Fertilizer Penalty Values

In accordance with Section 76-11-9 NMSA 1978 the Department publishes, by external policy, penalty values for assessment if a fertilizer falls short of its guaranteed analysis in any one ingredient.

2008 Fertilizer Penalty Values

Labeling Requirements 

Soil Conditioners

Each brand of soil conditioner distributed in New Mexico shall be accompanied by a legible label bearing the following information:

1. Brand name under which the soil conditioner is distributed

2. An accurate statement of composition and purpose

3. Net weight or other quantity statement

4. Name and address of the manufacturer/distributor

Fertilizers

Any commercial fertilizer distributed in New Mexico in containers shall have placed on or affixed to, the container a label setting forth in clearly legible and conspicuous form the following information:

1.  Brand or product name

2.  Grade statement (N-P-K)

3.  Guaranteed Analysis

4.  Net Weight or other quantity statement

5.  Name and address of the manufacturer/distributor

Fertilizer Grade

The New Mexico Fertilizer Act defines "grade" as the percentage guaranteed of total nitrogen, available phosphorus (or available phosphate), and soluble potassium (or soluble potash). A more common way is to refer to the percentage of N-P-K.

Example: 20-10-15 means 20% nitrogen, 10% available phosphate and 15% soluble potash.

Guaranteed Analysis

The guaranteed analysis tells the user the guaranteed percentage of the nitrogen, phosphate and potash within the product. The product cannot contain more or less of a listed guarantee. Additional plant food elements may also be included in the guarantee. Any element that is claimed on the bag or accompanying literature must be in the guaranteed analysis.

To ensure the guaranteed analysis is correct, the Bureau of Feed, Seed, and Fertilizer’s inspectors randomly sample fertilizers each year.  The samples are analyzed by NMDA’s Office of the State Chemist .

Label Example

Secondary Nutrients and Micronutrients

Bagged fertilizers can contain secondary or micronutrients such as zinc, copper or calcium. However, these secondary or micronutrients must be properly listed on the product label.

You cannot list additional plant nutrient guarantees within the grade statement. For example, a bagged fertilizer contains 5% zinc. The label cannot state "9-23-30-5Zn."

What is acceptable is to follow the grade statement with the secondary or micronutrient percentage. The secondary or micronutrient can also be part of the product or brand name such as "9-23-30 with 5% Zinc" or "SupremeGro 19-19-19 with 5% Zinc."

If secondary and/or micronutrients are claimed to be present in bagged fertilizer, the percent claimed must appear in the guaranteed analysis and meet the minimum amount as required by law. The table below lists the minimum amounts for each secondary and micronutrient. Secondary and micronutrients must appear using the elemental form and the format as listed in the table. These requirements are also outlined in 21.18. NMAC Fertilizer Products.

These labeling requirements promote uniformity in labeling of bagged fertilizers, as well as informing consumers of the plant nutrient values claimed to be present in the fertilizer.

Enforcement

Fertilizers that are found to be in violation of the New Mexico Fertilizer Act are subject to warning notices, fertilizer stop sales and penalty assessments.

Section 76-11-8 of the New Mexico Fertilizer Act states that if the analysis shows that any commercial fertilizer falls short of the guaranteed analysis in any one ingredient, a penalty shall be assessed. 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 department to the registrant, receipts taken therefor and found, and promptly forwarded to the department. If the consumer cannot be found, the amount of the penalty shall be paid to the common school fund.

 Penalty Assessment