Oregon Fertilizer 

Program Guide

Licensing, Registration, and Labeling of 

Fertilizing Materials

Oregon Department of Agriculture

Salem Oregon

April 2011

STATE OF OREGON

D

E

PART M ENT OF AGRIC ULTU

R

E
ii | Oregon Fertilizer Program Guide: 

Oregon Department of Agriculture

Pesticides Division

635 Capitol St NE

Salem OR 97301-2532

503-986-4635

http://oregon.gov/ODA/PEST/fertilizer.shtml

Published 4/2011
Oregon Fertilizer Program Guide: | iii

Contents

Introduction 1

Laws and Regulations 2

General Product Registration Information 3

Application Requirements 3

Registration Fees 3

Laboratory Analysis Requirements . . . . . . . . . . . . . . . . . . . . . . 3

Annual Registration Renewal. . . . . . . . . . . . . . . . . . . . . . . . . 3

Registering Humic Acid Products 3

Registering Products with 

Waste-derived Ingredients 4

Labeling Requirements 5

Fertilizers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Agricultural Minerals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Agricultural Amendments 12

Lime Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

Mislabeling and Adulteration 17

Guidance for Terms and Claims 18

Manufacturer-Bulk Distributor License 21

Custom Mixes 22

Tonnage Reporting and Inspection Fees 23

Enforcement 24

Appendix A: Oregon Revised Statutes 27

Appendix B: Additional Relevant Statutes 39

Appendix C: Oregon Administrative Rules 41
iv | Oregon Fertilizer Program Guide: 
Oregon Fertilizer Program Guide: Introduction | 1

The Oregon Department of Agriculture (ODA) Fertilizer 

Program inspects and registers fertilizer, agricultural mineral, 

lime, and agricultural amendment products (referred to 

as “products” in this document) distributed in Oregon. 

“Distribution” includes import, consignment, sale, offer 

of sale, barter, or other exchange or facilitation to supply 

fertilizer, agricultural amendment, agricultural mineral, 

or lime products. All of these products must be registered 

with ODA before they can be distributed in Oregon. These 

materials are monitored and regulated to provide:

1. uniform and accurate product labeling.

2. assurance, through sampling and analysis, that products 

provide the nutrients and other benefits advertised.

3. protection for Oregon’s environment and natural 

resources from heavy metals, excess nutrients, and other 

contaminants.

4. support for a fertilizer research and development 

program that funds research projects on the interactions 

of products with ground or surface water.

This guide explains the process for registering products, 

including application requirements and labeling. Following 

the standards explained in this guide can significantly reduce 

the time and effort needed to successfully register a product 

in Oregon. There are also helpful notes—Western Interstate 

Requirements—explaining how, with minimal additional 

effort, a label may meet some of the additional labeling 

standards of California, Washington, and Idaho. However, 

please note that although this guide offers general advice, the 

laws of each state are the final standard for labeling, licensing, 

and registration requirements. Links to fertilizer laws and 

contact information for each state’s fertilizer program are 

listed as follows.

Oregon

Oregon Department of Agriculture

Fertilizer Program

635 Capitol Street NE

Salem, OR 97301-2532

Phone: 503-986-4635

Fax: 503-986-4735

http://oregon.gov/ODA/PEST/fertilizer.shtml

California

California Department of Food and Agriculture Feed, 

Fertilizer and Livestock Drug Program

1220 N Street

Sacramento, CA 95814

Phone: 916-445-0444

Fax: 916-445-2171

http://www.cdfa.ca.gov/is/fflders/fertilizer.html

Fertilizer Registration e-mail: fertilizer@cdfa.ca.gov

Washington

Washington State Department of Agriculture

Natural Resources Building

1111 Washington Street, PO Box 42589

Olympia, WA 98504-2589

Toll-free: 1-877-301-4555

Fax: 360-902-2093

http://agr.wa.gov/PestFert/Fertilizers

Fertilizer Registration e-mail: fertreg@agr.wa.gov

Idaho

Idaho Department of Agriculture

Division of Plant Industries

Feed & Fertilizer Section

P.O. Box 790

Boise, ID 83701

Phone: (208) 332-8625

Fax: (208) 334-2283

http://www.agri.state.id.us/Categories/PlantsInsects/FFSP/

indexFeedFertSPHome.php

Introduction 1
2 | Oregon Fertilizer Program Guide: Laws and Regulations

Oregon’s Fertilizer Law protects consumers by ensuring 

that fertilizer products are properly identified, the quality 

represented by the manufacturer is accurate, and human 

health and the environment are protected.

Oregon’s Fertilizer Law is contained in Oregon Revised 

Statutes (ORS) Chapter 633, with the additional Oregon 

Administrative Rules required to administer the program in 

Oregon Administrative Rules (OAR) 603-059-0020 through 

603-059-0100. 

Highlights

All products must be registered with the Oregon Department 

of Agriculture (ODA) prior to sale or distribution in Oregon. 

(Introduction, page 1)

Application for registration for all products must include 

laboratory data on the total levels of arsenic (As), cadmium 

(Cd), mercury (Hg), lead (Pb), and nickel (Ni). (General 

Product Registration Information, page 3)

Each product label must have a valid heavy metals internet 

statement. (Labeling Requirements, page 5)

Products containing waste-derived ingredients have 

special requirements for identifying and classifying those 

waste-derived ingredients. (General Product Registration 

Information, page 3)

A product label must be approved by ODA before the 

product may be registered, sold, or distributed. (Labeling 

Requirements, page 5)

Ingredients other than primary nutrients, secondary 

nutrients, and micronutrients that are claimed or advertised 

must be guaranteed, determinable by lab analysis, and listed 

on the label as NON-PLANT FOOD INGREDIENT(S). 

(pages 6, 10, 12)

All labels must have a statement declaring the sources 

of all guaranteed primary nutrients, secondary nutrients, 

micronutrients, and non-plant food ingredients. (Labeling 

Requirements, pg. 5)

Microbiological inoculum products have additional labeling 

requirements. (pgs. 6, 7, 14)

Manufacturers and bulk distributors of products must obtain 

a Manufacturer-Bulk Distributor License. (ManufacturerBulk Distributor Licenses, pg. 21)

Custom mix products have special record-keeping 

requirements. (Custom Mixes, pg. 22)

Inspection fees must be paid on all products, except lime 

products, manufactured, sold, or distributed into Oregon. 

(Tonnage Reporting and Inspection Fees, pg. 23)

Tonnage reports on all products manufactured, sold, or 

distributed into Oregon must be submitted to ODA every six 

months. (Tonnage Reporting and Inspection Fees, pg. 23)

Laws and Regulations 2
Oregon Fertilizer Program Guide: General Product Registration Information | 3

Application Requirements

Note: Application must be approved by the department prior 

to any sale, offer of sale, or distribution of the product into 

Oregon. Application is not registration.

Provide to ODA (do not send product samples):

♦ a completed product registration application form

♦ a legible copy of each product label

♦ registration fees (see “registration fees” below)

♦ a laboratory analysis listing the total levels of arsenic 

(As), cadmium (Cd), mercury (Hg), lead (Pb), and nickel 

(Ni) in each product.

Registration application forms are available online at: 

http://oregon.gov/ODA/PEST/fertilizer.shtml 

Registration Fees

♦ Registration fee is $25 per product per calendar year.

♦ An additional product evaluation fee of $50 per product 

per calendar year will be assessed for products that 

require supplemental research to evaluate labeling claims, 

and for all waste-derived products.

♦ Registration fees and product evaluation fees are not 

refundable.

♦ A late fee of $25 per product may be assessed for 

products not reregistered within 30 days of registration 

expiration.

Laboratory Analysis Requirements

A complete application for product registration must include 

a laboratory analysis listing the total levels of arsenic (As), 

cadmium (Cd), mercury (Hg), lead (Pb), and nickel (Ni) in 

each product.

The analysis must also indicate the laboratory methodology 

used and the minimum detection limits for each of the 

elements reported. Minimum detection limits are as follows:

Arsenic 10.0 ppm

Cadmium 5.0 ppm

Lead 5.0 ppm

Mercury 0.2 ppm

Nickel 5.0 ppm

Analysis must be conducted within the 18 month period 

prior to application submission.

Annual Registration Renewal

Notices for re-registration of previously registered products 

are mailed to registrants in November. Applications to reregister products are considered delinquent if received after 

January 30 and may be assessed a late fee of $25 per product. 

Registering Humic Acid Products

Registrants of products guaranteeing humic acid content 

should verify that the humic acid label guarantees have 

been developed using California Department of Food and 

Agriculture (CDFA) laboratory method HA4/JC. Other 

laboratory methods may produce significantly higher humic 

acid results than CDFA laboratory method HA4/JC.

ODA uses CDFA laboratory method HA4/JC for analyzing 

marketplace samples and any subsequent enforcement action. 

Products found in the marketplace with deficient guaranteed 

humic acid content are subject to enforcement action. 

General Product Registration Information 3
4 | Oregon Fertilizer Program Guide: General Product Registration Information

Registering Products with 

Waste-derived Ingredients

♦ All waste-derived products require an additional $50 

annual fee for product evaluation and supplemental 

research.

♦ Registration of any product containing waste-derived 

ingredient(s) must identify the industry, industrial 

process, Standard Industrial Classification (SIC) 

or North American Industry Classification System 

(NAICS) code, and the location that generated the 

waste-derived ingredient.

Western Interstate Requirements: The metals included in 

the required laboratory analysis vary between the states. 

California requires analysis for arsenic (As), cadmium (Cd), 

cobalt (Co), copper (Cu), lead (Pb), mercury (Hg), molybdenum 

(Mo), nickel (Ni), and selenium (Se). Washington requires 

analysis for arsenic (As), cadmium (Cd), cobalt (Co), mercury 

(Hg), molybdenum (Mo), nickel (Ni), lead (Pb), selenium (Se) 

and zinc (Zn). In Idaho, registration of waste-derived products 

requires an analysis for arsenic (As), cadmium (Cd), mercury 

(Hg), lead (Pb), and selenium (Se).
Oregon Fertilizer Program Guide: Labeling Requirements  | 5

Before a product may be sold or distributed in Oregon, 

the product label must be approved by ODA during the 

registration process. This is to ensure the product label 

complies with Oregon law and that the product is deemed 

reasonably effective for its intended purpose. Any changes 

made to a previously approved label must be reviewed and 

approved before product bearing the amended label can be 

sold or distributed in Oregon.

What products must be labeled?

♦ All packaged materials must have an approved printed 

label attached or applied to the package.

♦ Bulk materials must be physically accompanied by a 

separate label document which is furnished to the user 

or purchaser of each separate delivery, or when the last 

delivery is made of the entire lot or sale.

What information needs to be on a label?

The printed label of both packaged and bulk products must 

include

1. product name

2. net weight or volume

3. name and mailing address of the manufacturer, 

distributor or registrant

4. product grade if primary nutrients are claimed

5. guaranteed analysis

6. derivation statement declaring sources of primary 

nutrients, secondary nutrients, and micronutrients

7. identity and amount of ingredients other than primary 

nutrients, secondary nutrients and micronutrients that 

are claimed or advertised

8. heavy metals internet statement.

Some microbiological inoculants that are also human 

pathogens require a cautionary statement on the product 

label. As of January 1, 2010, this list includes, Bacillus 

cereus, Enterococcus faecium, Pseudomonas aeruginosa, and 

Pseudomonas alcaligenes. This list is subject to change, so 

please contact the department for the latest list.

Examples of labels and the specific labeling requirements 

for each type of product—fertilizer, agricultural mineral 

(including gypsum), agricultural amendment, and lime—are 

shown on the following pages.

Labeling Requirements 4
6 | Oregon Fertilizer Program Guide: Labeling Requirements

Fertilizers

Definition: A product is considered a fertilizer in Oregon 

if it contains 5 percent or more of Total Nitrogen (N), 

Available Phosphate (P2O5), or Soluble Potash (K2O), 

singly, collectively, or in combination. The term fertilizer 

does not include products registered as agricultural minerals, 

agricultural amendments, or limes; hays; straws; peat; leaf 

mold; compost; or unpackaged animal and vegetable manures 

that do not contain a grade statement or guaranteed analysis. 

(For a more complete definition, see ORS 633.311.)

Specific labeling requirements

1. Product name. The name must not be misleading, as to 

the purpose and guarantees.

2. Grade. The grade must exactly match the guaranteed 

analysis for N—P2O5—K2O.

3. Guaranteed Analysis. The guaranteed analysis must 

list the minimum levels of any nutrients claimed. Label 

requirements include:

a. The sum of the N—P2O5—K2O values must be equal 

to or greater than 5 percent.

b. The sum of the guaranteed forms of nitrogen must 

equal the total nitrogen guarantee.

c. The guaranteed analysis of secondary or 

micronutrients must be made on an elemental basis. 

If chelated, water soluble or other forms are claimed 

or advertised, the form and percentage must be 

guaranteed separately.

d. The guaranteed analysis, and all other claims, must be 

stated on an “as-is” basis.

e. Zero guarantees should not be made on the label. 

Western Interstate Requirements: Oregon, Washington, 

California, and Idaho do not allow label guarantees of 

nutrients below a set minimum.

f. The identity and amount of ingredients other 

than primary, secondary or micronutrients that are 

claimed or advertised, including the percentage 

of all ingredients contained in the product, in 

terms prescribed by ODA should be listed as 

“ALSO CONTAINS NON-PLANT FOOD 

INGREDIENT(S).” 

Western Interstate Requirements: California requires the 

heading, “ALSO CONTAINS NON-PLANT FOOD INGREDIENT(S):,” 

be in all capital letters.

4. Derivation Statement. “Derived from...” List the 

ingredient sources for primary nutrients, secondary 

nutrients, and micronutrients guaranteed. No brand 

names, abbreviations, trademarks, or trade names may 

appear in the derivation statement.

5. Heavy Metals Internet Statement. Each product label 

must include one of the three following statements:

a. Information regarding the contents and levels of 

metals in this product is available on the internet at 

http://www.aapfco.org/metals.htm

b. Information regarding the contents and levels of 

metals in this product is available at the Oregon 

Department of Agriculture internet site: 

http://oda.state.or.us/fertilizer

c. Information regarding the contents and levels of 

metals in this product is available on the internet at 

http://www.regulatory-info-xx.com 

Each registrant must substitute a unique alpha 

numeric identifier for “xx.” This statement may be 

used only if the registrant establishes and maintains 

the internet site and the internet site meets the 

following criteria:

i. There is no advertising or company-specific 

information on the site.

ii. There is a clearly visible, direct hyperlink to 

ODA’s internet site specified in statement b 

above. 

Western Interstate Requirements: The first statement 

above—“Information regarding the contents and levels 

of metals in this product is available on the internet at 

http://www.aapfco.org/metals.htm”—satisfies the label 

requirements of Oregon, Washington, and California, 

assuming proper laboratory analysis has been submitted to 

the state in question. Idaho does not currently require a heavy 

metals internet statement. Using this commonly accepted 

statement may save you months of valuable time and costly 

label revisions.

6. Measurement.

a. Net weight

b. Volume (for liquid products)

c. Density (lbs/gal at 68° F) for bulk liquids.

Western Interstate Requirements: California requires 

measurements be provided in both US and metric 

measurements. California also requires a density (lbs/gal at 

68° F) measurement for bulk liquids.
Oregon Fertilizer Program Guide: Labeling Requirements  | 7

Bob’s Best Blend

12-4-9

GUARANTEED ANALYSIS

Total Nitrogen (N)................................................ 12.0%

1.3% Ammoniacal Nitrogen

1.3% Nitrate Nitrogen

1.1% Urea Nitrogen

1.9% Slowly Available Water Soluble Nitrogen*

6.4% Water Insoluble Nitrogen*

Available Phosphate (P2O5) .................................. 4.0%

Soluble Potash (K2

O) ............................................ 9.0%

Calcium (Ca) ......................................................... 5.8%

Magnesium (Mg) ................................................... 4.5%

Sulfur (S)............................................................... 4.3%

4.3% Combined Sulfur (S)

Boron (B)............................................................... 0.14%

Cobalt (Co)............................................................ 0.017%

Copper (Cu) .......................................................... 0.14%

Iron (Fe) ................................................................ 1.50%

0.64% Chelated Iron (Fe)

Molybdenum (Mo) ................................................. 0.02%

Zinc (Zn)................................................................ 1.0%

0.70% Water Soluble Zinc (Zn)

Derived from: Triple Super Phosphate, Ureaform, Muriate of 

Potash, Sulfate of Potash Magnesia, Dolomite, Sodium 

Borate Cobalt Sulfate, Copper Oxide, Iron Oxide, Iron 

Ethylenediaminetetraacetate (EDTA), Sodium Molybdate, 

Zinc Oxide, and Zinc Sulfate.

