200.5 - REGISTRATION.

        200.5  REGISTRATION.
         1.  Each brand and grade of commercial fertilizer and each soil
      conditioner shall be registered before being offered for sale, sold
      or otherwise distributed in this state; except that a commercial
      fertilizer formulated according to special specifications furnished
      by a consumer to fill the consumer's order shall not be required to
      be registered, but shall be labeled as provided in subsection 3 of
      section 200.6.  The application for registration shall be submitted
      to the secretary on forms furnished by the secretary and shall be
      accompanied by a label setting forth the guaranteed analysis which
      shall be the same as that appearing on the registered product.
         2.  All registration will be permanent, provided, however, that
      the secretary may request a listing of products to be currently
      manufactured.  The application shall include the following
      information in the following order:
         a.  Net weight, if sold in packaged form.
         b.  Name and address of the registrant.
         c.  Name of product.
         d.  Brand.
         e.  Grade.
         f.  Guaranteed analysis.
         3.  In addition to the information required in subsection 2 of
      this section, applications for registration of soil conditioners must
      include the name or chemical designation and percentage of content of
      each of the active ingredients.
         4.  The secretary is authorized, after public hearing, following
      due notice, to adopt rules regulating the labeling and registration
      of specialty fertilizers and other fertilizer products, when
      necessary in the secretary's opinion.  The secretary may require any
      reasonable information in addition to subsection 13 of section 200.3,
      which is necessary and useful to the purchasers of specialty
      fertilizers of this state and to promote uniformity among states.
         5.  The secretary is authorized after public hearing, following
      due notice, to establish minimum acceptable levels of trace and
      secondary elements recognized as effective to aid crops produced in
      Iowa and to require such warning statements as may be deemed
      necessary to prevent injury to crops.
         6.  The secretary, whenever the secretary deems it necessary in
      the administration of this chapter, may require the submission of
      additional data about any fertilizer or product to support the claims
      made for it.  If it appears to the secretary that the composition of
      the article is such as to warrant the claims made for it, and if the
      article, its labeling and other material required to be submitted,
      comply with the requirements of this chapter, the secretary shall
      register the product.
         7.  If it does not appear to the secretary that the article is
      such as to warrant the proposed claims for it, or if the article and
      its labeling and other material required to be submitted does not
      comply with the provision of this chapter, the secretary shall notify
      the registrant of the manner in which the article, labeling, or other
      material required to be submitted fails to comply with this chapter
      so as to afford the registrant an opportunity to make the necessary
      corrections before resubmitting the label.
         8.  It shall be the responsibility of the registrant to submit
      satisfactory evidence of favorable effects and safety of the product.

         9.  A distributor shall not be required to register any brand and
      grade of commercial fertilizer which is already registered under this
      chapter by another person.
         10.  The advisory committee created in section 206.23 shall advise
      and assist the secretary on the registration of a product of
      commercial fertilizer or soil conditioner under the provisions of
      this chapter.  
         Section History: Early Form
         [S13, § 2528-f, -f1; C24, 27, 31, 35, 39, § 3139--3141; C46,
      50, 54, 58, 62, § 200.4; C66, 71, 73, 75, 77, 79, 81, § 200.5]
         Referred to in § 200.6, 200.13