314-2013 (COMIECO-X) of the Council of Ministers of Economic Integration dated July 5, 2013, and its Annex: "Central American Technical Regulation RTCA 65.05.54:09 Fertilizers and Soil Amendments for Agricultural Use. Requirements for Registration", which are transcribed below:
RESOLUTION No. 314-2013 (COMIECO-X) THE COUNCIL OF MINISTERS OF ECONOMIC INTEGRATION
That in accordance with articles 38, 39 and 55 of the Protocol to the General Treaty on Central American Economic Integration -Guatemala Protocol-, amended by the Amendment of February 27, 2002, the Council of Ministers of Economic Integration has under its competence the matters of Central American Economic Integration and as such, it is responsible for approving the administrative acts of the Economic Subsystem.
That according to article 15 of that same regional legal instrument, the State Parties have the commitment to constitute a Customs Union among their territories, which will be achieved gradually and progressively, based on programs established for this purpose, approved by consensus; That within the framework of the customs union formation process, the State Parties have reached agreements on registration requirements for fertilizers and agricultural soil amendments requiring the approval of the Council; That the State Parties, in their capacity as Members of the World Trade Organization (WTO), notified the Committee on Technical Barriers to Trade, in accordance with the provisions of paragraph 9.2 of Article 2 of the Agreement on Technical Barriers to Trade, of the Draft Central American Technical Regulation RTCA 65.05.54:09 "FERTILIZERS AND AGRICULTURAL SOIL AMENDMENTS. REQUIREMENTS FOR REGISTRATION"; That the State Parties granted a reasonable period to the Member States of the WTO to make observations on the notified draft Regulation, as required by paragraph 9.4 of Article 2 of the Agreement on Technical Barriers to Trade; observations that were duly analyzed and addressed as pertinent; That in accordance with paragraph 12 of Article 2 of the Agreement on Technical Barriers to Trade, Members shall provide for a reasonable interval between the publication of technical regulations and their entry into force, in order to allow time for producers to adapt their products or their production methods to the requirements of the regulations; That in accordance with paragraph 3 of Article 55 of the Guatemala Protocol, the opinion of the Advisory Committee on Economic Integration was obtained; That the Council of Ministers may meet virtually through the videoconference system, in which case, it is the responsibility of the Secretariat of Central American Economic Integration to collect the signature of each of the Ministers or Vice Ministers, as applicable, in their respective country; That the Transitional Article of the Protocol on the Incorporation of the Republic of Panama into the Economic Integration Subsystem of the Central American Integration System, signed on June 29, 2012, and adopted by the Meeting of Presidents of the Central American Integration System in the Declaration of its XL Summit held in Managua, Nicaragua on December 13, 2012, establishes that the derived legal instruments of economic integration approved and put into force during the period between the signing of said Protocol and its entry into force, shall be put into force for the Republic of Panama through a subsequent administrative act of the Council of Ministers of Economic Integration.
Based on the provisions of articles 1, 3, 5, 7, 15, 26, 30, 36, 37, 38, 39, 46, 52 and 55 of the Protocol to the General Treaty on Central American Economic Integration -Guatemala Protocol-, and 19, 20 Bis, and 32 of the Regulation on the Organization and Functioning of the Council of Ministers of Economic Integration, Intersectoral of Ministers of Economic Integration and Sectoral of Ministers of Economic Integration,
1. To approve the Central American Technical Regulation RTCA 65.05.54:09 FERTILIZERS AND AGRICULTURAL SOIL AMENDMENTS. REQUIREMENTS FOR REGISTRATION, in the form that appears as Annex 1 of this Resolution and forms an integral part thereof.
2. This Resolution shall enter into force on January 5, 2014, and shall be published by the State Parties.
3. Notwithstanding the provisions of the preceding numeral, this Resolution shall not enter into force for Panama until this Council issues the corresponding administrative act, in accordance with the provisions of the Transitional Article of the Protocol on the Incorporation of the Republic of Panama into the Economic Integration Subsystem.