* 8.3% Slowly Available Nitrogen from Ureaform

WARNING – Product contains boron and molybdenum. 

Do not apply to boron sensitive crops. Do not apply to 

crops that will be grazed by ruminant animals.

Information regarding the contents and levels of metals in 

this product is available on the internet at 

http://www.aapfco.org/metals.htm

Universal Exports

P.O. Box 7

Salem, OR 97007

Net Weight – 25 lbs.

❶ Product Name.

❷ Grade Statement. 

❸ Guaranteed 

Analysis 

Statement

The Guaranteed 

Analysis must be 

stated on an "as-is" 

basis. 

The guarantees for the 

forms of nitrogen must 

add up to the total 

nitrogen guarantee.

The guaranteed 

analysis of secondary 

or micronutrients must 

be made on an 

elemental basis. 

When chelated, water 

soluble or other forms 

are claimed or 

advertised, the form 

and percentage must 

be guaranteed 

separately.

❹ Derivation 

Statement.

Source of ingredients 

providing nutrients 

claimed in guaranteed 

analysis.

No brand names, 

abbreviations, 

trademarks or trade 

names are allowed in 

the derivation 

statement.

➎ Heavy Metals Internet Statement.

❻ Net Weight or 

Volume.

❼ Name and 

mailing address 

of registrant, 

distributor or 

manufacturer.

❽ Boron and 

Molybdenum.

ProProducts with 

boron levels over 

0.1% or molybdenum 

levels over 0.001% 

must include a 

warning or cautionary 

statement indicating 

the product is to be 

used only according 

to the manufacturer’s 

recommendations or 

directions.

Label 1: Required Elements of a Fertilizer 

Product Label
8 | Oregon Fertilizer Program Guide: Labeling Requirements

7. Name and mailing address. Name and mailing address 

of registrant, distributor, or manufacturer.

8. Boron and molybdenum warnings. Products with 

boron levels over 0.1 percent or molybdenum levels over 

0.001 percent must include a warning or cautionary 

statement indicating that the product contains boron 

or molybdenum and is to be used only according to the 

manufacturer’s recommendations or directions. 

Western Interstate Requirements: California requires that 

when cautionary or warning statements are required, 

CAUTION or WARNING must be in all capital letters.

Other label requirements

Microbiological inoculum. If the product contains, or is 

intended to be used as, a microbiological inoculum, include 

the following:

♦ a specific product expiration date (e.g. month/year)

♦ the number of viable organisms per milliliter for liquid 

products or per gram for dry products

♦ the identification of each viable organism expressed as 

genus and species, and if applicable, strain

♦ inclusion of any strain of organism known to US EPA to 

have pesticidal properties requires a statement describing 

the non-pesticidal purpose(s) of the organism in the 

product. 

Western Interstate Requirements: In addition to the 

requirements above, California requires a statement of proper 

storage conditions, and a generally accepted laboratory 

method for assaying the viable and attenuated units and the 

by-products claimed with the registration application.

Fertilizer product tonnage reporting and 

inspection fees

♦ An individual or company that creates a product in 

Oregon, or is the first to sell or distribute a product into 

Oregon, is responsible for payment of 35 cents per ton 

inspection fee.

♦ Products which are 100 percent compost have an 

inspection fee of 5 cents per ton.

♦ Inspection fees must be paid, and reports of tonnage 

submitted, two times a year. ODA may suspend or deny 

registration of products until the tonnage report is filed 

and any outstanding inspection fees are paid.

♦ A late fee of 10 percent or $25, whichever is greater, is 

attached to unpaid inspection fees.

Agricultural Minerals

Definition: A product is considered an agricultural mineral 

in Oregon if it contains less than 5 percent of Total Nitrogen 

(N), Available Phosphate (P2O5), or Soluble Potash (K2O), 

singly, collectively, or in combination. Agricultural minerals 

are those products that contain secondary nutrients (calcium, 

magnesium, sulfur), and/or micronutrients (boron, chlorine, 

cobalt, copper, iron, manganese, molybdenum, sodium, zinc) 

as their primary ingredients. (For a more complete definition 

see ORS 633.311.)

Specific labeling requirements

1. Product Name. The name must not be misleading as to the 

purpose and guarantees.

2. Guaranteed Analysis. Guaranteed analysis must list the 

minimum levels of any nutrients claimed. 

a. The sum of the N—P2O5—K2O (values must be less 

than 5 percent).

b. The sum of the guaranteed forms of nitrogen must 

equal the total nitrogen guarantee.

c. The guaranteed analysis of secondary or micronutrients 

must be made on an elemental basis. If chelated, water 

soluble or other forms are claimed or advertised, the 

form and percentage must be guaranteed separately.

d. The guaranteed analysis must be stated on an “as is” 

basis.

e. The guaranteed analysis of gypsum products may 

list the common name of the product as gypsum or 

calcium dihydrate (see Example Label 4), but the 

guaranteed analysis must be made in terms of calcium 

dihydrate (CaSO4 • 2H2O). 

Western Interstate Requirements: Oregon, Washington, 

California, and Idaho do not allow label guarantees of 

nutrients below a set minimum.

3. Derivation Statement. “Derived from...” List the 

ingredient sources for the above guarantees. No brand 

names, abbreviations, trademarks, or trade names may 

appear in the derivation statement.

4. Heavy Metals Internet Statement. Each product label 

must include one of the three following statements:

a. Information regarding the contents and levels of 

metals in this product is available on the internet at 

http://www.aapfco.org/metals.htm

b. Information regarding the contents and levels of 

metals in this product is available at the Oregon 

Department of Agriculture internet site: 

http://oda.state.or.us/fertilizer
Oregon Fertilizer Program Guide: Labeling Requirements  | 9

Q's Pre Mix

1-1-2

GUARANTEED ANALYSIS

Total Nitrogen (N).................................................. 1.0%

0.31% Water Soluble Organic Nitrogen

0.69% Water Insoluble Organic Nitrogen*

Available Phosphate (P2

O5) .................................. 1.0%

Soluble Potash (K2

O) ............................................ 2.0%

Calcium (Ca) ....................................................... 15.0%

Sulfur (S)............................................................... 5.0%

Boron (B)............................................................... 0.11%

Copper (Cu) .......................................................... 0.17%

0.17% Water Soluble Copper (Cu)

Iron (Fe) ................................................................ 6.0%

6.0% Water Soluble Iron (Fe)

Manganese (Mn)................................................... 0.6%

0.6% Water Soluble Manganese (Mn)

Molybdenum (Mo) ................................................. 0.003%

Zinc (Zn)................................................................ 2.0%

0.5% Chelated Zinc (Zn)

Derived from: Composted Poultry Manure, Rock 

Phosphate, Sulfate of Potash, Calcium Sulfate, Boric Acid, 

Copper Sulfate, Ferrous Sulfate, Manganese Sulfate, 

Ammonium Molybdate, and Zinc EDTA.

*0.69% Slowly Available Nitrogen from Composted Poultry 

Manure

ALSO CONTAINS NON-PLANT FOOD INGREDIENT(S):

5.0% Humic Acid (Derived from Leonardite)

0.055% Ethoxylated Alkyl Phenol Surfactant

WARNING—Product contains boron and molybdenum. Do 

not apply to boron sensitive crops. Do not apply to crops 

that will be grazed by ruminant animals. Use only 

according to manufacturer’s directions.

Information regarding the contents and levels of metals in 

this product is available on the internet at 

http://www.aapfco.org/metals.htm

Universal Exports

P.O. Box 7

Salem, OR 97007

Net Weight – 50 lbs.

❶ Product Name.

❷ Guaranteed 

Analysis 

Statement.

The Guaranteed 

Analysis must be 

stated on an "as-is" 

basis. 

The guarantees for the 

forms of nitrogen must 

add up to the total 

nitrogen guarantee.

The guaranteed 

analysis of secondary 

or micronutrients must 

be made on an 

elemental basis. 

When chelated, water 

soluble or other forms 

are claimed or 

advertised, the form 

and percentage must 

be guaranteed 

separately.

❸ Derivation 

Statement.

Source of ingredients 

providing nutrients 

claimed in guaranteed 

analysis.

No brand names, 

abbreviations, 

trademarks or trade 

names are allowed in 

the derivation 

statement.

➍ Heavy Metals 

Internet 

Statement.

❺ Net Weight or Volume.

❻ Name and 

mailing address 

of registrant, 

distributor or 

manufacturer.

❼ Non-Plant Food 

Ingredients.

Identity and amount 

of ingredients other 

than primary, 

secondary or 

micronutrients that 

are claimed or 

advertised.

❽ Boron and 

Molybdenum.

Products with boron 

levels over 0.1% or 

molybdenum levels 

over 0.001% must 

include a warning or 

cautionary statement 

indicating the product 

is to be used only 

according to the 

manufacturer’s 

recommendations or 

directions.

❾ Grade Statement. 

Label 2: Required Elements of a Standard 

Agricultural Mineral Product
10 | Oregon Fertilizer Program Guide: Labeling Requirements

c. Information regarding the contents and levels of 

metals in this product is available on the internet at 

http://www.regulatory-info-xx.com. Each registrant 

must substitute a unique alpha numeric identifier for 

“xx.” This statement may be used only if the registrant 

establishes and maintains the internet site and the 

internet site meets the following criteria:

i. There is no advertising or company-specific 

information on the site.

ii. There is a clearly visible, direct hyperlink to ODA’s 

internet site specified in Statement b above. 

Western Interstate Requirements: The first statement 

above—Information regarding the contents and levels 

of metals in this product is available on the internet at 

http://www.aapfco.org/metals.htm—satisfies the label 

requirements of Oregon, Washington, and California, 

assuming proper laboratory analysis has been submitted to 

the state in question. Idaho does not currently require a heavy 

metals internet statement. Using this commonly accepted 

statement may save you months of valuable time and costly 

label revisions.

5. Measurement.

a. Net weight (dry products)

b. Volume (for liquid products)

c. Density (lbs/gal at 68° F) for bulk liquids.

Western Interstate Requirements: California requires 

measurements be provided in both US and metric 

measurements. California also requires a density (lbs/gal at 

68° F) measurement for bulk liquids.

6. Name and mailing address. Name and mailing address 

of registrant, distributor, or manufacturer.

7. Non-Plant Food ingredients. The identity and 

amount of ingredients other than primary, secondary or 

micronutrients that are claimed or advertised. 

Western Interstate Requirements: California requires the 

heading, “ALSO CONTAINS NON-PLANT FOOD INGREDIENT(S):,” 

be in all capital letters.

8. Boron and Molybdenum warnings. Products with 

boron levels over 0.1 percent or molybdenum levels over 

0.001 percent must include a warning or cautionary 

statement indicating that the product contains boron 

or molybdenum and is to be used only according to the 

manufacturer’s recommendations or directions.

Western Interstate Requirements: California requires that 

when cautionary or warning statements are required, 

CAUTION or WARNING must be in all capital letters.

9. Grade. The grade should exactly match the guaranteed 

analysis for N—P2O5—K2O.

Other label requirements

Microbiological inoculum. If the product contains or is 

intended to be used as a microbiological inoculum, include 

the following:

♦ a specific product expiration date (e.g. month/year)

♦ the number of viable organisms per milliliter for liquid 

products or per gram for dry products

♦ the identification of each viable organism expressed as 

genus and species, and if applicable, the specific strain

♦ for any strain of organism known to US EPA to 

have pesticidal properties, please include a statement 

describing the non-pesticidal purpose(s) of the organism.

Western Interstate Requirements: In addition to the 

requirements above, California requires a statement of proper 

storage conditions, and a generally accepted laboratory 

method for assaying the viable and attenuated units and the 

by-products claimed with the registration application.

Gypsum products

Calcium sulfate. The percentage of calcium sulfate, if the 

product is gypsum, landplaster or plaster, or is an agricultural 

mineral in which calcium sulfate dihydrate (CaSO4 • 2H2O) 

is the principal ingredient.

Ag mineral tonnage reporting and 

inspection fees

♦ An individual or company that creates a product in 

Oregon, or is the first to sell or distribute a product into 

Oregon, is responsible for payment of 35 cents per ton 

inspection fee, except for gypsum products.

♦ The first individual or company to sell or distribute a 

gypsum product into Oregon, or if a gypsum product is 

created in Oregon, is responsible for payment of 3 cents 

per ton inspection fee.

♦ Registered products which are 100 percent compost have 

an inspection fee of 5 cents per ton.

♦ Inspection fees must be paid, and reports of tonnage 

submitted, two times a year. ODA may suspend or deny 

registration of products until the tonnage report is filed 

and any outstanding inspection fees are paid.
Oregon Fertilizer Program Guide: Labeling Requirements  | 11

Don’t Get Gyped! Brand

Gypsum

GUARANTEED ANALYSIS

Calcium (Ca) .................................................... 22%

Sulfur (S).......................................................... 16%

Calcium Sulfate Dihydrate (CaSO4

 • 2H2O) ..... 84%

Derived from gypsum.

Information regarding the contents and levels of metals in 

this product is available on the internet at 

http://www.aapfco.org/metals.htm

Universal Exports

P.O. Box 7

Salem, OR 97007

Net Weight – 50 lbs.

❶ Product Name.

❷ Guaranteed 

Analysis 

Statement.

The Guaranteed 

Analysis must be 

stated on an "as-is" 

basis. 

❸ Derivation 

Statement.

Source of ingredients 

providing nutrients 

claimed in guaranteed 

analysis.

➍ Heavy Metals 

Internet 

Statement.

❻ Name and 

mailing address 

of registrant, 

distributor or 

manufacturer.

❺ Net Weight or 

Volume.

❶ Product Name.

❷ Guaranteed 

Analysis 

Statement.

The Guaranteed 

Analysis must be 

stated on an "as-is" 

basis. 

❸ Derivation 

Statement.

Source of ingredients 

providing nutrients 

claimed in guaranteed 

analysis.

➍ Heavy Metals 

Internet 

Statement.

❻ Name and 

mailing address 

of registrant, 

distributor or 

manufacturer.

❺ Net Weight or 

Volume.

Don’t Get Gyped! Brand

Gypsum

GUARANTEED ANALYSIS

Calcium (Ca) .................................................... 22%

Sulfur (S).......................................................... 16%

Gypsum (CaSO4

 • 2H2O) ................................. 84%

Derived from gypsum.

Information regarding the contents and levels of metals in 

this product is available on the internet at 

http://www.aapfco.org/metals.htm

Universal Exports

P.O. Box 7

Salem, OR 97007

Net Weight – 50 lbs.

—or—

Label 3: Required Elements of a Gypsum 

Agricultural Mineral Product Label
12 | Oregon Fertilizer Program Guide: Labeling Requirements

♦ A late fee of 10 percent or $25, whichever is greater, is 

attached to unpaid inspection fees.

Agricultural Amendments

Definition: A product is considered an agricultural 

amendment in Oregon if it does not contain guaranteed 

amounts of primary nutrients [Total Nitrogen (N), 

Available Phosphate (P2O5), Soluble Potash (K2O)], 

secondary nutrients (calcium, magnesium, sulfur), and/

or micronutrients (boron, chlorine, cobalt, copper, iron, 

manganese, molybdenum, sodium, zinc), but may promote 

plant growth or produce physical, microbial, or chemical 

changes in the soil. Typical agricultural amendments are 

biological inoculums, surfactants, wetting agents, and humic 

acid. (For a more complete definition see ORS 633.311.)

Specific labeling requirements

1. Product Name. The name must not be misleading as to 

the purpose and guarantees.

2. Guaranteed Analysis. Guaranteed analysis must list 

the minimum levels of any substance claimed. Label 

requirements include

a. The guaranteed analysis must be stated on an “as is” 

basis

b. The guaranteed analysis must contain the name and 

percentage of each substance intended to be used as, 

to induce crop yields or plant growth or to produce 

any physical, microbial, or chemical change in the 

soil, listed consecutively, followed by the percentage 

of other substances intended to be inert ingredients.

c. Guaranteed ingredients will be listed on label under 

the heading, “CONTAINS NON-PLANT FOOD 

INGREDIENT(S).”

