Section 69-39-5 - Labeling requirements; posting at bulk delivery sites(1) All agricultural liming materials sold, offered or exposed for sale to any person in this state shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement or in the case of bulk sales, a final invoice or bill of sale, setting forth at least the following information:(a) The name and principal office address of the manufacturer or distributor;(b) The brand or trade name of the material;(c) The identification of the product as to the type of the agricultural liming material;(d) The net weight of the agricultural liming material;(e) The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate;(f) The minimum guaranteed content of elemental magnesium (Mg) if claimed;(g) The minimum guaranteed content of available potassium (K20) and/or phosphorous (P205) if claimed;(h) Calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents shall be as prescribed by regulation;(i) The minimum percent by weight passing through United States Standard sieves as prescribed by regulations.(2) In the case where agricultural liming materials are sold by a distributor or retailer, the manufacturer (mining company) of such material shall be responsible for furnishing the distributor or retailer with the information or statement required in this section in order for such distributor or retailer to forward the information or statement to the customer.(3) No information or statement shall appear on any package label, delivery slip or advertising matter that is false or misleading to the purchaser as to the quality, analysis type or composition of the agricultural liming material.(4) In the case of any material that has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration therein.(5) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.(6) When the commissioner determines that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, he may require by regulation thereafter that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form: Total Calcium (Ca) .................... ____________________ percent
Total Magnesium (Mg) .................... ____________________ percent
Provided, however, that the effective date of said regulation shall be not less than six (6) months following the issuance thereof.
Laws, 1993, ch. 581, § 3; reenacted without change, Laws, 2009, ch. 330, § 3, eff. 7/1/2009.