§ 106-673. Authority of Board of Agriculture to make rules and regulations.
§ 106‑673. Authority of Board of Agriculture to make rules and regulations.
Because legislation with regard to commercial fertilizer sold oroffered for sale in this State must be adapted to complex conditions andstandards involving numerous details with which the General Assembly cannotdeal directly and in order to effectuate the purposes and policies of thisArticle, and in order to insure the manufacturer, distributor, and consumer ofthe correct quality and quantity of all commercial fertilizer sold or offeredfor sale in this State, the Board of Agriculture shall have the authority tomake rules and regulations with respect to:
(1) The maximum chlorine guarantee permitted for tobaccofertilizer;
(2) The maximum chlorine guarantee permitted in tobacco topdressers;
(3) Which grades of fertilizer may be branded top dressers;
(4) The labeling of the grade of fertilizer when such fertilizeris sold in plain or unbranded bags;
(5) The labeling requirements for all containers of liquidcommercial fertilizer for direct application to the soil;
(6) The bag sizes which may be used in the sale of commercialfertilizer;
(7) The labeling requirements for packages containing acombination of any nonfertilizer material and mixed tobacco fertilizer;
(8) Registration and labeling requirements for grades and brandsof fertilizer carrying any guarantee of boron; the tolerance allowances for thepercentage of boron in fertilizer mixtures;
(9) The required composition for boron‑landplastermixtures before they may be registered and sold for use on peanuts in thisState; the labeling requirements for each container of such mixture;
(10) The monetary penalties assessed for excesses or deficienciesof boron and all other minor elements above or below the tolerances allowed;
(11) The registration and labeling of general crop grades andtobacco grades;
(12) The method, and the time limitations for the reporting to theCommissioner of Agriculture of the tonnage of each grade of fertilizer shippedto each destination in the State by each manufacturer or firm having fertilizerregistered in this State;
(13) The required composition, before such mixtures may beregistered and sold in this State, of fertilizer‑pesticide, landplaster‑pesticide,and fertilizer‑landplaster‑pesticide, when to be used for peanutsalone;
(14) The labeling and bag requirements of fertilizer‑landplaster‑pesticidemixtures;
(15) The standards and requirements which must be met beforefertilizer‑pesticide mixtures may be registered in this State. Theserequirements may include, but are not limited to, approval in North Carolina ofboth the pesticide and the fertilizer grades, approval of the mixture by theBoard of Agriculture, and any labeling requirements;
(16) The standards and requirements which must be complied withbefore fertilizers‑pesticides may, without registering the mixture, bemixed for direct application at the farmer's request;
(17) Requests for mixing any pesticide with fertilizer, forproducts not previously approved by the Board of Agriculture;
(18) Packaging requirements for fertilizer‑pesticidemixtures sold either in bulk or in bags, such that dusting, spillage, sifting,or a loss of any fertilizer‑pesticide mixture will not occur;
(19) The percentages of nitrogen required to be in nitrogen solutions,before such solutions may be registered and sold in this State;
(20) The labeling of fertilizer products to ascertain theircompliance to the Fertilizer or Lime and Landplaster Law;
(21) Requesting substantiating data to back up claims made about afertilizer product; registration may be denied if such data is not furnished;
(22) The denial of approval of the registration of fertilizerproducts when such products will not, when used as directed, supply deficientneeds of a plant;
(23) Safety requirements for the movement, handling and storage offluid fertilizers;
(24) Standards and requirements for equipment and tanks forhandling liquid fertilizer;
(25) Refusing registration as a result of information orrecommendations from the director of research stations;
(26) Establishing minimum guarantees permissible for registeringsecondary elements and micronutrients;
(27) Establishing minimum standards for containment of fertilizermaterials in storage to prevent contamination of groundwater and surface water;and
(28) Standards and labeling requirements for specialtyfertilizers. (1947, c. 1086, s.15; 1949, c. 637, s. 4; 1977, c. 303, s. 19; 1991, c. 100; 1993, c. 216, s. 2.)