CHAPTER 427a
CONNECTICUT FERTILIZER LAW

Table of Contents

Sec. 22-111a. Short title: Connecticut Fertilizer Law.
Sec. 22-111b. Definitions.
Sec. 22-111c. Registration of brands and grades. Fee. Regulations.
Sec. 22-111d. Labeling.
Sec. 22-111e. Inspection fees. Tonnage statements by distributors. Regulations.
Sec. 22-111f. Inspections, analyses, tests and penalties.
Sec. 22-111g. Misbranded fertilizers.
Sec. 22-111h. Tonnage statements of registrants.
Sec. 22-111i. Publication of information by director.
Sec. 22-111j. Regulations.
Sec. 22-111k. Penalty for short weight.
Sec. 22-111l. Cancellation or refusal of registration for fraud or deception.
Sec. 22-111m. Stop sale, use or removal orders.
Sec. 22-111n. Seizure of noncomplying fertilizers.
Sec. 22-111o. Procedure on violations.
Sec. 22-111p. Sales and exchanges between importers, manufacturers or manipulators.
Sec. 22-111q. Appeals.
Secs. 22-111r to 22-111z.

      Sec. 22-111a. Short title: Connecticut Fertilizer Law. This chapter shall be known as the "Connecticut Fertilizer Law".

      (February, 1965, P.A. 198, S. 1.)

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      Sec. 22-111b. Definitions. When used in this chapter:

      (a) "Commercial fertilizer" means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum;

      (b) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries;

      (c) "Bulk fertilizer" means a commercial fertilizer distributed in a nonpackaged form;

      (d) "Brand" means a term, design or trademark used in connection with one or several grades of commercial fertilizer;

      (e) (1) Until July 1, 1967, and thereafter until the Commissioner of Agriculture prescribes the alternative form in accordance with the provisions of subdivision (2) hereof, "guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form:

      (A)    Total Nitrogen (N) . . . . . . . . . . . . . . . . . . . . . per cent

      Available Phosphoric Acid (P2O5) . . . . . . . . . . . . . . per cent

      Soluble Potash (K2O) . . . . . . . . . . . . . . . . . . . . . . . per cent

      (B) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage and other organic phosphatic materials, total phosphoric acid;

      (C) Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients, such as oxides, salt, chelates, etc., may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other important beneficial or harmful substances or compounds, determinable by laboratory methods also may be guaranteed by provision of the director and commissioner, acting jointly. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the director.

      (2) At any time after July 1, 1967, when the commissioner finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, he may require by regulation thereafter that the guaranteed analysis shall be in the following form:

      Total Nitrogen (N) . . . . . . . . . . . . . . . . . . . . . . . . . per cent

      Available Phosphoric Acid (P) . . . . . . . . . . . . . . . . per cent

      Soluble Potash (K) . . . . . . . . . . . . . . . . . . . . . . . . per cent

provided the effective date of such regulation shall be not less than six months following the issuance thereof, and provided, for a period of two years following the effective date of such regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash; provided, after the effective date of a regulation issued under the provisions of this section, requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus and potassium shall constitute the grade;

      (f) "Grade" means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis;

      (g) "Official sample" means any sample of commercial fertilizer taken by the commissioner or his agent and designated as official by the commissioner;

      (h) "Ton" means a net weight of two thousand pounds avoirdupois;

      (i) "Per cent" or "percentage" means the percentage by weight;

      (j) "Person" includes individual, partnership, association, firm, limited liability company and corporation;

      (k) "Distributor" means any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer, or who offers for sale, barters or otherwise supplies commercial fertilizer in this state;

      (l) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter;

      (m) "Director" means the director of the Connecticut Agricultural Experiment Station;

      (n) "Commissioner" means the Commissioner of Agriculture.

      (February, 1965, P.A. 198, S. 2; P.A. 73-278, S. 1, 21; P.A. 95-79, S. 84, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 73-278 replaced "director" with "commissioner of agriculture" or "commissioner" and in Subdiv. (e)(1)(C) required guarantee of substances or compounds by both commissioner and director, rather than by director alone and included guarantees of harmful substances as well as of beneficial ones and added Subdiv. (n) defining "commissioner" as commissioner of agriculture; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See chapter 54 re uniform administrative procedure.

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      Sec. 22-111c. Registration of brands and grades. Fee. Regulations. (a) Each brand and grade of commercial fertilizer shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished by the commissioner and shall be accompanied by a fee of fifteen dollars per major and minor element for each brand and grade listed on the application form, provided the cost for each registration shall not exceed ninety dollars per individual product. On and after January 1, 1993, said fee shall be established by the commissioner by regulations adopted in accordance with the provisions of chapter 54. The application shall include the following information: (1) The net weight; (2) the brand and grade; (3) the guaranteed analysis; (4) the name and address of the registrant; (5) the sources from which the nitrogen, phosphorus and potassium are derived. Upon approval of the application by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations shall expire on June thirtieth of each year.

