Honorable Naomi 

County Attorney 

Potter County 

Amarillo, Texas 

AUSTXN 11. lrExas 

October 13, 1965 

Harney Opinion Noi c-524 

Re: Whether Article 

applies to (and_. 

Dear Miss Harney: 

lo&, V.C.S., 

thus requires 

reglstration or) fertilizer 

mixed to the order of the consumer specifying a content of 

less than a sum of 2 

gen, phosphorus, 

SiUll. 

You have requested the opinion of this offlce regarding 

the above question. In this connection, you have furnished us 

with the following facts: 

“There is a program in this area whereby 

the fertilizer distributor recommends that a 

farmer determine soil deficiencPes by having 

a laboratory do a soil test. After receiving 

the results, the farmer orders a mixture of 

fertilizer containing elements mixed in proportion to the recommendation of the testing 

laboratory. The distributor mixes the elements in accordance with the farmer’s order. 

TE,ngredients used in the mixture are regisIn most instances, however, the resulting kxture will not meet the requirements of 

Section 4, Subsection (e) &ticle 108a V.C.S.7 

because it usually contains less than 2& nitrogen, phosphorus or potassium. The statutory 

24 is not ordinarily recommended by the laboratory and the mixture varzes in all cases as 

it is tailored to the land, area and crop of 

the farmer ordering it.” 

In connection with the foregoing, it appears that the 

following portions of Article 108a, Yernon’s Civil Statutes, 

are applicable : 

“Sec. 2. The words and phrases as used in 

and applicable to this Act, unless a different 

-2464- 
Hon. Naomi Harney, page 2 (C-524) 

meaning is plainly required by the context, shall 

have the following meaning : 

,t . . . 

"(4) The term 'commercial fertilizer' includes mixed fertilizer and/or fertilizer materials and 

any other substances, materials or elements or parts 

thereof, including but not limited to pesticides, 

intended for use or used as an ingredient or ccmponentof a mixture of materials which is used, designed,, or represented for use or claimed to have value 

in,promoting plant growth, except unprocessed, unpackaged and unmanipulated lime, limestone and gypsum. . . . 

“(5) The term 'mixed fertilizer' means a solid or non-solid product which results fron the 

combination, mixture, or simultaneous application 

of two or more fertilizer materials by a manufacturer, processor, mixer, or contractor, and shall 

include specialty fertilizers and manipulated manures, . . . 

8, . . . 

“(7) The term 'specialty fertilizer' means a 

commercial fertilizer distributed primarily for nonfarm use, except the excreta of animals and plant 

remains and mixtures of such substances, for which 

no grade claims are made other than to identify the 

products, such as home gardens, lawns, shrubbery, 

flowers, golf,courses, municipal parks, cemeteries, 

greenhouses and nurseries." 

"Sec. 4. (a) Each brand end grade of~commercial fertilizer shall be registered with the Director before being distributed in this state. . . . 

II 

. . . 

"(e) Any mixed fertilizer in which the sum 

of the guarantees for nitrogen, phosphorus as 

available phosphoric acid and/or potassium as 

potash &s less than twenty-four percent (24$), 

except manipulated manures, specialty fertilizers 

and commercial fertilizers sold only for their 

content of secondary components, shall not be 

registered in the state. 

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Hon. Wsomi &rney, page 3 (C-,524) ", 

Inasmuch as there is no case law or prior Attorney.General 

opinions on this particular question, we must be guided solely 

by the terms of the statute. We have a situation where the definitions, above quoted, squarely encompass the product that is being sold. When the distributor prepares the fertilizer in accordance with the directions of the soil laboratory, he,is preparing 

and selling a "mixed fertilizer" as defined above; ,In accordance 

with Section 4(a) of Article 108a, Vernon's CivilStatutes, such 

a preparation must be registered in this State before distribution. 

Further, unless the chemical constituents'of the ,fertilizer meet 

the minimums established in Section k(e), the' fertilizer may not 

be registered. There are certain exceptions to the minimum content requirements, but none of these are applicable in this instance. These exceptions relate to specialty fertilizers that are 

for non-farm uses, as defined in Sec. 2 (7) above, and to commercial fertilizers sold only for their content of aecondarg components. 

In accordance with the foregoing, you are advised that it 

is the opinion of this office that the provisions of Article 108a, 

Vernon's Civil Statutes, apply to commercial fertilizers mixed to 

the order of the farmer. These mixed fertilizers must be registered prior to distribution, and they are not qualified for registration if their guaranteed minimum chemical content falls below 

the standards set by the statute. 

SUMMARY 

The provisions of Article 108a, V.C.S., apply 

to commercial fertilizers mixed to the order of the 

farmer. These mixed fertilizers muat be registered 

prior to distribution, and are not qualified for 

registration if their guaranteed minimum chemical 

content falls below the standards set by the statute. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

BYdckdd 

MLQrms Assistant 

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Hon. Naomi Rarney, page 4 (~-524) 

APPROVED: 

OPINION COMMITTEE 

W. V. ~Geppert., Chairman " 

Edward Moffett 

John Fainter 

Marietta Payne 

APPROVED FOR DIE ATTOFd?.EY GENERAL 

By: T. B.~Wri&t 

,. 

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