The undersigned Secretary General of the Secretariat of Central American Economic Integration (SIECA) CERTIFIES: That the two (2) photocopies preceding this sheet of bond paper, printed only on their front side, as well as the twenty-three (23) of the attached annex, printed only on their front side, initialed and sealed with the seal of SIECA, faithfully reproduce Resolution No. 314-2013 (COMIECO-X), adopted by the Council of Ministers of Economic Integration, at a meeting held via videoconference system on the fifth of July, two thousand thirteen, from whose originals they were reproduced. And to be forwarded to the State Parties for their corresponding publication, I issue this certified copy in Guatemala City, on the twenty-fourth of July, two thousand thirteen. ---
CENTRAL AMERICAN TECHNICAL REGULATION RTCA 65.05.54:09 FERTILIZERS AND SOIL AMENDMENTS FOR AGRICULTURAL USE. REQUIREMENTS FOR REGISTRATION CORRESPONDENCE: This Regulation has no correspondence with any international standard.
ICS 65.080 RTCA 65.05.54:09 Central American Technical Regulation edited by:
. Ministry of Economy, MINECO . Salvadoran Body for Technical Regulation, OSARTEC . Ministry of Development, Industry and Trade, MIFIC . Secretariat of Industry and Trade, SIC . Ministry of Economy, Industry and Trade, MEIC REPORT The respective Technical Committees for Standardization and Technical Regulation, through the Standardization and Technical Regulation Bodies of the Countries of the Central American Region, are the bodies responsible for carrying out the study or adoption of the Technical Regulations. They are composed of representatives from the Academic, Consumer, Private Enterprise, and Government sectors.
This document was approved as Central American Technical Regulation RTCA 65.05.54:09 Requirements for the Registration of Fertilizers and Soil Amendments for Agricultural Use, by the Subgroup on Standardization Measures and Agricultural Inputs. The formalization of this Technical Regulation entails ratification by the Council of Ministers of Central American Economic Integration (COMIECO).
PARTICIPATING MEMBERS OF THE COMMITTEE For El Salvador:
OSARTEC MAG For Guatemala:
MINECO MAGA For Nicaragua:
MIFIC MAGFOR For Costa Rica:
MEIC MAG For Honduras:
SIC SAG 1. PURPOSE To establish the requirements for granting the registration of fertilizers and soil amendments for agricultural use.
2. SCOPE OF APPLICATION Applies to the registration of fertilizers and soil amendments for agricultural use that are manufactured, formulated, extracted from natural sources, packaged, re-packaged (reenvasados o reempacados), or repackaged, imported, exported, distributed, and commercialized in the State Parties of the Central American Region.
Does not apply to those special fertilizer formulas used within the territory of the country formulating them. The use of these formulas shall be regulated according to the legislation in force of each State Party of the Central American Region.
3. DEFINITIONS AND TERMINOLOGY 3.1 Registration update (Actualización de registros): process by which the holders of fertilizer and soil amendment registrations granted before the entry into force of this regulation and that are in force, and those contemplated in transitory provision III, will provide the NCA (ANC) with the information required by this regulation.
3.2 Marginal note (Anotación marginal): notation made in the margin of the registration when it is modified.
3.3 National Competent Authority (NCA) (Autoridad Nacional Competente, ANC): Ministry, Secretariat of Agriculture, or any other authority that, by legal mandate, grants the registration of fertilizers and soil amendments for agricultural use.
3.4 Available Nutrient Element: element present in a fertilizer in a specific chemical form in which it is used for plant nutrition.
3.5 Soil Amendment (Enmienda): any organic, inorganic, natural, or synthetic product that, applied to the soil, is capable of modifying and improving the physical, chemical, or biological properties of the soil and does not provide nutrients in a form available to the plant.
3.6 Container or packaging (Envase o empaque): suitable container that is in direct contact with the fertilizer or soil amendment for agricultural use, to preserve it, identify it, and facilitate its transport.
3.7 Label (Etiqueta): printed material or graphic inscription written in legible characters that identifies and declares its components, and describes the product contained in the accompanying container or packaging.
3.8 Extractor: natural person (individual) or legal entity dedicated to the extraction and preparation of soil amendments for agricultural use.
3.9 Manufacturer (Fabricante): natural person (individual) or legal entity dedicated to the manufacturing of products to be used as sources of nutrient elements or components, whether of natural or synthetic origin, for the formulation and production of fertilizers and soil amendments for agricultural use.
3.10 Fertilizer (Fertilizante): product of natural or synthetic origin that, applied to the soil, substrate, or foliage, supplies one or more available nutrient elements to the plant, and that can be used as a component in the formulation of another fertilizer.