      (b) A distributor shall not be required to register any brand of commercial fertilizer which is already registered under this chapter by another person.

      (c) A distributor shall not be required to register a commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing; but shall be required to label such fertilizer as provided in subsection (c) of section 22-111d.

      (February, 1965, P.A. 198, S. 3; P.A. 73-278, S. 2, 21; P.A. 82-91, S. 9, 38; 82-472, S. 173, 183; May Sp. Sess. P.A. 92-6, S. 45, 117.)

      History: P.A. 73-278 replaced "director", i.e. director of Connecticut Agricultural Experiment Station, with "commissioner", i.e. commissioner of agriculture; P.A. 82-91 deleted fee of ten dollars per major or minor element guaranteed for each brand and grade listed on the application and provided that fee is established by commissioner by regulations; P.A. 82-472 made a technical change in Subsec. (a); May Sp. Sess. P.A. 92-6 amended Subsec. (a) to establish various fees for fertilizer and to provide that the commissioner shall adopt regulations to establish the fees for the period commencing January 1, 1993.

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      Sec. 22-111d. Labeling. (a) Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by subdivisions (1), (2), (3) and (4) of subsection (a) of section 22-111c.

      (b) If the fertilizer is distributed in bulk, a written or printed statement of the information required by said subdivisions shall accompany delivery and be supplied to the purchaser at the time of delivery.

      (c) A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis and the name and address of the distributor.

      (February, 1965, P.A. 198, S. 4.)

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      Sec. 22-111e. Inspection fees. Tonnage statements by distributors. Regulations. (a) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing an inspection fee for all commercial fertilizer distributed in this state, provided the minimum fee shall be not less than twenty-five cents per ton, and provided further, sales to manufacturers or exchanges between them and sales by distributors of less than ten tons in any annual period provided for in subsection (b) of this section are exempted. Fees so collected shall be used for the payment of the costs of inspection, sampling and analysis and other expenses necessary for the administration of this chapter.

      (b) Every person who distributes a commercial fertilizer in this state shall: File with the commissioner, on forms furnished by the commissioner, an annual statement for the period ending June thirtieth setting forth the number of net tons of each commercial fertilizer distributed in this state during such annual period. Such report shall be due on or before the fifteenth day of the month following the close of each annual period and shall be accompanied by the inspection fee established pursuant to subsection (a) of this section. If the tonnage report is not filed, and the payment of the inspection fee is not made, within sixty days after the end of the annual period, a collection fee amounting to ten per cent of the amount, but not less than ten dollars, shall be assessed against the registrant and may be collected in a legal action against the registrant.

      (c) When more than one person is involved in the distribution of a commercial fertilizer, the last person who has the fertilizer registered and who distributes to a nonregistered dealer or consumer shall be responsible for reporting the tonnage and paying the inspection fee, unless the report and payment have been previously made by a prior distributor of the fertilizer.

      (February, 1965, P.A. 198, S. 5; 1969, P.A. 95, S. 1; P.A. 73-278, S. 3, 21; P.A. 84-333; May Sp. Sess. P.A. 92-6, S. 46, 117.)

      History: 1969 act provided for minimum inspection fee of one dollar in Subsec. (a) and exempted sales of less than ten tons in "annual" rather than "semiannual" period and amended Subsec. (b) to require "annual" rather than "semiannual" statements and to impose collection fee if payment of inspection fee not made within sixty rather than thirty days after end of annual period; P.A. 73-278 replaced "director", i.e. director of Connecticut Agricultural Experiment Station, with "commissioner", i.e. commissioner of agriculture; P.A. 84-333 amended Subsec. (a) by raising inspection fee from six to fifteen cents per ton; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to provide that the commissioner shall adopt regulations to establish inspection fees with a minimum fee of not less than twenty-five cents per ton.

      See Sec. 22-111h re tonnage statements by registrants of commercial fertilizers.

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      Sec. 22-111f. Inspections, analyses, tests and penalties. (a) For the purpose of the enforcement of the provisions of this chapter, the commissioner or his authorized agent, upon presenting appropriate credentials, is authorized (1) to enter, during normal business hours, any factory, warehouse or establishment within the state in which commercial fertilizers are manufactured, processed, packed or held for distribution, or to enter any vehicle being used to transport or hold such fertilizers, and (2) to inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein.