3. Non-Plant Food Ingredients. The identity and 

amount of ingredients other than primary, secondary or 

micronutrients that are claimed or advertised, including 

the percentage of all ingredients contained in the 

product, in terms prescribed by ODA. 

Western Interstate Requirements: California requires the 

heading, “CONTAINS NON-PLANT FOOD INGREDIENT(S):,” be in 

all capital letters.

4. Cautionary Statement. Some microbiological inoculants 

that are also human pathogens require a cautionary 

statement on the product label. As of January 1, 2010, 

this list includes, Bacillus cereus, Burkholderia multivorans, 

Enterococcus faecium, Pseudomonas aeruginosa, and 

Pseudomonas alcaligenes. This list is subject to change, so 

please contact the department for the latest list. 

The department does not have prescribed wording for 

this statement, but it should address the most common 

methods of pathogenic transmission for the species. 

For example, a cautionary statement for Pseudomonas 

aeruginosa might state: “Do not swallow. Avoid breathing 

dust. Avoid contact with eyes, open sores, or cuts. Wash 

exposed skin thoroughly after use.”

5. Heavy Metals Internet Statement. Each product label 

must include one of the three following statements:

a. Information regarding the contents and levels of 

metals in this product is available on the internet at 

http://www.aapfco.org/metals.htm

b. Information regarding the contents and levels of 

metals in this product is available at the Oregon 

Department of Agriculture internet site: 

http://oda.state.or.us/fertilizer

c. Information regarding the contents and levels of 

metals in this product is available on the internet at 

http://www.regulatory-info-xx.com 

Each registrant must substitute a unique alpha 

numeric identifier for “xx.” This statement may be 

used only if the registrant establishes and maintains 

the internet site and the internet site meets the 

following criteria:

i. There is no advertising or company-specific 

information on the site.

ii. There is a clearly visible, direct hyperlink to 

ODA’s internet site specified in Statement b 

above. 

Western Interstate Requirements: The first statement 

above—Information regarding the contents and levels 

of metals in this product is available on the internet at 

http://www.aapfco.org/metals.htm—satisfies the label 

requirements of Oregon, Washington, and California, 

assuming proper laboratory analysis has been submitted to 

the state in question. Idaho does not currently require a heavy 

metals internet statement. Using this commonly accepted 

statement may save you months of valuable time and costly 

label revisions.

6. Measurement.

a. Net weight (dry products)

b. Volume (for liquid products)

c. Density (lbs/gal at 68° F) for bulk liquids.

Western Interstate Requirements: California requires 

measurements be provided in both US and metric 

measurements. California also requires a density (lbs/gal at 

68° F) measurement for bulk liquids.
Oregon Fertilizer Program Guide: Labeling Requirements  | 13

SUPER—VAM!

An inoculum product for establishing populations of 

ectomycorrhizal and endomycorrhizal fungi, and beneficial 

bacteria in steam sterilized potting media.

CONTAINS NON-PLANT FOOD INGREDIENT(S):

Active Ingredients: 

Glomus intraradices ....................60 propagules/gm

Glomus mosseae ........................60 propagules/gm

Glomus aggregatum ...................60 propagules/gm

Pisolithus tinctorius .....................60 propagules/gm

Rhizopogon villosuli ....................60 propagules/gm

Rhizopogon fulvigleba.................60 propagules/gm

Bacillus cereus..................................10,000 cfu/gm

Bacillus subtilis..................................10,000 cfu/gm

5% ......................Humic acid (from Leonardite)

1% ..................................................Vitamin B-1

1% ........................Yucca schidigera Surfactant

2% ..........Kelp extract (Ascophyllum nodosum)

91% Inert ingredients

Expiration Date: 9/2012

After this date the microbial inoculant portion of this 

product may begin to lose effectiveness.

Application Directions: Incorporate 2 pounds of 

SUPER-VAM! per yard of steam-sterilized soilless media. 

Use with 7 days of incorporation.

Do not swallow. Avoid breathing dust. Avoid contact with 

eyes, open sores, or cuts. Wash exposed skin thoroughly 

after use. Keep out of reach of children and pets.

Information regarding the contents and levels of metals in 

this product is available on the internet at 

http://www.aapfco.org/metals.htm

Universal Exports

P.O. Box 7

Salem, OR 97007

Net Weight—10 lbs

❶ Product Name.

❷ Guaranteed 

Analysis 

Statement.

❸ Non-Plant Food 

Ingredients.

Name and 

percentage of each 

substance intended to 

induce crop yields or 

plant growth, or to 

produce any physical, 

microbial, or chemical 

change in the soil, 

listed consecutively, 

followed by the 

percentage of other 

substances intended 

to be inert ingredients.

➍ Cautionary 

Statement.

Some species of 

beneficial bacteria 

require a cautionary 

statement.

❺ Heavy Metals 

Internet 

Statement.

❻ Net Weight or 

Volume.

❼ Name and 

mailing address 

of registrant, 

distributor or 

manufacturer.

❽ Directions for 

Application.

❾ Microbiological 

inoculum 

product.

Include the following:

• The number of 

each viable 

organism per 

milliliter for liquid 

products or per 

gram for dry 

products; and 

• The identification 

of each viable 

organism 

expressed as 

genus and 

species, and if 

applicable, strain.

• A product 

expiration date.

❿ Purpose of the 

product.

require a cautionary Do not swallow. Avoid breathing dust. Avoid contact with 

Label 4: Required Elements of an Agricultural 

Amendment Product Label
14 | Oregon Fertilizer Program Guide: Labeling Requirements

7. Name and mailing address. Name and mailing address 

of registrant, distributor, or manufacturer. 

8. Directions for Application.

9. Microbiological inoculum. If the product contains or 

is intended to be used as a microbiological inoculum, 

include the following:

a. A specific product expiration date (e.g. month/year).

b. The number of viable organisms per milliliter for 

liquid products or per gram for dry products.

c. The identification of each viable organism expressed 

as genus and species, and if applicable, strain.

d. Inclusion of any strain of organism known to 

US EPA to have pesticidal properties requires a 

statement describing the non-pesticidal purpose(s) of 

the organism in the product. 

Western Interstate Requirements: In addition to the 

requirements above, California registration applications 

requires a statement of proper storage conditions, and a 

generally accepted laboratory method for assaying the viable 

and attenuated units and the by-products claimed.

10. Purpose of the product.

Ag mineral tonnage reporting and 

inspection fees

♦ An individual or company that creates a product in 

Oregon, or is the first to sell or distribute a product into 

Oregon, is responsible for payment of 35 cents per ton 

inspection fee.

♦ Products which are 100 percent compost have an 

inspection fee of 5 cents per ton.

♦ Inspection fees must be paid, and reports of tonnage 

submitted, two times a year. ODA may suspend or deny 

registration of products until the tonnage report is filed 

and any outstanding inspection fees are paid.

♦ A late fee of 10 percent or $25, whichever is greater, is 

attached to unpaid inspection fees.

Lime Products

Definition: A product is considered a lime in Oregon 

if its calcium and magnesium compounds are capable of 

neutralizing soil acidity. (For a more complete definition see 

ORS 633.311.)

Specific labeling requirements

1. Product Name. The name must not be misleading as to 

the purpose and guarantees.

2. Guaranteed Analysis. Guaranteed analysis must list the 

minimum levels of any nutrients claimed. 

a. The guaranteed analysis must be stated on an “as is” 

basis.

b. The minimum percentage of calcium oxide (CaO) or 

calcium carbonate (CaCO3).

c. The minimum percentage of magnesium oxide 

(MgO) or magnesium carbonate (MgCO3).

d. The minimum total neutralizing power expressed in 

terms of calcium carbonate equivalent (CCE).

e. The percentage of product that will pass, respectively, 

a 100-mesh, 40-mesh, 20-mesh and 10-mesh sieve. 

The mesh size declaration may include a declaration 

of the percentage of product that will pass additional 

mesh sizes, but the mesh sizes specified in this 

paragraph must be included in the mesh size 

declaration.

f. The lime score (see OSU Extension Publication 

FG 52 “Fertilizer and Lime Materials” at http://

extension.oregonstate.edu/catalog/html/FG/

FG52-E).

g. The maximum moisture content if the moisture 

content is more than two percent, expressed in whole 

numbers as follows, “Moisture content does not 

exceed XX percent.”

3. Heavy Metals Internet Statement. Each product label 

must include one of the three following statements:

a. Information regarding the contents and levels of 

metals in this product is available on the internet at 

http://www.aapfco.org/metals.htm

b. Information regarding the contents and levels of 

metals in this product is available at the Oregon 

Department of Agriculture internet site: http://oda.

state.or.us/fertilizer

c. Information regarding the contents and levels of 

metals in this product is available on the internet at 

http://www.regulatory-info-xx.com Each registrant 

must substitute a unique alpha numeric identifier for 
Oregon Fertilizer Program Guide: Labeling Requirements  | 15

Willamette Row

Dolomite Lime

GUARANTEED ANALYSIS

Calcium (Ca) ....................................................... 22.4%

Magnesium (Mg) ................................................. 12.7%

Calcium Carbonate (CaCO3

)............................ 56%

Calcium Carbonate Equivalent (CCE) ........... 103%

Magnesium Carbonate (MgCO3)...................... 44%

Passing 100 Mesh Sieve ................................. 80%

Passing 40 Mesh Sieve ................................... 80%

Passing 20 Mesh Sieve ................................... 80%

Passing 10 Mesh Sieve ................................... 80%

Lime Score.......................................................... 98

Moisture Content Does Not Exceed................... 2%

Derived from Dolomite Limestone

Information regarding the contents and levels of metals in 

this product is available on the internet at 

http://www.aapfco.org/metals.htm

Universal Exports

P.O. Box 7

Salem, OR 97007

Net Weight—2,000 lbs.

❶ Product Name.

❷ Guaranteed 

Analysis 

Statement

The Guaranteed 

Analysis must include

• Minimum 

percentage of 

calcium oxide 

(CaO) or calcium 

carbonate (CaCO3

)

• Total neutralizing 

power expressed 

as calcium 

carbonate 

equivalent (CCE)

• Minimum 

percentage of 

Magnesium oxide 

(MgO) or 

magnesium 

carbonate (MgCO3

)

• Percentage of the 

product that will 

pass 100-mesh, 

40-mesh, 20-mesh 

and 10 mesh U.S. 

standard sieves.

• Lime Score. (See 

OSU Extension 

Publication FG 52, 

“Fertilizer and Lime 

Materials.” 

http://extension.ore

gonstate.edu/catalo

g/html/fg/fg52-e/)

• The maximum 

moisture content, if 

greater than 2%. 

Express as whole 

numbers.

❼ Specific Form of 

Lime.

❻ Derivation 

Statement.

Source of ingredients 

providing nutrients 

claimed in 

guaranteed analysis.

No brand names, 

abbreviations, 

trademarks or trade 

names may appear in 

the derivation 

statement.

❺ Name and 

mailing address 

of registrant, 

distributor or 

manufacturer.

❸ Heavy Metals Internet 

Statement.

❹ Net Weight or Volume.

Label 5: Required Elements of a Lime 

Product Label
16 | Oregon Fertilizer Program Guide: Labeling Requirements

“xx.” This statement may be used only if the registrant 

establishes and maintains the internet site and the 

internet site meets the following criteria:

i. There is no advertising or company-specific 

information on the site.

ii. There is a clearly visible, direct hyperlink to 

ODA’s internet site specified in statement b 

above. 

Western Interstate Requirements: The first statement 

above—Information regarding the contents and levels 

of metals in this product is available on the internet at 

http://www.aapfco.org/metals.htm—satisfies the label 

requirements of Oregon, Washington, and California, 

assuming proper laboratory analysis has been submitted to 

the state in question. Idaho does not currently require a heavy 

metals internet statement. Using this commonly accepted 

statement may save you months of valuable time and costly 

label revisions.

4. Measurement.

a. Net weight for dry products

b. Volume (for liquid products)

c. Density (lbs/gal at 68° F) for bulk liquids.

Western Interstate Requirements: California requires 

measurements be provided in both US and metric 

measurements. California also requires a density (lbs/gal at 

68° F) measurement for bulk liquids.

5. Name and mailing address. Name and mailing address 

of registrant, distributor, or manufacturer.

6. Derivation Statement. “Derived from...” List the 

ingredient sources for the above guarantees. No brand 

names, abbreviations, trademarks, or trade names may 

appear in the derivation statement.

7. Name of the specific form of lime. Forms of lime 

may include, but are not limited to, ground limestone, 

shells, burnt lime, lime hydrate, sugar lime, residue lime, 

dolomitic lime, lime sludge and waste lime.

Lime tonnage reporting and inspection fees:

♦ Lime products are exempt from inspection fees.

♦ Reports of tonnage are to be submitted two times a 

year, and late fees apply. ODA may suspend or deny 

registration of products until the tonnage report is filed 

and any outstanding fees are paid.
Oregon Fertilizer Program Guide: Mislabeling and Adulteration | 17

It is a violation of Oregon law to sell or distribute any 

product that

♦ is mislabeled.

♦ does not have a label approved by ODA.

♦ is not registered with ODA.

♦ does not accurately reflect the composition of the 

product.

♦ makes false or misleading claims.

♦ does not have adequate warning statements or directions 

for use necessary to protect humans, animals, water, 

aquatic life, soil, or beneficial plant life.

If the contents, ingredients, name, grade, or claims on a 

product label do not match the registered label, the product 

is mislabeled.

If the product label does not include all of the information 

required on the registered label, the product is mislabeled.

If the claims in any advertisement or promotional material 

do not match the registered label, the product is mislabeled.

If a microbiological inoculum product is missing the 

expiration date, or a required cautionary statement (see 

item 4, page 12) the product is mislabeled.

If a product label is missing an appropriate heavy metals 

internet statement, the product is mislabeled.

Western Interstate Requirements: In general, many states 

follow the guidelines established by the Association of 

American Plant Food Control Officials (AAPFCO). The general 

guidelines provided by the AAPFCO Uniform State Fertilizer 

Bill states no person shall distribute misbranded fertilizing 

materials. A product is misbranded if:

a. Its labeling is false or misleading in any particular.

b. It is distributed under the name of another fertilizing 

material.

c. It is not labeled as required by regulations of the state in 

which it is sold.

d. It purports to be, or is represented as, a fertilizing material, 

or is represented as containing a primary or secondary 

plant nutrient or micronutrients, or both, unless the plant 

nutrients conform to the definition of identity, if any, 

prescribed by regulation.

5 Mislabeling and Adulteration
18 | Oregon Fertilizer Program Guide: Guidance for Terms and Claims

Western Interstate Requirements: Even where laws do not 

address specific label terms, there are prohibitions against 

false and misleading claims. Avoiding terms with potential 

problems may save you months of valuable time and costly 

label revisions.

Definitions for organic and natural products

Organic. Organic ingredients were once part of living 

organisms, have an organic carbon base, are 100 percent 

natural, and are allowed in organic production by the USDA 

National Organic Program (NOP). An example would be 

kelp to which nothing has been added.

Natural. Natural ingredients are allowed in organic 

production by the NOP, are 100 percent natural (i.e. exist in 

nature) and may be altered from their original structure only 

by physical manipulation (e.g. ground, or screened), but do 

not have an organic carbon base. Examples would be mined 

limestone and muriate of potash, to which nothing has been 

added.

Organic-based. A mixed product in which more than half of 

the materials are organic. If it is an organic-based fertilizer, 

more than half of the sum of the guaranteed primary 

nutrient percentages must be derived from organic materials. 

If it is an organic-based agricultural mineral, more than half 

of the sum of the guaranteed nutrient percentages must be 

derived from organic materials.

Natural-based. A mixed product in which more than half 

of the materials are natural. If it is a natural-based fertilizer, 

more than half of the sum of the guaranteed primary 

nutrient percentages must be derived from natural materials. 

If it is a natural-based agricultural mineral, more than half 

of the sum of the guaranteed nutrient percentages must be 

derived from natural materials.

Natural and organic. Products containing both natural and 

organic ingredients may be listed as “natural and organic.” 

Product labels may list the proportions of these materials, i.e., 

“95 percent organic.” As an example a product made of 30 

percent blood meal, 20 percent bone meal, 20 percent kelp 

meal, and 30 percent greensand could be described as “70 

percent organic.”