3.11 Low-concentration fertilizer (Fertilizante de baja concentración): granulated fertilizer applied to the soil, consisting of a physical mixture or chemical formula of two or three primary macronutrient elements, which are mixed in such proportions that the sum of the percentage of Nitrogen (expressed as elemental N), Phosphorus (expressed as P2O5), and Potassium (expressed as K2O) contained in said mixture is less than thirty percent (30%) of the total product contained in the container. This definition does not apply to mono-products.
3.12 Slow-release fertilizer (Fertilizante de liberación lenta): fertilizer whose characteristic is to guarantee that its nutrients are present as a chemical compound and in such a physical state that their availability to plants extends over a period of time or under controlled conditions.
3.13 Special formula (Fórmula especial): those prepared to meet the specific nutritional needs of a crop on a production unit, which are not commercialized through distribution chains.
3.14 Chemical formula (Fórmula química): homogeneous product resulting from the chemical reaction between two or more compounds, involving physical and chemical changes of the initial compounds.
3.15 Formulator (Formulador): natural person (individual) or legal entity dedicated to the formulation of fertilizers and soil amendments for agricultural use.
3.16 Formulate (Formular): action of proportionally mixing fertilizer elements or products or soil amendment components, with or without the aid of formulation adjuvants.
3.17 Confidential information (Información confidencial): information qualified as such in this regulation and by the legislation in force on this matter in each State Party of the Central American Region.
3.18 Inert ingredient (Ingrediente inerte): any substance without fertilizing or soil amendment action for agricultural use that is used as a vehicle, filler material (material de relleno), or conditioner in a formulation.
3.19 Trademark (Marca): any visible sign, suitable for distinguishing the products or services of one company from the products or services of other companies.
3.20 Filler material (Material de relleno): substance that is not a fertilizing material, which is added to a physical mixture or chemical formula.
3.21 Physical mixture (Mezcla física): product obtained from the mixing or joint granulation of two or more fertilizing materials or soil amendments, without producing chemical reactions among the components thereof.
3.22 Modification to the registration (Modificación al registro): changes, additions, or deletions to the registration inscription, requested by the holder thereof.
3.23 Mono-product (Monoproducto): fertilizer containing a single type of chemical compound and in which no mixture has been made.
3.24 Trade name (Nombre comercial): name, denomination, designation, or abbreviation that identifies or distinguishes a company or establishment in its commercial activity.
3.25 Pamphlet (Panfleto): printed material accompanying each commercial presentation of a fertilizer or soil amendment for agricultural use that contains information supplementary to the label.
3.26 Natural product (Producto natural): fertilizer or soil amendment originating from nature, of animal, vegetable, or mineral origin, used as such in a simple form or as part of a more complex mixture.
3.27 Synthetic product (Producto sintético): fertilizer or soil amendment generated from other materials in which chemical reactions occur, modifying the original components.
3.28 Repackaging or re-packaging (Reenvasado o reempacado): action of transferring the product from its original container to other presentations.
3.29 Registration (Registro): administrative, technical, and legal process through which every application for registration of a fertilizer or soil amendment for agricultural use is evaluated by the NCA (ANC) prior to the inscription of a product.
3.30 Legal representative (Representante legal): natural person (individual) who represents the holder or owner of the registration and is responsible before the NCA (ANC).
3.31 Applicant (Solicitante): natural person (individual) or legal entity that requests from the National Competent Authority the registration, renewal, modification, and update of the registration of a fertilizer and soil amendments for agricultural use for commercial purposes.
3.32 Registration holder (Titular del registro): natural person (individual) or legal entity, owner of the registration of a fertilizer or soil amendment for agricultural use before the NCA (ANC).
4. GENERAL PROVISIONS 4.1 The natural person (individual) or legal entity intending to manufacture, formulate, extract, register, modify, renew, import, package (encasar), repack, re-package, export, store, or commercialize fertilizers and soil amendments for agricultural use must be registered as such before the NCA (ANC) according to the legislation in force of each State Party of the Central American Region.
4.2 For registration procedures, the legal representative of the registration holder or applicant must have a domicile in the national territory.
4.3 Fertilizers and soil amendments for agricultural use must be registered before the NCA (ANC) prior to their importation, exportation, manufacturing, formulation, packaging, repackaging, re-packaging, and commercialization.
4.4 This regulation establishes the following types of registration for commercial purposes:
- a)Fertilizer b) Soil Amendment 4.5 The registration file for a fertilizer or soil amendment for agricultural use must contain administrative and technical information in accordance with the requirements established in this regulation.