      (b) The commissioner, who may act through his authorized agent, shall sample and inspect commercial fertilizers distributed within this state at such times and places and to such extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter. The commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this chapter and the rules and regulations pertaining thereto. The director or his agent shall analyze samples designated official by the commissioner.

      (c) The methods of analysis and sampling shall be those adopted by the director and commissioner from recognized authorities such as the Journal of the Association of Official Analytical Chemists.

      (d) The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample obtained and analyzed as provided for in this section.

      (e) The results of official analysis shall be forwarded by the director to the commissioner, registrant and distributor. Upon request the director shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.

      (f) If the analysis provided for in this section shows that any commercial fertilizer falls short of the guaranteed analysis in any one or more ingredients, a penalty shall be assessed in accordance with the following provisions: (1) For less than the minimum of total nitrogen, available phosphoric acid, soluble potash, three times the value of the deficiency of any one or more of said ingredients should such deficiency exceed the official investigational allowances as provided in regulations adopted by the commissioner and (2) for less than the minimum in any other constituent covered under subdivision (1) of subsection (e) of section 22-111b, which the registrant is required to or may guarantee, three times the value of the deficiency of such constituent should such deficiency exceed the official investigational allowance as provided in regulations adopted by the commissioner.

      (g) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within three months after the date of notice from the commissioner to the registrant. Receipts shall be taken therefor and promptly forwarded to the commissioner. If such consumers cannot be found, the amount of the penalty shall be paid to the commissioner who shall remit the money to the State Treasurer for deposit in the General Fund. The provisions of this section shall apply only to purchases of one ton or more of fertilizer.

      (h) For the purpose of determining the commercial value of any commercial fertilizer to be applied under the provisions of this section the commissioner shall determine and publish annually the values per unit of nitrogen, available phosphoric acid and soluble potash in commercial fertilizers in this state. If guarantees are as provided in subdivision (2) of subsection (e) of section 22-111b, the value shall be per unit of nitrogen, phosphorus and potassium. The values so determined and published shall be used in determining and assessing penalties.

      (February, 1965, P.A. 198, S. 6; 1969, P.A. 95, S. 2; P.A. 73-278, S. 4, 21; P.A. 76-103; P.A. 79-631, S. 32, 111.)

      History: 1969 act replaced "Associated Official Agricultural Chemists Journal" with "Journal of the Association of Official Analytical Chemists" in Subsec. (b); P.A. 73-278 inserted new Subsec. (a) re commissioner's inspection powers, relettering former Subsecs. (a) to (d) accordingly, replaced "director", i.e. director of Agricultural Experiment Station with "commissioner", i.e. commissioner of agriculture where appearing but retained revised provision re director's powers to analyze fertilizers by specifying that samples be designated as official by commissioner and restated provisions in Subsec. (e), formerly (d), deleting provision clarifying when report becomes official; P.A. 76-103 added Subsecs. (f) to (h) re penalties; P.A. 79-631 substituted "fertilizers" for "feeds" in Subsec. (a)(1).

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      Sec. 22-111g. Misbranded fertilizers. A commercial fertilizer is misbranded if it carries a false or misleading statement on the container or on the label attached to the container, or if false or misleading statements concerning the fertilizer are disseminated in any manner or by any means. No person shall distribute a misbranded fertilizer.

      (February, 1965, P.A. 198, S. 7; 1969, P.A. 95, S. 3.)

      History: 1969 act made minor change in wording.

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      Sec. 22-111h. Tonnage statements of registrants. (a) Each person registering commercial fertilizers under this chapter shall furnish the commissioner with a confidential written statement of the tonnage of each grade of commercial fertilizer sold by him in this state for the annual period ending June thirtieth. No information furnished under this section shall be disclosed in such a way as to divulge the operation of any person.

      (b) When more than one person is involved in the distribution of a commercial fertilizer, the last person who has the fertilizer registered and who distributes to a nonregistered dealer or consumer shall be responsible for reporting the tonnage and paying the inspection fee, unless the reporting and paying of fees have been made by a prior distributor of the fertilizer.

      (February, 1965, P.A. 198, S. 8; 1969, P.A. 95, S. 4; P.A. 73-278, S. 5, 21.)

      History: 1969 act amended Subsec. (a) to reflect change from semiannual statements to annual statements; P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station with "commissioner", i.e. commissioner of agriculture.

      See Sec. 22-111e(b) re tonnage statements by distributors of commercial fertilizers.

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      Sec. 22-111i. Publication of information by director. The director shall publish at least annually and in such forms as he may deem proper: (a) Information concerning the distribution of commercial fertilizers and (b) results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the analyses guaranteed under sections 22-111c and 22-111d.