Organic input. A product whose ingredients comply with 

the requirements of the NOP Final Rule as specified in 7 

CFR Part 205.

Allowed in organic production. This phrase is used to 

describe an input that complies with the requirements 

of the NOP Final Rule as specified in 7 CFR Part 205. 

Such ingredients may be used in organic production under 

certain circumstances, but may not be natural or organic. 

This definition also applies to other acceptable phrases 

used as descriptors which include, but are not limited to, 

“suitable for organic farming,” “acceptable for use in organic 

production,” “meets National Organic Program requirements 

for organic production,” “meets USDA standards for organic 

production,” or “suitable for organic gardening.” Product 

labels and labeling may not include any seal, logo, or similar 

device that would lead the consumer to believe the product 

has been approved for organic production under NOP.

Appropriate for organic production. An organic input 

that is evaluated by a USDA Accredited Certifying Agent 

(ACA) as meeting the requirements of the National Organic 

Program (NOP) Final Rule as specified in 7 CFR Part 205.

Only organic inputs that have been evaluated and deemed 

compliant with NOP may use the logos issued by ACAs. 

Only food, feed or fiber may be termed “organic certified.” 

The logo, or claim, may not state the input is “certified 

organic” unless it is certified as food, feed, or fiber.

Other definitions

Humic acid. Any of the various organic acids obtained from 

humus.

Humate. A salt or ester of humic acid.

No phosphate fertilizer. Fertilizer products with less than 

0.5 percent Available Phosphate (P2O5). This definition 

also applies to other acceptable phrases used as descriptors 

which include, but are not limited to, “phosphate free” and 

“phosphorus free.”

Low phosphate fertilizer. Fertilizer products with available 

phosphate levels (P2O5) of greater than 0.5 percent, but less 

than 1 percent.

Bioactive. A product with a guaranteed content of 

microbiological inoculum.

Guidance for Terms and Claims 6
Oregon Fertilizer Program Guide: Guidance for Terms and Claims | 19

Available silicon (Si). The soluble portion of the total silicon 

in a fertilizer known as monosilicic acid [Si(OH)4].

Enhanced, or enhanced efficiency. Fertilizer products with 

characteristics that minimize the potential of nutrient losses 

to the environment, as compared to a “reference soluble” 

product. Enhanced efficiency products include those that are

♦ Slow release. Fertilizer products that release (convert to 

a plant-available form) their plant nutrients at a slower 

rate relative to a “reference soluble” product. Products 

with recognized slow release properties include

♦ water insoluble nitrogen, such as natural organics, 

ureaform materials, urea-formaldehyde products, 

IBDU, etc.

♦ coated slow release, such as sulfur coated urea and 

other encapsulated soluble fertilizers.

♦ occluded slow release, where fertilizers, agricultural 

mineral, agricultural amendment, or lime materials 

are mixed with waxes, resins, or other inert materials 

and formed into particles.

♦ products containing water soluble nitrogen such as 

urea-formaldehyde products, methyleneurea, etc.

♦ Stabilized. Products that have been amended with 

an additive that reduces the rate of transformation 

on fertilizer compounds, resulting in extended time 

of availability in the soil. Examples of stabilizing 

amendments are nitrification inhibitors, nitrogen 

stabilizers, or urease inhibitors.

Western Interstate Requirements: Washington, Idaho and 

California all have specific language banning any statement 

that connotes or implies that certain plant nutrients 

contained in a fertilizer are released slowly over a period 

of time, unless the nutrient or nutrients are identified and 

guaranteed.

Humic acid claims

ODA has adopted the definition of humic acid used by 

the Association of American Plant Food Control Officials 

(AAPFCO), which defines any organic acid from humate as 

humic acid. Claims a product contains fulvic acid will not be 

accepted for registration. 

Western Interstate Requirements: The amount of humic acid 

reported varies between analytical methods. When analyzing 

humic acid products for enforcement, Oregon and California 

use the humic acid analytical method CDFA HA4/JC. Unless 

the humic acid product guarantee is based on this analytical 

method, it is likely a product may be found deficient when 

sampled and analyzed by ODA or CDFA using method HA4JC.

Pesticidal claims

With few exceptions, products that make pesticidal claims, 

or that have recognized pesticidal properties and no 

recognized non-pesticidal purpose, must be registered as 

pesticides by both the US Environmental Protection Agency 

and the ODA Pesticides Division. If a product ingredient, 

for example a microbiological inoculum, has recognized 

pesticidal purposes but the product is not registered as a 

pesticide, the registrant must provide a statement to ODA 

describing the non-pesticidal purpose(s) of this particular 

microbiological product.

Vague and misleading terms

As general guidance for whether product claims are 

acceptable for product registration with the ODA Fertilizer 

Program, ODA uses the general principles described by 

the Federal Trade Commission. At a minimum, advertising 

claims must

♦ tell the truth.

♦ not be deceptive or mislead consumers.

♦ be substantiated, that is the company must be able to 

verify the claims.

Western Interstate Requirements: Avoid terms that may 

imply a purpose other than that intended for the product. 

For example the terms “health,” “healthy,” “healthier,” and 

“healthiest” imply disease free or disease resistance, which is 

not the intended purpose of fertilizing materials. These and 

similar terms should not be included on fertilizer labels.

Undefined terms

The following terms do not have broadly accepted 

definitions. They are considered misleading and their use is 

not allowed on product labels or labeling.

♦ Balanced (unless qualified)

♦ Health (i.e. healthy, healthier, healthiest)

♦ Stimulant (i.e. biostimulant, growth stimulant)

♦ Probiotic (unless qualified)

♦ Catalyst, except when used to describe a chemical 

reaction (i.e. biological catalyst, growth catalyst).

Western Interstate Requirements: In designing labels it is 

best to avoid terms that have no generally accepted official 

definition or are potentially misleading.
20 | Oregon Fertilizer Program Guide: Guidance for Terms and Claims

Terms requiring qualification

Some terms may be vague or misleading unless used within 

a context. Terms requiring qualification are those that need a 

reference to clarify the meaning of the term in this context. 

This policy applies to label and labeling claims, product 

names, and brand names.

Terms requiring qualification include, but are not limited 

to, complete, balanced, award winning, enhanced, enhanced 

efficiency, optimum, best, approved, safe, non-toxic, 

environmentally friendly, eco-safe, safe for children and pets. 

Explanatory language should be in a readable font and on the 

same side of the package.

Terms that must be supported with data

All products making expressed or implied claims, including 

claims of efficacy or endorsement, about the product must 

have a reasonable basis for their claims. The department may 

request supporting proof of claims at any time. Registrants 

should be prepared to support any label or labeling claims or 

representations with data or documentation.

Western Interstate Requirements: Terms that can be viewed 

as claims of the efficacy or usefulness of an ingredient may 

require proof, such as research study data, to support the 

claims of their benefit to plants and soils. In general, this 

includes any product claiming to contain, “amino acids,” 

“enzymes,” “organic acids,” and “vitamins” (with the exception 

of Vitamin B1 if nutrients are guaranteed on the product 

label.)

Claims of third-party approval, 

endorsements

Claims on labels and labeling must be stated accurately and 

must not falsely suggest or imply approval for a product by a 

third party organization, whether by words, symbols or other 

means.

If third-party claims or endorsements are made, product 

labels and labeling must include adequate information for 

the consumer to evaluate the purpose of the endorsement. 

Explanatory language should be in a readable font and on 

the same side of the package. All relationships between the 

product and the endorser must be disclosed.
Oregon Fertilizer Program Guide: Manufacturer-Bulk Distributor License | 21

A Manufacturer-Bulk Distributor License is required for

1. any business (located in Oregon or out-of-state) that 

distributes fertilizer, agricultural amendment, agricultural 

mineral, or lime products in bulk in Oregon.

2. any business (located in Oregon) that manufactures any 

fertilizer, agricultural amendment, agricultural mineral, or 

lime products. 

Any business that meets either, or both of these descriptions, 

must obtain a Manufacturer-Bulk Distributor License. 

Cost of the license is $50 per calendar year. Only one 

Manufacturer-Bulk Distributor License is needed per 

business, regardless of the number of locations involved; 

however, each location needs to be identified. A license 

certificate will be issued for each location. Changes in 

business locations (closures, new locations, etc.) must 

be reported to ODA within 30 days. Failure to obtain a 

Manufacturer-Bulk Distributor License is a violation of 

Oregon law subject to enforcement actions.

Bulk or bulk sale is defined as “the sale, offering for sale 

or delivery of a fertilizer, agricultural mineral, agricultural 

amendment or lime product or of a custom mix, in 

unpackaged form, such as in open containers, closed or 

open tote boxes, closed or open tanks, closed or open 

trailers, spreader trucks or other types of containers, vehicles 

or conveyances as determined by State Department of 

Agriculture rule.” (ORS 633.311(4))

Manufacturer-Bulk Distributor License 7
22 | Oregon Fertilizer Program Guide: Custom Mixes

Definition

A custom mix is a product mixed by the lot or batch to the 

specific instructions of a customer for their own use. Custom 

mix products do not require registration with ODA.

If a product meets this definition, it is a custom mix no 

matter the package size. Custom mixes can come in 50 lb. 

bags, super sacks, 2.5 gallon jugs, shuttles, bulk, etc. Custom 

mixes can be liquid or dry.

Even if a grower uses the same blend year after year it is still 

considered a custom mix as long as there is documentation 

to show each blend was individually requested by a particular 

grower. However, if the blend is recommended, or advertised 

to multiple growers in any manner, the product is no longer a 

custom mix and requires registration.

Labeling custom products

With two exceptions, all labeling requirements that apply to 

registered products apply to custom mixed products as well. 

The exceptions are:

Heavy Metals Internet Statement. Since custom mixed 

products do not require registration, no heavy metals data is 

posted on ODA’s web site. Therefore, a heavy metals internet 

statement cannot appear on the label.

Identifier. The second difference is that a custom mix 

must be identified with the purchaser’s name and a unique 

identifier (code number, symbol, etc.). This information 

can be included on a separate product label—either with 

every load (if the entire lot is delivered in one load), or once 

at the end of a multiload lot—or the bill of lading can be 

configured to contain all of the necessary label information.

Record keeping for custom mixes

Records for custom mixed products must be kept for a period 

of at least three years after mixing and must include:

• the name and address of the purchaser

• the date the product was mixed

• a unique identifier for each mixture

• a copy of all product labeling information provided to 

the customer.

These records, must be available for inspection, by either 

ODA or the purchaser, during normal business hours.

Failure to keep records on custom mixes as outlined above 

and refusal to make such records available for inspection 

is prohibited under ORS 633.476 and subject to fines as 

described in the “Enforcement” section.

Custom Mixes 8
Oregon Fertilizer Program Guide: Tonnage Reporting and Inspection Fees | 23

Payment of inspection fees on fertilizer, agricultural mineral, 

and agricultural amendment products is the responsibility of 

any business that

1. sells or distributes into Oregon, from foreign or domestic 

sources, a fertilizer, agricultural mineral or agricultural 

amendment product used as an ingredient in the Oregon 

manufacture of a fertilizer, agricultural mineral or 

agricultural amendment product.

2. sells or distributes into Oregon, from foreign or domestic 

sources, an end-use fertilizer, agricultural mineral or 

agricultural amendment product for use in Oregon.

3. sells or distributes into Oregon a fertilizer, agricultural 

mineral or agricultural amendment product that is 

composed of ingredients for which an inspection fee was 

not charged under 1 or 2 above.

Inspection fee payments and tonnage reporting are 

required every six months. Inspection fees must be paid, and 

tonnage reported, for all fertilizer, agricultural mineral and 

agricultural amendment products. Tonnage reports must be 

filed, even if the tonnage reported is zero. ODA may suspend 

or deny registration of products until the tonnage report is 

filed and any outstanding inspection fees are paid.

Failure to pay inspection fees or submit tonnage reports as 

required is prohibited under ORS 633.461 is a Category III 

(Minor) violation subject to civil penalties of up to $2,500. 

(See Enforcement section, which follows.)

All lime products are exempt from inspection fees, but 

tonnage reports on lime product sales still need to be 

submitted every six months. ODA will mail reporting forms 

to all registrants in early June and again in early December.

Inspection fees are as follows:

Product Price (per ton)

Fertilizer 35¢

Agricultural Minerals 35¢

Agricultural 

Amendments

35¢

Gypsum 3¢

100% Compost 5¢

Lime 0¢

Tonnage Reporting and Inspection Fees 9
24 | Oregon Fertilizer Program Guide: Enforcement

Enforcement authority

ODA has the authority to access records, premises, materials 

and conveyances, and to sample fertilizer, agricultural 

amendment, agricultural mineral, and lime products.

When ODA finds any fertilizer, agricultural amendment, 

agricultural mineral or lime product that is sold, offered for 

sale, or distributed in violation of ORS 633 ODA may issue 

and enforce a stop sale, use or removal order prohibiting the 

disposal, distribution, use or removal of the quantity or lot 

of product in any manner. ODA may enforce the order until 

all actions against the order, including any contested case, are 

resolved or until ODA gives written permission releasing the 

product for disposal, distribution, use or removal.

Product Sampling and Laboratory Analysis

Official samples of products are collected by the Department 

on a continuing basis. Samples are collected to determine 

if the guaranteed analysis identified on the product label is 

satisfied. Routine product sampling offers both consumer 

protection to buyers, and identifies potential process 

problems for blenders and manufacturers.

A sample is considered deficient and in violation if the lab 

analysis of any guaranteed element or ingredient is below the 

state guarantee by an amount greater than the investigational 

allowance. The Department uses investigational allowances 

developed by the Association of American Plant Food 

Control Officials (AAPFCO). These allowances were 

adopted by the Department as OAR 603-059-0070 and are 

available on the fertilizer program web page, http://oregon.

gov/oda/pest/fertilizer.shtml

If a registrant wishes to challenge the Department’s results, 

they may submit a written request that a split of the official 

sample be sent to a Department approved independent 

laboratory. 

Enforcement actions

Enforcement actions for violation of ORS 633 may include:

♦ Notice of Noncompliance

♦ Stop Sale, Use, or Removal Orders

♦ Notice of Violation

♦ Civil Penalty.

Notice of Noncompliance (NON). A NON may be issued 

when a party or product is not in compliance with Oregon’s 

Fertilizer Law. A NON is a written document that describes 

the nature of the noncompliance and any actions required. 

Stop Sale, Use, or Removal Order (SSURO). A SSURO 

may be issued when products are found being distributed 

in Oregon and are not registered as required. SSUROs may 

also be issued to products that are mislabeled, or products 

that are cannot be registered (i.e. fulvic acid, phosphorous 

acid claimed as a source of available phosphate). When a 

SSURO is issued, it is effective statewide. The product may 

not be sold, distributed, or otherwise removed or disposed of 

without prior written approval from the Department. When 

a SSURO is violated, a civil penalty will be issued.

Notice of Violation (NOV). A NOV is issued when the 

party involved has, or should reasonably have, previous 

knowledge of the responsibility to comply with state fertilizer 

laws. A NOV remains on file for a period of three years. 

A NOV increases the severity of subsequent enforcement 

actions (e.g. civil penalty) that may be issues to address 

repeat, continuing, or additional violations of ORS 633.

Civil Penalty. A civil penalty is issued only when all other 

efforts to gain compliance have been exhausted, or when a 

violation is severe enough to be considered a major violation. 

Civil penalties are separated into three categories of severity 

according to the magnitude of the violation. In addition 

to the magnitude of violation, the number of violations 

committed during the last three years is also taken into 

consideration when assessing a civil penalty.

Enforcement 10
Oregon Fertilizer Program Guide: Enforcement | 25

Penalties

Category I (Major)

This category includes fraud or deceptive practices in 

registering products or in applications, reports or records; 

selling or removing products subjected to a stop sale, use, or 

removal order; or attempts to impede or prevent ODA from 

performing its legal duties.

Maximum penalties may not exceed:

♦ First violation: $500

♦ Second violation: $1,500

♦ Subsequent violations: $10,000

Category II (Moderate)

This category includes selling, offering for sale, or 

distributing adulterated products, failing to keep required 

records, knowingly making false or misleading product 

claims.

Maximum penalties may not exceed:

♦ First violation: $250

♦ Second violation: $750

♦ Subsequent violations: $5,000

Category III (Minor)

This category includes selling, offering for sale, or 

distributing products that are unlabeled, mislabeled, or not 

registered with ODA; failure to file a semiannual report.

