Idaho State Statutes - Idaho Attorney Directory

(1) Each separately
identifiable soil amendment or plant amendment product shall be registered
before being distributed in this state. The application for registration shall
be submitted to the department on a form furnished by the department, and
shall be accompanied by a nonrefundable fee of one hundred dollars ($100) per
product and a label of each product, unless a current label is on file at the
department. Companies planning to mix customer formula soil amendments or
plant amendments shall include the statement "customer formula mixes" under
the "products" column on the registration application form. Upon approval by
the department, a certificate of registration shall be furnished to the
applicant.
(2) In determining whether a label statement of an ingredient is
appropriate, the department may require the submission of a written statement
describing the method of laboratory analysis used, the source of all
ingredient material and any reference material relied on to support the label
statement or guarantee of the ingredients.
(3) Upon receipt of a complete application for registration of a product,
the department may test and analyze an official sample of the product to
determine whether the contents of the official sample conform to the label. In
his discretion, the director may also require an applicant for registration of
a soil amendment or a plant amendment to submit any data concerning the
efficacy or safety of the product for its intended use.
(4) Refusal to register, denial, suspension.
(a) If it appears to the director that composition of the soil amendment
or plant amendment does not warrant the proposed claims for it, or if the
soil amendment or plant amendment and its labeling or other material
required to be submitted do not comply with this chapter or rules adopted
under this chapter, the director shall notify the applicant of the manner
in which the soil amendment or plant amendment labeling or other material
required to be submitted fails to comply with this chapter so as to give
the applicant an opportunity to make the necessary corrections. If the
applicant does not make the required changes within ninety (90) days from
the receipt of the notice, the director may refuse to register the soil
amendment or plant amendment. The applicant may request a hearing as
provided in the administrative procedure act, chapter 52, title 67, Idaho
Code.
(b) When the director determines that a soil amendment or plant amendment
or its labeling does not comply with this chapter or rules adopted under
this chapter, or when necessary to prevent unreasonable adverse effects on
the environment, the director may refuse to register or may suspend,
revoke or modify the registration of the soil amendment or plant amendment
in accordance with the provisions of the administrative procedure act,
chapter 52, title 67, Idaho Code.
(5) Registrations are effective through the last day of the calendar year
in which they are issued. If a registration is being renewed, the director may
suspend the requirement that a soil amendment or plant amendment be analyzed
if there is no material change in the label for the product.
(6) If the application for renewal of the soil amendment or plant
amendment registration provided for in this section is not submitted before
February 1 of any one (1) year, a penalty of ten dollars ($10.00) per product
shall be assessed and added to the original fee. The applicant shall pay the
penalty before the renewal soil amendment or plant amendment registration may
be issued.
(7) Any waste-derived soil amendment or waste-derived plant amendment
distributed as a single ingredient product or blended with other soil
amendments or plant amendment ingredients must be identified as "waste-derived
soil amendment or plant amendment" by the applicant in the application for
registration.
(8) An applicant applying to register a waste-derived soil amendment or
plant amendment shall state in the application the concentration of metals or
metalloids including, but not limited to, arsenic (As), cadmium (Cd), mercury
(Hg), lead (Pb), and selenium (Se). The applicant shall provide a laboratory
report or other documentation verifying the levels of the metals or metalloids
in the waste-derived soil amendment or plant amendment.
(9) A distributor is not required to register a soil amendment or plant
amendment product that is already registered under this chapter, so long as
the label remains unchanged.

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