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Biostimulant legislation in Arkansas, U.S.A
Here, you can find the basic information about the legislation governing Biostimulants in Arkansas.
If you have any questions, reach out us.
Summary
Arkansas does not have a specific fertiliser regulatory category called “plant biostimulant” or “biostimulant”. Instead, these products would most likely be handled under the fertiliser regime, unless its label or composition (or both) would push it under the pesticide legislation.
The regulatory basis for fertiliser products in Arkansas is the [Arkansas Code Title 2 – Agriculture, Chapter 19] (Fertilizers, Liming Materials, and Soil Amendment). Under paragraph § 2-19-202 it is specified that the marketing of biostimulants requires registration of fertilizer brands/materials. The Arkansas Fertilizer Rules are codified in [209.02.19 Ark. Code R. 016].
These cover registration, reporting, labeling, inspection, penalties, etc.
According to the Arkansas Department of Agriculture (Plant Industries, Feed & [Fertilizer]), there is a $25 registration fee per brand, and monthly tonnage reporting is required.
Arkansas Code §§ 2-19-401 through 2-19-414 govern soil amendments, which are specific class of fertilisers. It means that your biostimulant product may be regulated under this regime if it is more of a “soil amendment” than a “fertilizer” in terms of its claims.
Soil amendments, just like biostimulants, must be registered with the State Plant Board before distribution in Arkansas. The registration fee is $25 per product.
The Arkansas Department of Agriculture (Plant Industries, Feed & Fertilizer Section) is the enforcing authority. Their website provides guidance, forms and responses on general or often asked questions.
When you register a product, you will have to supply a form, including a product label that includes, at minimum, net weight, product name, guaranteed analysis (active / inert percentages, per the regime), purpose, directions for use, and your company name/address. For soil amendments, the registration form must include label information per.
Also, make sure you have a system to track tonnage sold or distributed in Arkansas, broken down by county, so you can comply with monthly sales reports and pay inspection fees.
If you manufacture, blend, or store fertilizer (or soil amendment) in Arkansas, you may need a facility license for each blending or bulk storage facility. Check out the applicable provisions in the law referenced above (or ask us and we help you with it).
Once you are on the market with your product(s), your product may be subject to sampling and analysis by Arkansas inspectors. According to the fertiliser program, samples are taken and checked against guaranteed analyses. If deficiencies are found, penalties can apply. For fertilizers, the Fertilizer Rules specify penalties if actual nutrient content deviates from guaranteed levels.
For soil amendments, non-compliant products (e.g., misbranded or adulterated) may trigger stop-sale orders, registration revocation, or other enforcement actions. You don’t want to go down that road…
Do you plan to place your product on the market in Arkansas? Reach out to us.
We wish you a great day,
The sciBASICS Team.
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