Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.18-003 - Regulationson Soil Amendment

Current through Register Vol. 49, No. 6, June, 2024
Section I
			 Purpose. Pursuant to Ark. Code Ann. §
								2-19-404. This Act shall be
			 administered by the Arkansas State Plant Board.
Section II
Definitions.
For the
			 purpose of these rules, the following definitions shall apply:
1. "Name" means the specific designation
			 under which the individual product is offered for sale.
2. "Bulk" means in non-packaged
			 form.
3. "Distribute" means to
			 import, consign, offer for sale, sell, barter, or to otherwise supply soil
			 amendments to any person in this state.
4. "Distributor" means and includes any
			 person who imports, consigns, sells, offers for sale, barters or otherwise
			 supplies soil amendments in this State.
5. "Manufacturer" means any person who
			 produces, compounds, mixes or blends soil amendments.
6. "Label" means the display of written,
			 printed or graphic matter upon the immediate container of a soil
			 amendment.
7. "Labeling" means all
			 written, printed or graphic matter upon or accompanying any soil amendment, and
			 all advertisements, brochures, posters, television or radio announcements used
			 in promoting the sale of such soil amendment.
8. "Board" means the Arkansas State Plant
			 Board.
9. "Active Ingredient" means
			 the ingredient or ingredients which are claimed to have beneficial effects on
			 soil or crops growing on soils.
10.
			 "Inert Ingredient" means the ingredients which do not have any beneficial or
			 harmful effects on soil or crops but are present in the product.
11. "Person" means individuals, partnerships,
			 associations and corporations.
12.
			 "PERCENT or PERCENTAGE" means by weight.
13. "REGISTRANT" means any person who
			 registers a soil amendment under the provisions of this Act.
14. "MISBRANDED" means and shall apply if:
(a) any soil amendment bears a label that is
			 false or misleading in any particular,
(b) any soil amendment is distributed under
			 the name of another soil amendment,
(c) any material is represented as a soil
			 amendment or is represented as containing a soil amendment, unless the soil
			 amendment conforms to the definition of identity, if any, prescribed by
			 regulation,
(d) the percentage of
			 active ingredient in any soil amendment is not shown in the approved ingredient
			 form,
(e) the labeling on any soil
			 amendment is false or misleading in any particular;
15. "ADULTERATED" means and shall apply to
			 any soil amendment if:
(a) it contains any
			 deleterious or harmful agent in sufficient amount to render it injurious to
			 beneficial plants, animals or aquatic life when applied in accordance with the
			 directions for use shown on the label; or if adequate warning statements and
			 directions for use, which may be necessary to protect plants, animals or
			 aquatic life are not shown on the label,
(b) its composition falls below that which it
			 is purported to possess by its labeling, or
(c) it contains, noxious weed seed, harmful
			 insects or harmful disease organisms.