4.6 Information contained in documents submitted to the NCA (ANC) to support a registration and that are drafted in a language other than Spanish will be admissible by the NCA (ANC) accompanied by its translation into the Spanish language; the documents indicated in numerals 5.1.b or 6.1.b drafted in a language other than Spanish must be submitted with their respective official translation into the Spanish language.
4.7 If the qualitative-quantitative composition certificate contains information that the applicant considers to have a confidential character, they may request this character before the NCA (ANC), which will evaluate said petition.
4.8 The fertilizer that contains one or more substances within its composition that potentiate or modify the effect thereof without having fertilizing action must be based on biological efficacy trials (controlled conditions or field) carried out in some State Party of the Central American Region or other trials carried out under similar agroecological conditions, which must be endorsed by the NCA (ANC) of the registering country.
4.9 The cost of laboratory analysis derived from the registration process will be covered by the applicant or by the registration holder.
4.10 The validity of registrations for fertilizers and soil amendments for agricultural use shall be ten years from the date the registration is granted, complying with the provisions of this regulation; furthermore, this article will apply to renewals and those registrations of fertilizers and soil amendments for agricultural use that comply with what is indicated in transitory provision I or II.
4.11 The application for registration (Annex I) of a fertilizer or soil amendment for agricultural use shall be valid for a single product, manufacturer, formulator, or extractor.
4.12 A registration of a fertilizer or soil amendment for agricultural use may have several trademarks (marcas comerciales).
4.13 The imported, manufactured, or extracted and commercialized fertilizer or soil amendment for agricultural use must have the label(s) affixed or lithographed on its container or packaging, just as approved to support the registration.
NOTE 1. The foregoing does not apply to bulk presentations, which must be accompanied by their safety sheet or technical data sheet.
4.14 The certificates or constancies that support the registration of a product must have been issued within one year prior to the date of their submission to the NCA (ANC). These documents must be submitted duly legalized.
4.15 The applicant must justify before the NCA (ANC), based on technical and scientific criteria, the non-submission of any required information stipulated as constituting the technical requirements of the product, when demonstrating that it does not apply. For this purpose, the NCA (ANC) will evaluate the arguments under technical and scientific criteria, depending on the nature of the requirement, and must notify the applicant.
4.16 An already registered trademark (marca) may be used to identify a fertilizer or soil amendment for agricultural use of a different chemical composition when, followed by it, the percentage or name of the nutrient elements or components contained in said product is indicated, provided that the trademark does not correspond to the chemical or common name of the product's components.
4.17 An already registered trademark (marca) may be used for registration purposes by a third party provided that the owner thereof authorizes it.
4.18 The NCA (ANC) shall not grant the registration of a fertilizer or soil amendment for agricultural use when:
- a)It does not comply with the provisions of this regulation.
- b)It is demonstrated or proven that the recommended use of the product causes damage to human, animal, or plant health, or to the environment.
- c)The trademark (marca) includes part or all of the product's composition and these are not coincident with what is declared in the composition certificate.
- d)A trademark (marca) or terms are used that induce confusion or do not correspond to the characteristics or identification of the fertilizer or soil amendment for agricultural use to be registered.
4.19) The NCA (ANC) may request, in specific cases of risk to health, environment, and agriculture, additional information to that provided by the applicant or the registration holder, as applicable, when it is essential for granting the registration, renewal, update, or modification of the registration; it is also empowered to require opinions from other entities, all the foregoing upon prior technical and scientific justification.
4.20 The NCA (ANC) shall not grant the registration of soil amendments as fertilizers, or of fertilizers as soil amendments.
5 REGISTRATION OF FERTILIZERS.
5.1 The following administrative requirements are established:
- a)Application, in accordance with Annex 1 b) Certificates of Registration or Free Sale, in original, issued by the NCA (ANC) of the country of origin of the fertilizer's formulation or manufacturing, or any other entity that demonstrates it is legally authorized to issue them. In the event that the product is not registered or is not commercialized in the country of origin of the fertilizer's formulation or manufacturing, a certificate of origin or constancy issued by the NCA (ANC) or any other entity that demonstrates it is legally authorized to issue it must be submitted, indicating the reasons why the product is not registered or is not freely commercialized in the country of origin of the fertilizer's formulation or manufacturing, or a constancy from the NCA indicating that the manufacturer or formulator is authorized to manufacture or formulate agricultural fertilizers. Compliance with this requirement is excepted when the fertilizer is manufactured or formulated in the country of the Central American region where registration is sought.