Maximum penalties may not exceed:

♦ First violation: $125

♦ Second violation: $375

♦ Subsequent violations: $2,500

A violation that is determined to be the result of gross 

negligence or willful misconduct or results in substantial 

harm to human health or the environment and is deemed to 

have arisen from gross negligence or willful misconduct, may 

be subject to a $10,000 civil penalty for the initial violation 

and each subsequent violation.

For more information on penalties, see Oregon 

Administrative Rule (OAR) 603-059-0080(3) in 

Appendix C or this document, or online at http://arcweb.sos.

state.or.us/rules/OARS_600/OAR_603/603_059.html.

Oregon Fertilizer Program Guide: Enforcement | 27

Appendix A: Oregon Revised Statutes

CHAPTER 633—GRADES, STANDARDS AND 

LABELED FOR FEEDS, FERTILIZERS AND SEEDS

2009 EDITION

FEEDS, FERTILIZERS AND SEEDS

FERTILIZERS AND OTHER SOIL-ENHANCING 

PRODUCTS

Definitions for ORS 633.311 to 633.479 and 633.994

633.315 Applicability of ORS 633.311 to 633.479 and 

633.994

633.318 Licensing of manufacturers and bulk distributors; 

application; fee; change of location

633.321 Labeling requirements for fertilizer, agricultural 

mineral, agricultural amendment and lime products

633.331 Additional labeling requirements for lime products

633.336 Additional labeling requirements for agricultural 

amendment

633.341 Additional labeling requirements for agricultural 

mineral

633.344 Label guarantees of additional plant nutrients

633.351 Sale of animal byproducts

633.362 Registration of fertilizer, agricultural amendment, 

agricultural mineral and lime products; application; 

fee; expiration; product contents

633.364 Confidentiality of certain information supplied in 

application for registration

633.366 Prohibitions; mislabeled products; adulterated 

products

633.371 Disposition of revenues

633.385 Department access; sampling of products

633.388 Reports of official sample

633.441 Department authority to adopt rules

633.445 Orders preventing sale or other disposition of 

product; seizure; hearing

633.461 Inspection fees; statement of distributions; failure to 

pay inspection fee; collection fee; record keeping

633.471 Report of lime product sales and distributions; 

collection fee

633.476 Record keeping for custom mix products; inspection

633.479 Fertilizer Research Committee

633.311 Definitions for ORS 633.311 to 633.479 and 

633.994.

As used in ORS 633.311 to 633.479 and 633.994:

(1) “Agricultural amendment”:

(a) Means a mixed or unmixed synthetic chemical 

substance, a chemically or physically modified natural 

substance, a naturally occurring substance or a 

manufacturing by-product, or a combination of those 

substances or by-products, intended to induce crop 

yields or plant growth or to produce any physical, 

microbial or chemical change in the soil.

(b) Does not mean any of the following:

(A) Fertilizer products.

(B) Agricultural mineral products.

(C) Lime products.

(D) Hays.

(E) Straws.

(F) Peat.

(G) Leaf mold.

(H) Sands.

(I) Expanded silicates.

( J) Biosolids-derived products, compost and animal 

or vegetable manures that are not packaged and 

do not contain a grade statement or guaranteed 

analysis.

(K) Biosolids, domestic septage and domestic 

wastewater treatment facility solids regulated 

under ORS chapters 468 and 468B.

(L) Reclaimed water or treated effluent regulated 

under ORS 468B.010 and 468B.015 or rules 

adopted under ORS 468.020.
28 | Oregon Fertilizer Program Guide: Enforcement

(2) “Agricultural mineral”:

(a) Means a mineral substance, mixture of mineral 

substances or mixture of mineral and organic 

substances containing less than five percent of total 

nitrogen (N), available phosphate (P2O5) or soluble 

potash (K2O), singly, collectively or in combination, 

designed for use principally as a source of plant food, 

in inducing increased crop yields or plant growth or 

producing any physical, microbial or chemical change 

in the soil. 

(b) Does not mean any of the following:

(A) Fertilizer products.

(B) Agricultural amendment products.

(C) Lime products.

(D) Sand.

(E) Soil.

(F) Biosolids-derived products, compost and animal 

or vegetable manures that are not packaged and 

do not contain a grade statement or guaranteed 

analysis.

(G) Biosolids, domestic septage and domestic 

wastewater treatment facility solids regulated 

under ORS chapters 468 and 468B.

(H) Reclaimed water or treated effluent regulated 

under ORS 468B.010 and 468B.015 or rules 

adopted under ORS 468.020.

(3) “Available phosphate” means the sum of the water soluble 

and citrate soluble phosphate.

(4) “Bulk” means a fertilizer, agricultural amendment, 

agricultural mineral or lime product, or a custom 

mix, that is distributed in unpackaged form, such as 

rail cars, closed or open tanks, closed or open trailers, 

spreader trucks or other types of containers, vehicles or 

conveyances as determined by the State Department of 

Agriculture by rule.

(5) “Compost” means a substance derived primarily or 

entirely from the decomposition of vegetative or animal 

organic material that is distributed for the purpose of 

promoting or stimulating plant growth and to which 

no fertilizer, agricultural amendment, agricultural 

mineral or lime product is added other than to promote 

decomposition.

(6) “Custom mix” means a mixture of fertilizer, agricultural 

amendment, agricultural mineral or lime product, each 

lot or batch of which is mixed according to the specific 

instructions of or is prescribed for the special use of the 

final purchaser.

(7) “Department” means the State Department of 

Agriculture.

(8) “Director” means the Director of Agriculture.

(9) “Distribute” means to import, consign, sell, offer for sale, 

barter, exchange or otherwise facilitate the supplying of 

fertilizer, agricultural amendment, agricultural mineral or 

lime products.

(10) “Distributor” means a person who distributes fertilizer, 

agricultural amendment, agricultural mineral or lime 

products.

(11) “Fertilizer”:

(a) Means any substance, or any combination or mixture 

of substances, that is designed for use primarily as a 

source of plant food, in inducing increased crop yields 

or plant growth, or producing any physical, microbial 

or chemical change in the soil, and that contains 

five percent or more of total nitrogen (N), available 

phosphate (P2

O5) or soluble potash (K2O), singly, 

collectively or in combination.

(b) Does not mean any of the following:

(A) Agricultural amendment products.

(B) Agricultural mineral products.

(C) Lime products.

(D) Hays.

(E) Straws.

(F) Peat.

(G) Leaf mold.

(H) Biosolids-derived products, compost and animal 

or vegetable manures that are not packaged and 

do not contain a grade statement or guaranteed 

analysis.

(I) Biosolids, domestic septage and domestic 

wastewater treatment facility solids regulated 

under ORS chapters 468 and 468B.

( J) Reclaimed water or treated effluent regulated 

under ORS 468B.010 and 468B.015 or rules 

adopted under ORS 468.020.

(12) “Grade” means the minimum percentage claimed for 

total nitrogen (N), available phosphate (P2

O5) or soluble 

potash (K2O) stated in the same terms, order and 

percentages as the guaranteed analysis.

(13) “Guaranteed analysis” means the minimum percentage 

of the following claimed to be present in a product:

(a) Primary nutrients;

(b) Secondary nutrients;
Oregon Fertilizer Program Guide: Enforcement | 29

(c) Micronutrients;

(d) Neutralizing capacity; or

(e) Substances claimed to induce crop yields or plant 

growth or to produce any physical, microbial or 

chemical change in the soil.

(14) “Label” means all written, printed or graphic matter 

on the immediate container or on a separate document 

accompanying any fertilizer, agricultural amendment, 

agricultural mineral or lime product.

(15) “Labeling” means a printed or verbal representation used 

to promote the distribution of any fertilizer, agricultural 

amendment, agricultural mineral or lime product, 

including but not limited to a representation by means 

of:

(a) Brochures;

(b) Posters;

(c) Internet;

(d) Television; and

(e) Radio.

(16) “Lime” means any substance or mixture of substances 

having calcium or magnesium compounds capable of 

neutralizing soil acidity.

(17) “Lime score” means a numerical expression of the 

quality of lime, as determined by the department by rule.

(18) “Manufacture” means to compound, produce, granulate, 

mix, blend, repackage or otherwise alter the composition 

of fertilizer, agricultural amendment, agricultural mineral 

or lime product.

(19) “Micronutrient” means boron (B), chlorine (Cl), 

cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), 

molybdenum (Mo), sodium (Na) or zinc (Zn).

(20) “Official sample” means any representative sample of 

product taken by the department or a representative of 

the department and designated as official.

(21) “Package” means any closed container, regardless of size, 

other than the receptacle of a bulk product.

(22) “Percent” or “percentage” means percentage by weight.

(23) “Phosphate” means the amount of pentavalent 

phosphorus present in the material calculated as 

phosphorus pentoxide (P2

O5) and expressed as available 

phosphate.

(24) “Primary nutrient” means total nitrogen (N), available 

phosphate (P2

O5) or soluble potash (K2O).

(25) “Product” means a readily distinguishable, individually 

labeled substance.

(26) “Registrant” means the person who registers a fertilizer, 

agricultural amendment, agricultural mineral or lime 

product under ORS 633.362.

(27) “Secondary nutrient” means calcium (Ca), magnesium 

(Mg) or sulfur (S).

(28) “Soluble potash” means the portion of potash that 

is soluble in aqueous ammonium oxalate, aqueous 

ammonium citrate or water.

(29) “Ton” means 2,000 pounds avoirdupois.

(30) “Waste-derived product”:

(a) Means any of the following:

(A) Fertilizer, agricultural amendment, agricultural 

mineral or lime product derived in whole or in part 

from hazardous waste as defined in ORS 466.005 

or in rules adopted under ORS 466.015 and 

466.020.

(B) Solid waste as defined in ORS 459.005 or in rules 

adopted under ORS 459.045.

(C) Industrial waste as defined in ORS 468B.005 or 

in rules adopted under ORS 468B.035.

(b) Does not mean:

(A) Biosolids, biosolids-derived products, domestic 

septage and domestic wastewater treatment facility 

solids regulated under ORS chapters 468 and 

468B; or

(B) Reclaimed water or treated effluent regulated 

under ORS 468B.010 and 468B.015 or rules 

adopted under ORS 468.020.

633.315 Applicability of ORS 633.311 to 633.479 and 

633.994.

ORS 633.311 to 633.479 and 633.994 apply only to the 

extent that they are consistent with ORS chapter 634. The 

provisions of ORS 633.311 to 633.479 and 633.994 do not 

supersede the provisions of ORS chapter 634. [2001 c.914 

§3]

633.318 Licensing of manufacturers and bulk 

distributors; application; fee; change of location; rules.

(1) A manufacturer-bulk distributor license issued by 

the State Department of Agriculture is required for 

manufacturers or bulk distributors of registered or 

custom mixed fertilizer, agricultural amendment, 

agricultural mineral or lime products. A license is 

required for any business entity described by either or 

both of the following conditions:
30 | Oregon Fertilizer Program Guide: Enforcement

(a) Each out-of-state or in-state business entity that 

distributes fertilizer, agricultural amendment, 

agricultural mineral or lime in bulk.

(b) Each in-state business entity that manufactures any 

fertilizer, agricultural amendment, agricultural mineral 

or lime product in this state.

(2) An application for a manufacturer-bulk distributor license 

must be filed on forms provided by the department and 

must be accompanied by a nonrefundable license fee 

to be determined by rule, not to exceed $50 for each 

business entity per year.

(3) An application for a license must include but not be 

limited to:

(a) The name, physical address and mailing address of the 

business entity main office and primary contact;

(b) A list of locations that are in operation for more than 

90 days during a license period; and

(c) Other information as required by the department 

to clarify the manufacturer’s or bulk distributor’s 

activities or location.

(4) A manufacturer-bulk distributor license will expire on 

December 31 of each year or on such date as may be 

specified by department rule. A late fee of $25 may be 

assessed by the department on or after the 30th day 

following the expiration of a license if the license fee 

has not been paid by the applicant. The late fee shall be 

added to the required license fee and must be paid by the 

applicant before the department may issue a license to 

the applicant.

(5) Within 30 days, each license holder shall report any 

change to the department that results in the addition, 

removal or change of a location.

633.321 Labeling requirements for fertilizer, agricultural 

mineral, agricultural amendment and lime products.

(1) A person may not distribute fertilizer, agricultural 

amendment, agricultural mineral or lime products in 

packaged form unless there is a printed label attached 

or applied to the package. A person may not distribute 

fertilizer, agricultural amendment, agricultural mineral 

or lime products in bulk unless a label in the form of a 

separate document physically accompanies the shipment 

and is furnished to the user or purchaser when each 

separate delivery is made, or when the last delivery from 

the lot is made. The label must include the following:

(a) The name under which the product is registered or 

distributed.

(b) The net weight or volume.

(c) The name and mailing address of the manufacturer, 

distributor or registrant.

(d) The product grade if primary nutrients are claimed.

(e) The product density, in pounds per gallon at 68 

degrees Fahrenheit, if the product is distributed as a 

bulk liquid.

(f ) A guaranteed analysis. The guaranteed analysis must 

immediately follow the statement, “GUARANTEED 

ANALYSIS.” Guarantees must be based on a 

laboratory method of analysis approved by the 

State Department of Agriculture. The guaranteed 

analysis shall be stated on an “as is” basis at the time 

the fertilizer, agricultural amendment, agricultural 

mineral or lime product is distributed into or within 

this state. Primary nutrients, secondary nutrients and 

micronutrients that are claimed or advertised must be 

individually guaranteed.

(g) A derivation statement declaring the sources for 

all primary nutrients, secondary nutrients and 

micronutrients guaranteed. The statement must be 

listed immediately below the guaranteed analysis. 

Abbreviations, brand names, trademarks and trade 

names may not appear in the derivation statement, 

but may appear as part of the product name in an 

area of the label that is separate from the derivation 

statement.

(h) The identity and amount of ingredients other 

than primary nutrients, secondary nutrients and 

micronutrients that are claimed or advertised. 

The identity and amount must be guaranteed and 

determinable by laboratory methods approved by the 

department. The source of those ingredients shall be 

formatted on the label as follows:

ALSO CONTAINS NON-PLANT FOOD 

INGREDIENT(S):

____% Humic Acids (Derived from)

____% Other Determinable Non-Plant 

Food Ingredients

(i) A unique identifier for custom mixed products.

(j) An internet address that leads to a department website 

that is accessible to the public and contains productspecific information. The department shall adopt rules 

establishing the date for label compliance and the 

nature of product information that must be available 

through the website. The information must be 

accessible by product name, ingredient or reportable 

substance and shall include, at a minimum:
Oregon Fertilizer Program Guide: Enforcement | 31

(A) For any product identified in an application for 

registration under ORS 633.362 as being wastederived, the product name and the Standard 

Industrial Classification code or North American 

Industry Classification System code of each facility 

that generated the waste-derived product or any 

waste-derived ingredient of the product; and (B) 

The types and levels of metals and other substances 

for which a statement is required under ORS 

633.362 (10) or required by department rule to 

be stated in the application for registration of a 

product.

(2)(a)(A) Primary nutrients that are claimed or advertised 

must be guaranteed and formatted on the label as 

follows:

.

GUARANTEED ANALYSIS:

Total Nitrogen (N) _____%

_____% Ammoniacal Nitrogen

_____% Nitrate Nitrogen

_____% Urea Nitrogen

_____% Slowly Available Water Soluble 

Nitrogen

_____% Water Insoluble Nitrogen

_____Other recognized and determinable 

forms of Nitrogen

Available Phosphate (P2O5)_____%

Soluble Potash (K2O) _____%

(B) The guarantees for the forms of nitrogen must 

add up to the total nitrogen guarantee and may be 

shown by indentation. The forms of nitrogen may 

be listed in an order other than the order listed in 

this subsection.

(b) In addition to guarantees of available phosphate 

(P2

O5) and soluble potash (K2O), the percentage of 

phosphorus (P) and potassium (K) may be shown 

by indentation or as prescribed by the department. 

Phosphorous acid (expressed as H3PO3 or PO3) 

cannot be claimed as a source of available phosphate.

(c) Unacidulated mineral phosphatic materials, bone or 

other phosphatic materials may be guaranteed and 

formatted on the label as follows:

Available Phosphate (P2O5)_____%

_____% Total Phosphate

_____% Insoluble Phosphate

(3) The following secondary nutrients and micronutrients 

that are claimed or advertised must be guaranteed, be 

placed on the label in the same order as listed in this 

subsection and immediately follow the guaranteed 

analysis for any primary nutrients claimed. The 

guaranteed analysis of secondary nutrients and 

micronutrients shall be made on the elemental basis. 