      (February, 1965, P.A. 198, S. 9.)

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      Sec. 22-111j. Regulations. For the enforcement of this chapter, the commissioner is authorized to prescribe and, after public hearing following due public notice, to enforce such regulations relating to the distribution of commercial fertilizers as he may find necessary to carry into effect the full intent and meaning of this chapter.

      (February, 1965, P.A. 198, S. 10; P.A. 73-278, S. 6, 21.)

      History: P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station, with "commissioner", i.e. commissioner of agriculture.

      See chapter 54 re uniform administrative procedure.

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      Sec. 22-111k. Penalty for short weight. If any commercial fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of such commercial fertilizer shall, within thirty days after official notice from the commissioner, pay to the consumer a penalty equal to four times the value of the actual shortage.

      (February, 1965, P.A. 198, S. 11; P.A. 73-278, S. 7, 21.)

      History: P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station, with "commissioner", i.e. commissioner of agriculture.

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      Sec. 22-111l. Cancellation or refusal of registration for fraud or deception. The commissioner may cancel the registration of any brand of commercial fertilizer or refuse to register any brand of commercial fertilizer as herein provided, upon satisfactory evidence that the registrant or applicant for registration has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this chapter or any regulations promulgated thereunder; provided no registration shall be revoked or refused until the registrant has been given the opportunity to appear for a hearing by the commissioner.

      (February, 1965, P.A. 198, S. 12; P.A. 73-278, S. 8, 21.)

      History: P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station with "commissioner", i.e. commissioner of agriculture.

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      Sec. 22-111m. Stop sale, use or removal orders. The commissioner may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of commercial fertilizer to hold such fertilizer at a designated place when the commissioner finds such commercial fertilizer is being offered or exposed for sale in violation of any provision of this chapter until the law has been complied with and such commercial fertilizer is released in writing by the commissioner or such violation has been otherwise legally disposed. The commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

      (February, 1965, P.A. 198, S. 13; P.A. 73-278, S. 9, 21.)

      History: P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station, with "commissioner", i.e. commissioner of agriculture.

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      Sec. 22-111n. Seizure of noncomplying fertilizers. Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which such commercial fertilizer is located. If the court finds such commercial fertilizer to be in violation of this chapter and orders the condemnation of such commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state; provided in no instance shall the disposition of such commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such commercial fertilizer or for permission to process or relabel such commercial fertilizer to bring it into compliance with this chapter.

      (February, 1965, P.A. 198, S. 14; P.A. 73-278, S. 10, 21.)

      History: P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station, with "commissioner", i.e. commissioner of agriculture.

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      Sec. 22-111o. Procedure on violations. (a) If it appears from the examination of any commercial fertilizer that any provision of this chapter or the regulations issued thereunder has been violated, the commissioner shall cause notice of the violation to be given to the registrant, distributor or possessor from whom the sample was taken. Any person so notified shall be given opportunity to be heard under such regulations as may be prescribed by the commissioner. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the commissioner may certify the facts to the prosecuting officer having jurisdiction.

      (b) Any person convicted of violating any provision of this chapter or any regulation issued thereunder shall be fined not more than five hundred dollars.

      (c) Nothing in this chapter shall be construed as requiring the commissioner or his representative to report for prosecution or for the institution of seizure proceedings minor violations of this chapter when he believes that the public interests will be best served by a suitable notice of warning in writing.

      (d) Each prosecuting officer to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      (e) The commissioner may apply for and any court of competent jurisdiction may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this chapter or any regulation promulgated thereunder notwithstanding the existence of other remedies at law. Such injunction shall be issued without bond.

      (February, 1965, P.A. 198, S. 15; P.A. 73-278, S. 11, 21.)

      History: P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station, with "commissioner", i.e. commissioner of agriculture.

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      Sec. 22-111p. Sales and exchanges between importers, manufacturers or manipulators. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers between importers, manufacturers or manipulators who mix fertilizer materials for sale or to prevent the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.

      (February, 1965, P.A. 198, S. 16.)

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      Sec. 22-111q. Appeals. Any person aggrieved by any action of the commissioner under the provisions of this chapter may appeal therefrom in accordance with the provisions of section 4-183.

      (February, 1965, P.A. 198, S. 17; P.A. 73-278, S. 12, 21; P.A. 76-436, S. 449, 681; P.A. 77-603, S. 91, 125.)

      History: P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station, with "commissioner", i.e. commissioner of agriculture; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous provision for appeal to superior court with statement that appeals shall be made in accordance with Sec. 4-183.

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      Secs. 22-111r to 22-111z. Reserved for future use.

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