NOTE 2. When these certificates are issued once only by the NCA (ANC) of the country of origin, the applicant may submit a duly legalized photocopy and at the same time attach the document accrediting said provision.
NOTE 3. If an original certificate of registration or free sale includes two or more products, photocopies of the original certificate may be provided, which must be authenticated or collated with the original in the country where it will be registered.
- c)Qualitative-quantitative composition certificate for the fertilizer, in original, issued and signed by the manufacturer or formulator, indicating the nutrient elements, identifying the sources or compounds they come from, with their chemical formula, as well as the inert ingredients (ingredientes inertes), filler material (material de relleno), and formulation additives, with their corresponding percentages mass/mass for solids and mass/volume for liquids.
- d)Analysis certificate for the fertilizer, in original, provided by the manufacturer or formulator, from a sample of a particular lot, indicating the nutrient elements with their corresponding percentages mass/mass for solids and mass/volume for liquids, signed by the chemistry professional in charge.
Both for literal c) and d), the content of the nutrients present must be declared in the following order and form:
d.1 Primary macronutrients:
d.1.1 Nitrogen: Total Nitrogen, expressed as % N, also indicating the determinable forms of nitrogen; Ammoniacal, Urea, and nitrates and their percentages, and identifying the percentage of Biuret when the Nitrogen comes from urea.
d.1.2 Phosphorus: Total available Phosphorus, expressed as % P2O5 (soluble in water and in ammonium citrate and its %).
d.1.3 Potassium: Available Potassium, expressed as % K2O d.2 Secondary macronutrients:
d.2.1 Magnesium: Available Magnesium, expressed in oxide % MgO (soluble in water) d.2.2 Calcium: Available Calcium, expressed in oxide % CaO (soluble in water) d.2.3 Sulfur: Available Sulfur, expressed in %, as: S (soluble in water) d.3 Micronutrients:
d.3.1 Boron: Available Boron, expressed in % B d.3.2 Copper: Available Copper, expressed in % Cu d.3.3 Cobalt: Available Cobalt, expressed in % Co d.3.4 Manganese: Available Manganese, expressed in % Mn d.3.5 Molybdenum: Available Molybdenum, expressed in % Mo d.3.6 Zinc: Available Zinc, expressed in % Zn d.3.7 Declaration of the presence of other elements considered as nutrients.
NOTE 4. Micronutrients must be expressed as a percentage, with the option to add the dimension ppm in parentheses next to the element name.
d.4 Declaration of the presence or absence of heavy metals (Cadmium, Chromium, Arsenic, Mercury, and Lead), expressing the maximum concentration in ppm, or other substances that may transform in the soil into harmful metabolites.
- e)Draft label(s), applies to:
e.1 Solid and liquid fertilizers, see Annexes 2 and 3 NOTE 5. Labeling does not apply to bulk products; they only need to be accompanied by their corresponding safety sheet or technical data sheet.
e.2 The size of the label must be proportional to the size of the container and its text legibly in Spanish and authorized by the NCA (ANC).
e.3 In the event that the container size does not allow including all the information on the label required in Annex 3, it must include at least the information from the numerals described in Annex 3; 1, 2, 3, 4, 5, 7, 8, 19, 20, 21, and 22, report the percentage of filler material (material de relleno), and attach to the container a pamphlet (panfleto) with the following information: 1, 2, 3, 5 (indicating the names of the nutrient elements), 6, 8 to 20, which must be authorized by the NCA (ANC).
Note 6. The fertilizer composition indicated on the label must be concordant with what is declared in numeral 5.1.d 5.2 The following technical requirements are established:
a. Physical and chemical properties of the fertilizer.
a.1 Physical state a.2 Color a.3 Specific weight or density expressed in g/ml at a determined temperature in degrees Celsius, according to the physical state of the product.
a.4 pH, only for liquids a.5 Solubility in water, only for solids (% or g/L), indicating the temperature.
a.6 Granulometry (average particle diameter in mesh or millimeters for granulated formulations).
a.7 Corrosivity a.8 If the product contains chelated nutrients, chemically identify the chelating agent and its % in weight/volume a.9 If it is a slow-release fertilizer (fertilizante de liberación lenta), indicate the optimal pH of the application mixture a.10 Indicate if it is a physical mixture (mezcla física) or chemical formula (fórmula química) b) Data on fertilizer application b.1 Scope of application: controlled environment, open field, fertigation, others b.2 Recommended crops and method of application.