When a chelated, water soluble or other form of 

plant nutrient is claimed or advertised in addition to 

the elemental form of the same secondary nutrient 

or micronutrient, the form and percentage must be 

guaranteed separately. Except for products defined by 

the department by rule, the minimum percentages that 

may be accepted for registration are as follows:

Calcium (Ca) 1.0000%

Magnesium (Mg) 0.5000%

Sulfur (S) 1.0000%

Boron (B) 0.0200%

Chlorine (Cl) 0.1000%

Cobalt (Co) 0.0005%

Copper (Cu) 0.0500%

Iron (Fe) 0.1000%

Manganese (Mn) 0.0500%

Molybdenum (Mo) 0.0005%

Sodium (Na) 0.1000%

Zinc (Zn) 0.0500%

(4) If a fertilizer, agricultural amendment, agricultural 

mineral or lime product has boron greater than 0.1 

percent or molybdenum greater than 0.001 percent, 

the product label must include a warning or cautionary 

statement that the product contains boron or 

molybdenum and is to be used only according to the 

manufacturer’s recommendations or directions.

(5) (a) If a fertilizer, agricultural amendment or agricultural 

mineral product is intended to be microbiological 

inoculum, the label must include:
32 | Oregon Fertilizer Program Guide: Enforcement

(A) A product expiration date;

(B) The number of each viable organism per milliliter 

for liquid products or per gram for dry products; 

and

(C) The identification of each viable organism 

expressed as genus and species, and, if applicable, 

strain.

(b) If a fertilizer, agricultural amendment or agricultural 

mineral product is derived from a microbiological 

process or culture but is not intended to be a 

microbiological inoculum, the product label must 

include a statement that the product is not a viable 

culture.

(6) A product ingredient may not be listed, claimed or 

guaranteed on the label or labeling without prior 

approval by the department.

633.331 Additional labeling requirements for lime 

products.

In addition to the label requirements under ORS 633.321, 

the label for a lime product must include the following:

(1) The name of the particular form of lime. Forms of lime 

may include, but are not limited to, ground limestone, 

shells, burnt lime, lime hydrate, sugar lime, residue lime, 

dolomitic lime, lime sludge and waste lime.

(2) The guaranteed analysis, stating the following:

(a) The percentage of calcium oxide (CaO) or calcium 

carbonate (CaCO3).

(b) The percentage of magnesium oxide (MgO) or 

magnesium carbonate (MgCO3).

(c) The total neutralizing capacity expressed in terms of 

calcium carbonate equivalent (CCE).

(d) The percentage of product that will pass, respectively, a 

100-mesh, 40-mesh, 20-mesh and 10-mesh sieve. The 

mesh size declaration may include a declaration of the 

percentage of product that will pass additional mesh 

sizes, but the mesh sizes specified in this paragraph 

must be included in the mesh size declaration.

(e) The lime score.

(f ) The maximum moisture content if the moisture 

content is more than two percent, expressed in whole 

numbers as follows: “Moisture content does not 

exceed percent.”

633.336 Additional labeling requirements for agricultural 

amendment.

In addition to the label requirements under ORS 633.321, 

the label for an agricultural amendment must include the 

following:

(1) A guaranteed analysis that contains the name and 

percentage of each substance intended to induce crop 

yields or plant growth or to produce any physical, 

microbial or chemical change in the soil, listed 

consecutively, followed by the percentage of inert 

ingredients.

(2) The purpose of the product.

(3) Directions for application.

633.341 Additional labeling requirements for agricultural 

mineral.

In addition to the label requirements under ORS 633.321, 

the label for an agricultural mineral must include the 

following:

(1) The percentage of calcium sulfate, expressed as 

CaSO4·2H2O or CaSO4, if the product is gypsum, 

landplaster or plaster or is an agricultural mineral in 

which calcium sulfate is the principal ingredient.

(2) The percentage of all ingredients contained in the 

product, in terms prescribed by the State Department 

of Agriculture, for all other agricultural minerals or 

mixtures of agricultural minerals with a principal 

ingredient other than calcium sulfate.

633.344 Label guarantees of additional plant nutrients.

Label guarantees of additional plant nutrients. In addition to 

the guarantees of plant nutrients required by ORS 633.321, 

label guarantees of other plant nutrients may be made from a 

list approved by the State Department of Agriculture.

633.351 Sale of animal byproducts.

A person may not distribute for agronomic purposes any 

leather, hair, wool waste, hoof, horn, urea-formaldehyde 

condensation products or similar materials, either singly or 

in combination, unless the products or materials have been 

processed in a manner that makes the plant food content 

available in conformity with the standards established by the 

State Department of Agriculture, taking into consideration 

the standards of activity recommended by recognized experts 

in the field.

633.362 Registration of fertilizer, agricultural 

amendment, agricultural mineral and lime products; 

application; fee; expiration; product contents.
Oregon Fertilizer Program Guide: Enforcement | 33

(1) Each separately identifiable fertilizer, agricultural 

amendment, agricultural mineral or lime product, 

whether in package or in bulk, must be registered with 

the State Department of Agriculture. A person may 

not distribute a fertilizer, agricultural amendment, 

agricultural mineral or lime product in this state unless 

the fertilizer, agricultural amendment, agricultural 

mineral or lime product is registered with the 

department.

(2) The application for registration must be made on a form 

or forms provided by the department. The application for 

registration must include the following information:

(a) Product name and grade;

(b) Product label;

(c) Name and physical address of the registrant;

(d) Mailing address of the registrant;

(e) Product laboratory analysis;

(f ) Supplier or suppliers of ingredients;

(g) Identification of the industry, industry process or 

industry processes and location of the facility that 

generated any waste-derived ingredient or ingredients; 

and

(h) Other information required by the department by 

rule.

(3) The application for registration shall be accompanied 

by a nonrefundable registration fee established by 

department rule, not to exceed $25 annually for each 

fertilizer, agricultural amendment, agricultural mineral 

or lime product. In addition, for a waste-derived 

product, the department shall charge an annual product 

evaluation fee. For a fertilizer, agricultural amendment, 

agricultural mineral or lime product, the department 

may charge a product evaluation fee if supplementary 

research and evaluation by the department is required 

in order to determine product compliance with ORS 

633.311 to 633.479. The department shall establish 

product evaluation fees by rule, not to exceed $50. The 

department shall review the registration application 

form and product label for compliance with ORS 

633.311 to 633.479. If the department finds that the 

application information and product label comply with 

ORS 633.311 to 633.479 the department shall issue a 

certificate of registration to the registrant.

(4) Certificates of registration shall expire on December 31 

of each year, except that the department may grant a 

certificate of registration for two years. Certificates of 

registration for two years shall expire on December 31 of 

the last year in the two-year period.

(5) The department may assess a $25 late registration fee for 

a product if the registrant has not paid the registration 

fee prior to the 30th day following the expiration of the 

certificate of registration. A late registration fee assessed 

by the department under this subsection shall be added 

to the registration fee required under subsection (3) of 

this section and must be paid by the registrant before the 

department may issue a certificate of registration.

(6) The department may require proof of label or labeling 

statements or claims of the efficacy and usefulness of an 

ingredient prior to issuing a certificate of registration 

or at any time deemed necessary by the department. 

As proof, the department may request data from the 

registrant to support the label or labeling claims. The 

department may also rely on other experimental data, 

data from agricultural experiment stations, product 

review evaluations and advice from other authoritative 

sources. The data must be from recognized, statistically 

designed and analyzed trials conducted by recognized 

experts in the field. All supporting data shall be 

representative of the soil, crops and climatic conditions 

found in the northwestern United States.

(7) In evaluating a label or labeling statement, claim or 

guarantee, the department may require the submission 

of a written statement describing the methodology of 

the laboratory analysis used, the source of the ingredient 

material and any reference material relied on to support 

the label or labeling statement, claim or guarantee. 

Laboratory analyses submitted in support of an 

application for registration must comply with laboratory 

methods of analysis approved by the department.

(8) Each registrant shall notify the department of any change 

that results in a laboratory analysis that differs from the 

laboratory analysis submitted in support of the related 

application for registration or any change in sources of 

product ingredients declared on the application form. 

The registrant must notify the department within 30 

days following the change.

(9) The registrant shall identify as “waste-derived” in the 

application for registration any fertilizer, agricultural 

amendment, agricultural mineral or lime product that 

is waste-derived and distributed as a single ingredient 

product or blended with other fertilizer, agricultural 

amendment, agricultural mineral or lime products. The 

application for registration must identify the industry, 

the industry process or processes and the location of the 

facility that generated the waste and all ingredients of 

concern as identified by the department by rule.

(10) The initial application for registration of a fertilizer, 

agricultural amendment, agricultural mineral or lime 

product must include a statement of the levels of metals 

in the product, including but not limited to arsenic (As), 

cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or 
34 | Oregon Fertilizer Program Guide: Enforcement

other metals or substances identified by the department 

by rule. The registrant must provide a laboratory analysis 

report, in accordance with acceptable methods required 

by the department, to verify the levels of metals or other 

substances in the product. Subsequent to initial product 

registration, the registrant shall provide a laboratory 

analysis report for the product to the department upon 

request. An initial or subsequent laboratory analysis 

must have been conducted no more than 18 months 

prior to submission of that analysis to the department.

(11) The department shall establish by rule the level of 

metals or other substances permitted in fertilizer, 

agricultural amendment, agricultural mineral and lime 

products registered with the department, including 

but not limited to the permitted levels of arsenic (As), 

cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or 

other metals or substances identified by the department 

by rule for the purpose of protecting humans, animals, 

water, aquatic life, soil or beneficial plant life. The 

department shall review the permitted level of metals or 

other substances in fertilizer, agricultural amendment, 

agricultural mineral and lime products a minimum of 

once every five years.

(12) Notwithstanding subsection (1) of this section, a custom 

mix is not required to be registered if all of the fertilizer, 

agricultural amendment, agricultural mineral or lime 

products contained in the final product are registered in 

accordance with this section.

(13) The department may refuse to register any fertilizer, 

agricultural amendment, agricultural mineral or lime 

product if distribution of the product would violate a 

provision of ORS 633.311 to 633.479 633.994]. The 

registration of each product is a distinct and separate 

registration. The refusal of the department to register or 

reregister any product does not affect the registration of 

any other product by the same person.

633.364 Confidentiality of certain information supplied in 

application for registration.

(1) Information required under ORS 633.362 (2)(f ) and (g) 

and (6) is exempt from disclosure under ORS 192.410 to 

192.505. The State Department of Agriculture may not 

divulge any information provided to the department in 

accordance with ORS 633.362 (2)(f ) and (g) and (6).

(2) Notwithstanding subsection (1) of this section, the 

department may use the information required under 

ORS 633.311 to 633.479 for any administrative or 

enforcement action the department deems necessary. In 

addition, the department may:

(a) Accumulate and publish statistics from semiannual 

tonnage reports required by ORS 633.461 and 

633.471 in a manner that does not divulge the 

business operations of the person submitting a report;

(b) Consult with the Department of Environmental 

Quality or other state or federal agencies in regard to 

information provided under ORS 633.362 (2)(f ) and 

(g) to ensure compliance with applicable regulations; 

and (c) Disclose data required under ORS 633.362 (6) 

to experts for the purpose of evaluating product data 

submitted in support of registration.

633.366 Prohibitions; mislabeled products; adulterated 

products.

(1) A person may not:

(a) Distribute mislabeled products;

(b) Register or attempt to register any product using 

fraudulent or deceptive practices to evade or attempt 

to evade the requirements of ORS 633.311 to 633.479 

or rules adopted under ORS 633.311 to 633.479;

(c) Distribute adulterated products;

(d) Fail, refuse or neglect to deliver to a user or purchaser 

of a bulk fertilizer, agricultural amendment, 

agricultural mineral or lime product a printed label 

that complies with ORS 633.321 to 633.341;

(e) Distribute a fertilizer, agricultural amendment, 

agricultural mineral or lime product that is not 

registered with the State Department of Agriculture 

under ORS 633.362;

(f ) Fail, refuse or neglect to keep or maintain records as 

required under ORS 633.461, 633.471 and 633.476 

or refuse to make the records available under ORS 

633.385 upon request by the department;

(g) Make false or fraudulent applications, records, invoices 

or reports;

(h) Fail, refuse or neglect to provide notification to 

the department as required by ORS 633.318 (5) or 

633.362 (8);

(i) Fail, refuse or neglect to obtain a manufacturer-bulk 

distributor license required under ORS 633.318;

(j) Distribute, use or remove any product subjected to a 

stop sale, use or removal order until the product has 

been released in accordance with ORS 633.445;

(k) Impede, obstruct, hinder or otherwise prevent 

or attempt to prevent the department from the 

performance of department duties under ORS 

633.311 to 633.479;

(l) Knowingly or intentionally make any false or 

misleading representations in connection with the 
Oregon Fertilizer Program Guide: Enforcement | 35

distribution of fertilizer, agricultural amendment, 

agricultural mineral or lime products;

(m) Fail, refuse or neglect to file a semiannual tonnage 

report with the department as required under ORS 

633.461 or 633.471; or

(n) Fail, refuse or neglect to pay inspection fees required 

under ORS 633.461.

(2) A fertilizer, agricultural amendment, agricultural mineral 

or lime product may be considered mislabeled if the 

label or labeling:

(a) Is false, misleading or deceptive;

(b) Does not accurately reflect the composition of the 

product;

(c) Requires warning statements or directions for use 

that may be necessary to protect humans, animals, 

water, aquatic life, soil or beneficial plant life and the 

warning statements or directions are not adequately 

stated on the label; or

(d) Does not comply with the requirements of ORS 

633.321 to 633.341.

(3) A fertilizer, agricultural amendment, agricultural mineral 

or lime product may be considered adulterated if the 

product:

(a) Contains any deleterious or harmful ingredient in an 

amount that is injurious to humans, animals, water, 

aquatic life, soil or beneficial plant life when used in 

accordance with instructions for product use on the 

label;

(b) Differs in composition from the composition claimed 

on the label;

(c) Differs in composition from the composition claimed 

in the information provided in accordance with ORS 

633.362; or

(d) Contains unwanted crop seed or weed seed.

633.371 Disposition of revenues.

The State Department of Agriculture shall deposit revenues 

received under ORS 633.311 to 633.479 and 633.994 in 

the Department of Agriculture Service Fund. The revenues 

deposited under this section are continuously appropriated 

to the department for the purpose of administering and 

enforcing ORS 633.311 to 633.479 and 633.994.

633.385 Department access; sampling products.

(1) The State Department of Agriculture shall have access 

at reasonable times to records, premises, materials 

or conveyances as necessary for the purpose of 

administering and enforcing ORS 633.311 to 633.479 

and 633.994.

(2) The department may inspect the records, premises, 

materials or conveyances of the manufacturer, distributor 

or registrant and may take samples of any fertilizer, 

agricultural amendment, agricultural mineral or lime 

product or other substance manufactured, distributed or 

registered in this state, or samples of other substances, 

as the department deems necessary for the purpose of 

administering and enforcing ORS 633.311 to 633.479 

and 633.994.

(3) All sampling and analyses of fertilizer, agricultural 

amendment, agricultural mineral and lime products, or 

of other substances, shall be made according to methods 

approved by the department.

(4) The department may obtain a warrant or subpoena to 

allow the entry, inspection, sampling or other purposes 

related to the administration and enforcement of ORS 

633.311 to 633.479 and 633.994.

633.388 Reports of official sample.

(1) A report of official sample, signed and acknowledged 

by a chemist employed by the State Department of 

Agriculture, other state agency or laboratory facility 

designated by the department, relating to the analysis 

of any fertilizer, agricultural amendment, agricultural 

mineral or lime product is prima facie evidence that 

the sample identified in the report of official sample 

was properly analyzed and that the substance analyzed 

contained the constituent parts stated in the report of 

official sample.

(2) A report of official sample, signed and acknowledged by 

the department, relating to the sampling of any product 

is prima facie evidence that the sample identified was 

taken from parcels, containers or lots identified in the 

official request for analysis.

