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Retailers of plant nutrients and fertilizers must navigate complex regulatory compliance, including state registration of products making nutrition claims. Understanding nutrient claims—such as "complete formula" or specific application timelines—is crucial. Responsibilities include reporting sales volume and paying tonnage taxes. Non-compliance can lead to serious consequences like Stop Sale Orders and financial penalties. Retailers must ensure products are registered in their state to mitigate risks of lost inventory and sales. Engage suppliers about product registration status to protect your business.
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What Retailers Need to Know Regulatory Compliance for Plant Nutrients and Fertilizers
Plant Food/Fertilizer Regulations • Products making plant nutrition claims must be registered in each state sold. • What is a nutrient claim? • “Complete” formula • Lasts X months/weeks • Fertilize X weeks after planting • All you need for good plant growth
Plant Food/Fertilizer Regulations • Manufacturer is responsible for • State registration of the product • Reporting volume sold • Paying tonnage tax • Unregistered products are subject to: • Stop Sale Order • Stop Sale & Remove Order • Some states provide for fines and penalties
Plant Food/Fertilizer Regulations • Retailer's Risk: • Loss of inventory • Lost sales • Potential fines
Plant Food/Fertilizer Regulations • What if manufacturer refuses to register his product? • Some states allow distributor to register • Fees are not substantial/product • Reporting is a problem • Whole state, not just what you sold • Tonnage tax for whole state • If analysis is short, penalties may apply
Plant Food/Fertilizer Regulations • Ask your supplier if his product is registered in your state. • Consider your risk if it is not.