§ 576.031 - Labeling • Fertilizer sold in containers must provide a label with the following: • The brand and grade. • The guaranteed analysis. • The name and address of the licensee. • The net weight. • The sources from which the nitrogen, phosphorus, and potassium are derived. • The sources of secondary plant nutrients and micro plant nutrients if guaranteed, claimed, or advertised.
DACS Fertilizer Regulation • § 576.045 - Nitrogen and phosphorus; findings and intent; fees; purpose; best-management practices; waiver of liability; compliance; rules; exclusions; expiration • § 576.051 - Inspection, sampling, analysis • § 576.061 - Plant nutrient investigational allowances, deficiencies, and penalties
DACS Fertilizer Regulation • § 576.085 - Minimum plant nutrient content • § 576.101 - Cancellation, revocation, and suspension; probationary status • § 576.111 - Stop-sale, stop-use, removal, or hold orders
DACS Fertilizer Regulation • § 576.122 - Seizure, condemnation, and sale • § 576.132 - Recovery of damages • § 576.151 - Prohibited acts
§ 576.181 - Rulemaking • (2) The department is authorized, by rule, to implement, make specific, and interpret the provisions of this chapter, and specifically to: • determine the composition and uses of fertilizer as defined in this chapter, including, without limiting the foregoing general terms, the taking and handling of samples, the establishment of investigational allowances, deficiencies, and penalties where not specifically provided for in this chapter; • to prohibit the sale or use in fertilizer of any material proven to be detrimental to agriculture, public health, or the environment, or of questionable value; • to provide for the incorporation into fertilizer of such other substances as pesticides and proper labeling of such mixture; • and to prescribe the information which shall appear on the label other than specifically set forth in this chapter.