When nontraditional claims are stated (on a label or labeling) concerning a product or when an application for a license or registration of a nontraditional product is submitted, it may be necessary to substantiate product claims or provide evidence of usefulness or value for the product. In doing so the commissioner may require a person applying for a license or registration to manufacture or distribute a product for use in this state to submit authentic experimental evidence or university research data to substantiate the claims made for the product. The commissioner may rely on experimental data, evaluations, or advice furnished by experts at the University of Minnesota as evidence to substantiate claims and may accept or reject additional sources of evidence in evaluating a fertilizer, soil amendment, or plant amendment. The experimental evidence must relate to conditions in this state for which the product is intended. The commissioner may also require evidence of value when used as directed or recommended.
If the commissioner determines that the evidence submitted does not substantiate the product's usefulness in this state, the commissioner may require the applicant to submit samples, conduct tests, or submit additional information, including conditions affecting performance, to evaluate the product's performance and usefulness. (18C.401)
Accepted as authentic experimental evidence or university research data is research from such groups as land grant universities, USDA and other reputable research organizations. In addition, the information submitted should be in the form of a research paper and include at a minimum; a discussion of the materials and methods including the treatment and experimental design, results, and appropriate statistical analysis.
Experimental evidence must relate to conditions in this state (environmental, application rates, soil, target crop etc.) for which the product is intended and must correspond to the actual product intended to be registered or sold needing a license.
Other informational sources including but not limited to: incomplete articles, literature reviews, research summaries, abstracts, testimonials, news articles and fact sheets are not accepted as evidence when evaluating product claims or a product’s usefulness or value.
Carol Durden, State Program AdministratorCarol.Durden@state.mn.us651-201-6379Pesticide & Fertilizer Management Division