633.441 Rules.

In accordance with the applicable provisions of ORS chapter 

183, the State Department of Agriculture may adopt rules 

necessary to implement, administer and enforce ORS 

633.311 to 633.479 and 633.994, including but not limited 

to rules for:

(1) Fertilizer, agricultural amendment, agricultural mineral 

and lime product:

(a) Handling;

(b) Sampling;

(c) Storage;

(d) Labeling;
36 | Oregon Fertilizer Program Guide: Enforcement

(e) Distribution;

(f ) Definitions;

(g) Analysis;

(h) Records;

(i) Use;

(j) Minimum percentages;

(k) Investigational allowances; and

(l) Ingredients.

(2) Public access to product information of any fertilizer, 

agricultural amendment, agricultural mineral or lime 

product.

633.445 Orders preventing sale or other disposition of 

product; seizure; hearing.

(1) When the State Department of Agriculture has 

reasonable cause to believe any quantity or lot of 

fertilizer, agricultural amendment, agricultural mineral 

or lime product is stored, used or distributed in violation 

of ORS 633.311 to 633.479 or rules adopted under 

ORS 633.311 to 633.479, the department may, in 

accordance with ORS 561.605 to 561.620, issue and 

enforce a stop sale, use or removal order prohibiting the 

disposal, distribution, use or removal of the quantity 

or lot of product in any manner. The distributor must 

immediately remove from locations readily visible 

or accessible to the public any product in packaged 

form that the department places under a stop sale, use 

or removal order. The department may enforce the 

order until all actions against the order, including any 

contested case, are resolved or until the department gives 

written permission releasing the product for disposal, 

distribution, use or removal. The department shall give 

written permission releasing the product when ORS 

633.311 to 633.479 and the rules adopted under ORS 

633.311 to 633.479 are complied with.

(2) In accordance with ORS 561.605 to 561.620, the 

department may seize any quantity or lot of product that 

the department determines does not comply with ORS 

633.311 to 633.479.

633.461 Inspection fees; statement of distributions; 

failure to pay inspection fee; collection fee; record 

keeping.

(1) A person shall file a semiannual tonnage report with the 

State Department of Agriculture if the person:

(a) Distributes into this state, from foreign or domestic 

sources, a fertilizer, agricultural amendment or 

agricultural mineral product used as an ingredient in 

the in-state manufacture of a fertilizer, agricultural 

amendment or agricultural mineral product;

(b) Distributes into this state, from foreign or domestic 

sources, an end-use fertilizer, agricultural amendment 

or agricultural mineral product for use within this 

state; or

(c) Distributes into this state a fertilizer, agricultural 

amendment or agricultural mineral product composed 

of ingredients not described under paragraph (a) or (b) 

of this subsection.

(2) Except as provided in subsection (8) of this section, a 

person described in subsection (1) of this section shall 

pay the department an inspection fee in an amount 

established by rule:

(a) Not to exceed $0.45 for each ton of fertilizer, 

agricultural amendment or agricultural mineral 

products distributed, of which, after being advised by 

the Fertilizer Research Committee created in ORS 

633.479, the department may expend an amount 

not to exceed $0.25 to fund grants for research and 

development related to the interaction of fertilizer, 

agricultural amendment or agricultural mineral 

products and ground water or surface water.

(b) Not to exceed $0.05 for each ton of gypsum, land 

plaster or an agricultural mineral with a principal 

ingredient of calcium sulfate (CaSO4

·2H2O or 

CaSO4) distributed.

(3) Each person shall file a semiannual tonnage report 

required by subsection (1) of this section with the 

department, on forms provided by the department, 

setting forth the total tonnage of each product 

distributed into or within this state during the reporting 

period. The reporting periods for each year are January 

1 through June 30 and July 1 through December 31. 

Semiannual tonnage reports and inspection fees are due 

within 30 days after the end of the reporting period.

(4) Notwithstanding ORS 633.362, the department may 

suspend or deny registration of a product until the 

semiannual tonnage report is filed and the inspection fee 

is paid as required under this section.

(5) If a person described in subsection (1) of this section does 

not distribute any fertilizer, agricultural amendment 

or agricultural mineral product into or within this 

state during a reporting period, the person shall file a 

semiannual tonnage report declaring that no distribution 

occurred.

(6) If a person required to file a semiannual tonnage report 

or pay an inspection fee does not file the report or pay 

the fee within 30 days of the due date established by the 

department:
Oregon Fertilizer Program Guide: Enforcement | 37

(a) The department may assess a collection fee of 10 

percent of the amount due or $25, whichever is 

greater; and

(b) The department may withhold registration of the 

product until the report is filed and the fee is paid.

(7) A person required to file a semiannual tonnage report 

under this section shall maintain records and a 

bookkeeping system that accurately indicate the tonnage 

of fertilizer, agricultural amendment or agricultural 

mineral product that is subject to inspection fees. The 

person shall maintain the records for a period of three 

years.

(8) The department may not assess inspection fees on any 

fertilizer, agricultural amendment or agricultural mineral 

product in commercial transit that is not intended for 

use or final distribution in this state.

(9) ORS 561.450 applies to a person who refuses to pay 

inspection fees due to the department under this section.

(10) If there are duplicate inspection fee payments, an 

application made for a refund must be on forms 

provided by the department and submitted to the 

department within 180 days of the alleged overpayment.

(11) If the inspection fees due under a semiannual tonnage 

report are $5 or less, the person is not required to pay the 

inspection fees due under that report. However, a person 

exempted from paying inspection fees must still file the 

semiannual tonnage report.

633.471 Report of lime product sales and distributions; 

collection fee.

(1) A person shall file a semiannual tonnage report with the 

State Department of Agriculture if the person:

(a) Distributes into this state, from foreign or domestic 

sources, lime products used as an ingredient in the 

in-state manufacture of a fertilizer, agricultural 

amendment, agricultural mineral or lime product;

(b) Distributes into this state, from foreign or domestic 

sources, end-use lime products for use within this 

state; or

(c) Distributes into this state a lime product composed of 

ingredients not described under paragraph (a) or (b) of 

this subsection.

(2) A semiannual tonnage report filed under this section shall 

set forth the total tonnage of lime product distributed 

into or within this state during the reporting period. The 

reporting periods for each year are January 1 through 

June 30 and July 1 through December 31. Semiannual 

tonnage reports are due within 30 days after the end of 

each reporting period.

(3) If a person described in subsection (1) of this section 

does not distribute lime products into or within this 

state during a reporting period, the person shall file a 

semiannual tonnage report declaring that no distribution 

occurred.

(4) If a person does not file a semiannual tonnage report 

required under this section, the department may assess a 

collection fee of $25.

(5) A person required to file a semiannual tonnage report 

under this section shall maintain records and a 

bookkeeping system that accurately indicate the tonnage 

of lime product distributed into this state. The person 

shall maintain the records for three years.

633.476 Record keeping for custom mix products; 

inspection.

(1) A person mixing or distributing a custom mix of fertilizer, 

agricultural amendment, agricultural mineral or lime 

products shall keep for a period of at least three years 

after mixing a record showing:

(a) The name and address of the purchaser;

(b) The date of mixing;

(c) A unique identifier for each mixture;

(d) The guarantees and information required under ORS 

633.321 to 633.341 and

(e) Any other information required by the State 

Department of Agriculture.

(2) Undistributed parts of a custom mixture or batch shall 

at all times be identified with the purchaser’s unique 

identifier.

(3) The person mixing or distributing the custom mix shall 

make the records required by this section available 

for inspection during normal business hours by the 

purchaser or the department.

633.479 Fertilizer Research Committee.

(1) There is created the Fertilizer Research Committee to 

advise the Director of Agriculture on the funding of 

grants for research and development related to the 

interaction of fertilizer, agricultural amendment or 

agricultural mineral products and ground water or 

surface water. The committee shall consist of the director 

or the director’s designee and six members appointed by 

the director as follows:

(a) Two members of the public who have no involvement 

in the manufacture or distribution of fertilizer, 

agricultural amendment or agricultural mineral 

products;
38 | Oregon Fertilizer Program Guide: Enforcement

(b) Three members representing the fertilizer, agricultural 

amendment or agricultural mineral industry; and

(c) One member representing Oregon State University.

(2) The term of each appointed member is two years, but a 

member serves at the pleasure of the director. Before the 

expiration of the term of a member, the director shall 

appoint a successor whose term begins on January 1 next 

following. A member is eligible for reappointment. If 

there is a vacancy for any cause, the director shall make 

an appointment to become immediately effective for the 

unexpired term.

(3) The committee shall select one of its members as 

chairperson and another as vice chairperson, for such 

terms and with duties and powers the committee 

determines to be necessary for the performance of the 

functions of those offices.

(4) A majority of the members of the committee constitutes 

a quorum for the transaction of business.

(5) The committee shall meet at times and places specified 

by the call of the chairperson or of a majority of the 

members of the committee.

(6) The director may appoint an alternate committee member 

for each member of the committee.

633.992 Criminal penalties.

Violation of any of the provisions of this chapter or 

regulations promulgated thereunder is a misdemeanor.

633.994 Civil penalties for fertilizer law violations.

(1) In addition to any other liability or penalty provided by 

law, the State Department of Agriculture may assess a 

civil penalty against a person that violates a provision of 

ORS 633.311 to 633.479 or rules adopted under ORS 

633.311 to 633.479. The civil penalty may not be more 

than:

(a) $500 for the first violation within a three-year period;

(b) $1,500 for the second violation within a three-year 

period; and

(c) $10,000 for each subsequent violation within a threeyear period.

(2) The department shall adopt rules that determine 

guidelines for ensuring consistency in the assessment of 

civil penalties.

(3) Notwithstanding subsection (1) of this section, for a 

violation that arises from gross negligence or willful 

misconduct, or that results in substantial harm to human 

health or the environment, the department may assess 

a civil penalty of not more than $10,000 for the initial 

violation or any subsequent violation.

(4) Each violation of a provision of ORS 633.311 to 

633.479 that results from an action is a separate and 

distinct violation. The department may deem each day 

of a continuing violation to be a separate and distinct 

violation.

(5) A civil penalty assessed under this section may be 

remitted or reduced upon terms and conditions that the 

Director of Agriculture considers proper and consistent 

with the public health and safety.

(6) If a civil penalty assessed under this section remains 

unpaid after the issuance of the final order, the 

department may, until the civil penalty is paid in full:

(a) Refuse to issue the recipient of the final order a 

certificate of registration under ORS 633.311 to 

633.479 for a product; and

(b) Withhold from the recipient of the final order the 

issuance or renewal of a license under any program 

administered by the department.
Oregon Fertilizer Program Guide: Enforcement | 39

REGULATION OF VERMICULTURE

ORS 561.258 Regulation of vermiculture. (1) As used 

in this section, “vermiculture” means the commercial 

raising and breeding of worms for use as bait or as an 

animal food protein source or to produce castings.

(2) The practice of vermiculture is an agricultural activity 

that is subject to regulation by the State Department 

of Agriculture. Vermiculture products are subject to 

department regulation as agricultural commodities or 

agricultural products. [2005 c.657 §1]

Note: 561.258 was enacted into law by the Legislative 

Assembly but was not added to or made a part of 

ORS chapter 561 or any series therein by legislative 

action. See Preface to Oregon Revised Statutes for 

further explanation.

ANHYDROUS AMMONIA

561.750 Definitions for ORS 561.750 to 561.760.

As used in ORS 561.750 to 561.760:

(1) “Anhydrous ammonia”:

(a) Means a liquid or gaseous inorganic compound that is 

formed by the chemical combination of nitrogen and 

hydrogen in the molar proportion of one part nitrogen 

to three parts hydrogen.

(b) Does not mean ammonium hydroxide.

(2) “Distributor” means a person that imports, consigns, sells, 

offers for sale, barters, exchanges or otherwise facilitates 

the supply of anhydrous ammonia to a user in this state.

(3) “Nontoxic dye” means a biodegradable, clear liquid 

product that causes staining when exposed to air.

(4) “Other additive” means a product other than a nontoxic 

dye that, when put in tanks containing anhydrous 

ammonia, renders the anhydrous ammonia nonreactive, 

unusable or undesirable for use as a precursor substance 

in the manufacture of methamphetamine.

(5) “User” means a person that applies anhydrous ammonia as 

a plant nutrient in the course of engaging in agricultural 

activity in this state.

Note: 561.750 to 561.760 were enacted into law by the 

Legislative Assembly but were not added to or made a 

part of ORS chapter 561 or any series therein by legislative 

action. See Preface to Oregon Revised Statutes for further 

explanation.

561.755 Certification of dyes or other additives; rules.

(1) The State Department of Agriculture, by rule and in 

consultation with the Department of State Police, shall 

certify each brand of nontoxic dye or other additive that 

a distributor or user may add to anhydrous ammonia. 

(2) In accordance with applicable provisions of ORS 

chapter 183, the State Department of Agriculture 

shall adopt rules establishing standards to be used in 

making certifications under this section and for the 

administration of ORS 561.760. In establishing the 

standards, the State Department of Agriculture shall 

consult with the Anhydrous Ammonia Additive Review 

Committee established under ORS 561.760.

Note: See note under 561.750.

561.760 Anhydrous Ammonia Additive Review 

Committee.

(1) The Director of Agriculture, in consultation with 

the Superintendent of State Police, shall appoint an 

Anhydrous Ammonia Additive Review Committee 

consisting of not fewer than six members. The term 

of a member is four years, but a member serves at the 

pleasure of the director.

(2) Members of the committee are not entitled to 

compensation, but in the discretion of the director 

may be reimbursed from funds available to the State 

Department of Agriculture for actual and necessary 

travel and other expenses incurred by them in the 

performance of their official duties in the manner and 

amount provided in ORS 292.495.

(3) The members of the committee shall include at least one 

representative from each of the following:

(a) The Department of State Police.

(b) The State Department of Agriculture.

Appendix B: Additional Relevant Statutes
40 | Oregon Fertilizer Program Guide: Enforcement

(c) Manufacturers of anhydrous ammonia fertilizers.

(d) The Oregon State University Extension Service.

(e) Retail distributors.

(f ) Users who are growers of agricultural commodities.

(4) The committee:

(a) May review all relevant scientific and economic data 

on nontoxic dyes or other additives for anhydrous 

ammonia that are submitted for certification to the 

State Department of Agriculture under ORS 561.755.

(b) Shall, at a minimum, require the manufacturer of any 

product submitted under ORS 561.755 to provide 

sufficient scientifically valid data for each submitted 

nontoxic dye or other additive to allow the State 

Department of Agriculture to determine the dye’s or 

additive’s:

(A) Impact on crop yield;

(B) Specific food crop residue analysis; and

(C) Impact on the environment.

(c) May issue recommendations to the director regarding 

whether a nontoxic dye or other additive to anhydrous 

ammonia should be certified by the State Department 

of Agriculture under ORS 561.755. [2005 c.706 §21]

Note: See note under 561.750.
Oregon Fertilizer Program Guide: Enforcement | 41

Division 59

Fertilizers, Agricultural Minerals, and Limes

603-059-0020 Inspection Fees

(1) The inspection fees authorized to be established by ORS 

633 and payable under ORS 633 are as follows:

(a) Thirty five cents ($0.35) for each ton of fertilizer;

(b) Thirty five cents ($0.35) for each ton of agricultural 

mineral;

(c) Thirty five cents ($0.35) for each ton of agricultural 

amendment;

(d) Five cents ($0.05) for each ton of fertilizer, 

agricultural mineral, or agricultural amendment 

containing 100% “compost” as defined in ORS 

633.310.

(e) Three cents ($0.03) for each ton of gypsum.

(2) A portion of the inspection fees paid to the department 

for fertilizers, agricultural minerals and agricultural 

amendments shall be continuously appropriated for the 

purpose of funding grants for research and development 

related to the interaction of fertilizer, agricultural 

mineral or agricultural amendment products and ground 

water or surface water as described in ORS 633. The 

portion of fees so appropriated shall be determined by 

the department based on the recommendation of the 

Fertilizer Research Committee (ORS 633.479).

(3) The inspection fees specified in section (1) of this rule 

shall be in effect commencing July 1, 2004.

603-059-0025 Declaration of Lime Score

(1) In addition to the labeling requirements of ORS 633.330, 

the lime invoice or label shall also state the guarantee for 

“Lime Score (Oregon)” which is defined as a numerical 

expression of the quality of lime.

