Custom apply means to apply a fertilizer, soil amendment, or plant amendment product for compensation. (18C.005)
Custom blend fertilizer means a fertilizer blended according to the specifications that are furnished to a distributor by a consumer prior to blending. (18C.005)
Specialty fertilizers custom applied are exempt from the registration requirements; however, a company that provides custom application services is required to obtain a fertilizer license. Custom blend specialty fertilizers are exempt from the registration requirements if the distributor is licensed as required and the fertilizer is labeled as required. (18C.411)
When a custom blend fertilizer is offered for sale the customer to whom the fertilizer is being furnished to is understood to be the end user of the product, not a distributor or other person reselling the fertilizer. The entire lot of mixed or blended fertilizer must be sold and delivered to the single customer. In addition, if the fertilizer is sold in packaged or bagged form and the labeling information is provided on an invoice or delivery ticket, the lot of fertilizer must be clearly marked as a custom mix formula and include the name and address of the customer.
Label means the display of all written, printed or graphic matter upon the immediate container or the statement accompanying a fertilizer, soil amendment, or plant amendment. (18C.005)
The label information must appear on packaged fertilizer products in one of the following locations:
For packaged fertilizer products the label information is typically printed on or attached to the container. There are many creative methods to attach a label to a container when a generic bag or container is used. This includes but is not limited to attachment by sewing, adhesive labels or placing the printed information in a poly pocket.
For bulk fertilizer orders a batch or mix sheet, a delivery ticket or invoice may function to satisfy the label requirements
Labeling means all written, printed or graphic matter on or accompanying a fertilizer, soil amendment, or plant amendment or advertisements, brochures, posters, television, radio or other announcements used in promoting the sale of fertilizers, soil amendments, or plant amendments. (18C.005) Labeling includes advertisements and other information posted on internet web sites. Labeling information is reviewed by the MDA for truthfulness and accuracy of any claims or statements declared.
Person means an individual, firm, corporation, partnership, association, trust, joint stock company, or unincorporated organization, the state, a state agency, or a political subdivision. (18C.005)
Sell in reference to the sale of fertilizer, soil amendment, or plant amendment, includes:
Carol Durden, State Program AdministratorCarol.Durden@state.mn.us651-201-6379Pesticide & Fertilizer Management Division