(2) The “Lime Score (Oregon)” shall be determined in 

accordance with the equations and calculations set forth 

in the Oregon State University Fertilizer Guide for 

Fertilizer and Lime Materials, FG52, as revised June 

1990. [Publications: Publications referenced are available 

from the agency.]

603-059-0030 Registration Fees

(1) The registration fee authorized to be established by ORS 

633 for each fertilizer, agricultural mineral, agricultural 

amendment or lime product is as follows: Twenty five 

dollars ($25.00) per year for each product registered;

(2) The registration fee specified in section (1) of this rule 

shall be in effect commencing January 1, 2002.

603-059-0050 Manufacturer/Bulk Distributor License Fee

(1) The product evaluation fee authorized to be established 

by ORS 633 is as follows:

(a) Fifty dollars ($50.00) upon initial product registration;

(b) Fifty dollars ($50.00) upon product reregistration or 

reevaluation of product registration if regulations, label 

claims or supporting documentation has changed.

(2) The fee specified in section (1) of this rule shall be in 

effect commencing January 1, 2002.

603-059-0055 Labeling Requirements

(1) Any fertilizer, agricultural mineral, agricultural 

amendment or lime product distributed in this state 

must have the following information included as part of 

the product label required by ORS 633.321 to 633.341. 

At a minimum, one of the following labeling statements:

(a) “Information regarding the contents and levels of 

metals in this product is available on the internet at 

http:// www.regulatory-info-xx.com”. Each registrant 

must substitute a unique alpha numeric identifier for 

“xx”. This statement may be used only if the registrant 

establishes and maintains the internet site and the 

internet site meets the following criteria:

(A) There is no advertising or company-specific 

information on the site:

(B) There is a clearly visible, direct hyperlink to the 

department’s internet site specified in (b) of this 

subsection (1); and

(C) Any other criteria adopted by the director by rule.

(b) “Information regarding the contents and levels of 

metals in this product is available at the Oregon Dept 

Appendix C: Oregon Administrative Rules
42 | Oregon Fertilizer Program Guide: Enforcement

of Agriculture internet site: http://oda.state.or.us/

fertilizer”

(c) “Information regarding the contents and levels of 

metals in this product is available on the internet at...” 

The Association of American Plant Food Control 

Officials’ hosted website developed to provide a 

uniform label internet address to access product 

content information is to be inserted to complete 

the above sentence. This specific address is the only 

AAPFCO web address that will be allowed for this 

product labeling purpose.

(2) At a minimum, the following product information will be 

maintained by the department on the internet:

(a) Product name including brand name;

(b) Registrant name;

(c) Guaranteed primary, secondary and micronutrients;

(d) Lime Score for lime products;

(e) Levels of arsenic, cadmium, lead, mercury, and nickel; 

and

(f ) State registration status.

(3) Any fertilizer, agricultural mineral, agricultural 

amendment, or lime product sold, offered for sale, or 

distributed in this state must be labeled in accordance to 

603-059-0055(1) by January 1, 2004.

(4) Failure to label a fertilizer, agricultural mineral, 

agricultural amendment, or lime product pursuant to 

603-059-0055(1) which is sold, offered for sale, or 

distributed in this state on or after January 1, 2004 shall 

be considered mislabeled. Mislabeling of any fertilizer, 

agricultural mineral, agricultural amendment or lime 

product in this manner is a violation of ORS 633.366(1)

(a) as a Category III violation.

603-059-0070 Investigational Allowances, Minimum 

Detection Limits

(1) Investigational allowance means an allowance for 

variations inherent in the taking, preparation 

and analysis of an official sample. The following 

investigational allowances provide enforcement 

consistency in determining deficiencies in products 

addressed in the administration of ORS 633.311 to 

633.479 and 633.994. Products will be deemed deficient 

if the analysis of any nutrient, or Lime Score calculation, 

is below the guarantee by an amount exceeding the 

following values:

(a) Investigational allowances for primary nutrients are as 

follows:

% Guarantee N P2O5 K2O

4% or Less 0.49 0.67 0.41

5% 0.51 0.67 0.43

6% 0.52 0.67 0.47

7% 0.54 0.68 0.53

8% 0.55 0.68 0.60

9% 0.57 0.68 0.65

10% 0.58 0.69 0.70

12% 0.61 0.69 0.79

14% 0.63 0.70 0.87

16% 0.67 0.70 0.94

18% 0.70 0.71 1.01

20% 0.73 0.72 1.08

22% 0.75 0.72 1.15

24% 0.78 0.73 1.21

26% 0.81 0.73 1.27

28% 0.83 0.74 1.33

30% 0.86 0.75 1.39

32% or more 0.88 0.76 1.44

For Diamonium Phosphate and Monamonium Phosphate, 

the investigational allowance for P2

O5 shall be 0.70.

For guarantees not listed, calculate the appropriate value by 

interpolation.

(b) Investigational allowances for secondary nutrients and 

micronutrients are as follows:

Element Investigational Allowance

Ca 0.2 Unit + 5% of Guarantee

Mg 0.2 Unit + 5% of Guarantee

S 0.2 Unit + 5% of Guarantee

B 0.003 Unit + 15% of Guarantee

Co 0.0001 Unit + 30% of Guarantee

Cl 0.005 Unit + 10% of Guarantee

Cu 0.005 Unit + 10% of Guarantee

Fe 0.005 Unit + 10% of Guarantee

Mn 0.005 Unit + 10% of Guarantee

Mo 0.0001 Unit + 30% of Guarantee

Na 0.005 Unit + 10% of Guarantee

Zn 0.005 Unit + 10% of Guarantee

“UNIT” is twenty (20) pounds of plant food or one percent 

(1%) of a ton

The maximum allowance when calculated in accordance to 

the above shall be 1 unit (1%).
Oregon Fertilizer Program Guide: Enforcement | 43

OAR-4

(c) Investigational allowances for lime products are as 

follows:

(A) When the Lime Score is found to be more than 

5% deficient from the stated Lime Score.

(B) When the amount of calcium carbonate, calcium 

oxide, magnesium carbonate or magnesium oxide 

content is found to be more than 10% below the 

guarantee.

(2) Minimum detection limits for laboratory analysis reports 

of metal levels required by the department in accordance 

with ORS 633.362 must be declared at, or below, the 

following:

Arsenic 10.0 ppm

Cadmium 05.0 ppm

Lead 05.0 ppm

Mercury 0.20 ppm

Nickel 05.0 ppm

603-059-0080 Enforcement Guidelines

(1) In addition to any other penalty provided by law, the 

Director may assess civil penalties for prohibited acts 

identified in ORS 633.366. Civil penalties will be 

issued in accordance to the magnitude of the violation. 

The department is not precluded from utilizing other 

enforcement alternatives. Enforcement alternatives may 

include, but are not limited to, letter of advisement, 

notice of violation, stop sale, use or removal order, and 

license/registration revocation, suspension or denial. 

Commission of each prohibited act is a violation of ORS 

Chapter 633 and subject to a civil penalty. Prohibited 

acts are categorized as to the magnitude of violation as 

follows:

(a) Category I (Major): The department will issue a civil 

penalty for initial Category I violations in addition to 

any alternative enforcement action deemed necessary 

to protect the public interests. Category I violations 

include:

(A) ORS 633.366(1)(b) Register or attempt to register 

any product using fraudulent or deceptive practices 

to evade or attempt to evade the requirements of 

ORS 633.311 to 633.479 and 633.994 or rules 

adopted thereunder;

(B) ORS 633.366(1)(g) Make false or fraudulent 

applications, records, invoices or reports;

(C) ORS 633.366(1)(j) Sell, use or remove any 

product subjected to a stop sale, use or removal 

order until the product has been released in 

accordance with ORS 633.445;

(D) ORS 633.366(1)(k) Impede, obstruct, hinder 

or otherwise prevent or attempt to prevent the 

department from the performance of department 

duties under ORS 633.311 to 633.479 and 

633.994.

(b) Category II (Moderate): The department will take 

initial alternative enforcement action and may allow 

a specified amount of time to take corrective action 

prior to issuance of a civil penalty for a Category II 

violation. Failure to complete the required corrective 

action within the specified time period, or repeat 

violations, will result in the immediate issuance of a 

civil penalty. Category II violations include:

(A) Sell, offer for sale, or distribute adulterated 

products (ORS 633.366(1)(c));

(B) Fail, refuse, or neglect to keep or maintain records 

as required under ORS 633.461, 633.471 and 

633.476 or refuse to make available such records 

pursuant to ORS 633.385 upon request by the 

department (ORS 633.366(1)(f ));

(C) Knowingly or intentionally make any false or 

misleading representations in connection with 

the sale, offer for sale, or distribution of fertilizer, 

agricultural amendment, agricultural mineral, or 

limeproducts (ORS 633.366(1)(L)). 

(c) Category III (Minor): The department will take initial 

alternative enforcement action in writing and will 

allow a specified amount of time to take corrective 

action prior to the issuance of a civil penalty for 

a Category III violation. Failure to complete the 

corrective action within the specified time period, or 

repeat violations, may result in the immediate issuance 

of a civil penalty. Category III violations include:

(A) Sell, offer for sale, or distribute mislabeled 

products (ORS 633.366(1)(a)), including, but not 

limited to, when the product is:

(i) Deemed deficient as defined in 603-059-

0070(1)(a)-(c);

(ii) Not labeled pursuant to 603-059-0055(1).

(B) Fail, refuse, or neglect to deliver to a purchaser 

of a bulk fertilizer, agricultural amendment, 

agricultural mineral or lime product a printed label 

that complies with ORS 633.321 to 633.341 (ORS 

633.366(1)(d));

(C) Sell, offer for sale, or distribute a fertilizer, 

agricultural amendment, agricultural mineral or 

lime product that is not registered with the State 

Department of Agriculture under ORS 633.362 

(ORS 633.366(1)(e));
44 | Oregon Fertilizer Program Guide: Enforcement

(D) Fail, refuse, or neglect to provide notification to 

the department as required by ORS 633.318(5) or 

633.362(8) (ORS 633.366(1)(h));

(E) Fail, refuse, or neglect to obtain a manufacturerbulk distributor license required under ORS 

633.318 (ORS 633.366(1)(i));

(F) Fail, refuse, or neglect to file a semiannual 

statement with the department as required under 

ORS 633.461 or 633.471 (ORS 633.366(1)(m));

(G) Fail, refuse, or neglect to pay inspection fees 

required under ORS 633.461 (ORS 633.366(1)

(n)).

(d) To “refuse,” in the context of these prohibited acts, 

constitutes a willful misconduct violation and is 

subject to a civil penalty of not more than $10,000 for 

the initial violation or any subsequent violation.

(3) Maximum civil penalties are not to exceed the following:

Category 1st 

Violation 

2nd 

Violation 

3rd 

Violation

Category I 

(Major)

$500 $1500 $10,000

Category II 

(Moderate)

$250 $750 $5,000

Category 

III (Minor)

$125 $375 $2,500

(4) As authorized by ORS 633.994(5) A civil penalty 

imposed under ORS 633.311 to 633.479 and 633.994 

may be remitted or reduced upon such terms and 

conditions as the Director of Agriculture considers 

proper and consistent with the public health and safety.

(5) As authorized by ORS 633.994(3), any violation that 

arises from gross negligence or willful misconduct 

and results in substantial harm to human health or 

the environment may be subject to a civil penalty of 

not more than $10,000 for the initial violation or any 

subsequent violation.

603-059-0100 Limits of Non Nutritive Constituents

(1) Fertilizer, agricultural amendment, agricultural mineral 

and lime products sold or distributed in the state and 

required to be registered with the department shall 

be limited in the level of the metals arsenic (As), 

cadmium (Cd), mercury (Hg), lead (Pb), and nickel (Ni), 

contained therein, specifically:

(a) When the product has a guaranteed analysis of 

available phosphate (P2

O5), for each percent of P2O5

guaranteed, the maximum allowed level of a metal, 

expressed in parts per million (ppm), must not exceed: 

9 ppm arsenic, 7.5 ppm cadmium, 43 ppm lead, 0.7 

ppm mercury, 175 ppm nickel.

(A) To determine the maximum allowed 

concentration of each metal in a product, multiply 

the percent guaranteed P2

O5 for the product by the 

maximum allowed level of the metal.

(B) For the purpose of calculating the maximum 

allowed concentration of a metal in a product 

with a guaranteed analysis of less than six percent 

P2O5, the minimum percent of P2O5 utilized as a 

multiplier shall be 6.0.

(b) When the product has no guaranteed analysis of 

available phosphate (P2O5) but does have a guaranteed 

analysis of one micronutrient, for each percent of the 

micronutrient guaranteed, the maximum allowed level 

of a metal, expressed in parts per million (ppm), must 

not exceed: 76 ppm arsenic, 61 ppm cadmium, 340 

ppm lead, 4.5 ppm mercury, 1330 ppm nickel.

(A) To determine the maximum allowed concentration 

of each metal in a product, multiply the percent of 

the micronutrient guaranteed for the product by 

the maximum allowed level of the metal.

(B) For the purpose of calculating the maximum 

allowed concentration of a metal in a product with 

less than one percent micronutrient guaranteed, 

the minimum percent of micronutrient utilized as 

a multiplier shall be 1.0.

(c) When the product has no guaranteed analysis 

of available phosphate (P2

O5) but does have a 

guaranteed analysis of two or more micronutrients, 

for each percent of the micronutrient in the greatest 

concentration, the product shall not contain more than 

76 parts per million (ppm) arsenic, 61 ppm cadmium, 

340 ppm lead, 4.5 ppm mercury, 1330 ppm nickel.

(A) To determine the maximum allowed 

concentration of each metal in a product, multiply 

the percent of the micronutrient guaranteed for 

the product in the greatest concentration by the 

maximum allowed level of each metal.

(B) For the purpose of calculating the maximum 

allowed concentration of a metal in a product with 

less than one percent micronutrient guaranteed, 

the minimum percent of micronutrient utilized as 

a multiplier shall be 1.0.

(d) When the product has a guaranteed analysis of 

available phosphate (P2

O5) and has a guaranteed 

analysis of one micronutrient, the product shall 

not contain more of any metal than the higher of 

the two resulting values as calculated in (a) or (b) 

above, specifically:
Oregon Fertilizer Program Guide: Enforcement | 45

(A) To determine the maximum allowed concentration 

of a metal in a product, multiply the percent 

guaranteed P2

O5 for the product by the maximum 

allowed level of the metal as stated in (a) above. 

Then multiply the percent of the micronutrient 

guaranteed for the product by the maximum 

allowed level of the metal as stated in (b) above. 

Utilize the higher of the two resulting values as the 

maximum allowable metal concentration.

(e) When the product has a guaranteed analysis of 

available phosphate (P2O5) and has a guaranteed 

analysis of two or more micronutrients, the product 

shall not contain more of any metal than the higher of 

the resulting values as calculated in (a) or (c) above.

(A) To determine the maximum allowed 

concentration of each metal in a product, multiply 

the percent guaranteed P2

O5 for the product by the 

maximum allowed level of the metal as stated in 

(a) above.

Then multiply the highest percent of a 

micronutrient guaranteed for the product by the 

maximum allowed level of the metal as stated in (c) 

above. Utilize the higher of the resulting values as 

the maximum allowable metal concentration.

(f ) When the product has no guaranteed analysis of 

available phosphate (P2O5) and no guaranteed analysis 

of a micronutrient, the product shall not contain more 

than: 54 parts per million (ppm) arsenic, 45 ppm 

cadmium, 258 ppm lead, 4.2 ppm mercury, 1050 ppm 

nickel.

(2) Any fertilizer, agricultural amendment, agricultural 

mineral or lime product which is made from zinc 

recycled hazardous wastes as regulated under the 

Resource Conservation and Recovery Act (RCRA) 

must comply with the existing, applicable land disposal 

restriction (LDR) treatment standards for the hazardous 

wastes the products contain or comply with the 

conditions for excluding hazardous secondary materials 

as established in the Federal Register/Vol.67, No. 142/

Wednesday, July 24, 2002/Pages 48393-48415.

(3) The department will review the permitted levels of metals 

or other substances in fertilizer, agricultural amendment, 

agricultural mineral and lime products every three years 

as authorized by ORS 633.362(11).

(4) Registration of a fertilizer, agricultural amendment, 

agricultural mineral or lime product with the 

department does not entitle the user of such product to 

violate regulations administered by any other authority 

with jurisdiction, including Water Quality Standards 

administered by the Department of Environmental 

Quality.