b.3 Conditions under which the product can be applied, indicate the optimal pH of the application mixture b.4 Compatibility b.5 Phytotoxicity c) Data on safety c.1 Information on personal protective equipment c.2 Procedure for cleaning application equipment c.3 Submit the respective studies that support the storage conditions for maintaining the stability of the product, in order to guarantee its quality and the time during which the physicochemical properties will be maintained.
c.4 Data on the effect on the environment d) Methods of analysis d.1 Indicate the physical and chemical analysis methods, duly referenced (ASTM, AOAC, or other internationally recognized ones); if they are proprietary, demonstrate their validation.
e.) Data on the packaging of the product to be marketed e.1 Type of packaging e.2 Packaging material e.3 Packaging capacity 6. REGISTRATION OF AMENDMENTS (ENMIENDAS) 6.1 The following administrative requirements are established:
- a)Application, in accordance with Anexo 1.
- b)Certificate of registration or Free Sale, in original, issued by the ANC of the country of origin of formulation, manufacture, or extraction of the amendment (enmienda) or any other entity that demonstrates it is legally authorized to issue them. In the event that the product is not registered or not marketed in the country of origin of formulation, manufacture, or extraction of the amendment (enmienda), a certificate of origin or proof issued by the ANC or any other entity that demonstrates it is legally authorized to issue it must be submitted, indicating the reasons why the product is not registered or not freely marketed in the country of origin of formulation, manufacture, or extraction of the amendment (enmienda), or proof from the ANC indicating that the manufacturer, formulator, or extractor is authorized to manufacture, formulate, or extract amendments (enmiendas) for agricultural use. Compliance with this requirement is exempted when the amendment (enmienda) is manufactured, formulated, or extracted in the Central American region country where registration is sought.
NOTE 7. When these certificates are issued on a one-time basis by the ANC of the country of origin, the applicant may submit a duly legalized photocopy and simultaneously attach the document accrediting said provision.
NOTE 8. If an original certificate of registration or free sale includes two or more products, photocopies of the original certificate may be submitted, which must be authenticated or collated with the original in the country where it will be registered.
- c)Qualitative-quantitative composition certificate of the amendment (enmienda), in original, issued and signed by the manufacturer or formulator, indicating its composition, and inert ingredients, with their corresponding mass/mass percentages for solids and mass/volume for liquids.
- d)Certificate of analysis of the amendment (enmienda), in original, provided by the manufacturer, formulator, or extractor, of a sample from a particular batch indicating the components with their corresponding mass/mass percentages for solids and mass/volume for liquids, signed by the chemistry professional in charge.
For both literal c) and d), the content of the components present must be declared, in the following order and form:
d.1 For organic amendments (enmiendas orgánicas), the following shall be declared:
d.1.1. The components must be expressed in percentage (%), weight/weight or weight/volume, according to their physical state, in their elemental form.
d.1.2 Total organic matter d.1.3 Carbon/nitrogen ratio (C/N) d.1.4 Percentage of moisture d.1.5 In the case of humic substances, their identification and percentage thereof d.1.6 Declaration of the presence or absence of heavy metals (Cadmium, Chromium, Arsenic, Mercury, and Lead) and their maximum concentration in parts per million (ppm) or other substances that may transform in the soil into harmful metabolites.
d.2 For mineral amendments (enmiendas minerales), express the guaranteed minimum concentration as follows:
d.2.1. Calcium carbonate CaCO3....................................................... % w/w c.2.2. Calcium oxide CaO............................................................. % w/w c.2.3. Magnesium carbonate MgCO3.................................................... % w/w i.2.4. Magnesium oxide MgO......................................................... % w/w 1.2.5. Calcium sulfate CaSO4........................................................ % w/w d.2.6. Percentage of moisture........................................................ % w/w d.2.7. Declaration of the presence or absence of heavy metals (Cadmium, Chromium, Arsenic, Mercury, and Lead) and their maximum concentration in parts per million (ppm) or other substances that may transform in the soil into harmful metabolites.
- e)Draft label(s), applies to:
e.1 Amendments (Enmiendas) for agricultural use, see anexos 2 and 3 NOTE 9. Labeling does not apply to bulk products; they must be accompanied by their corresponding safety data sheet or technical data sheet.
NOTE 10. The size of the label must be proportional to the size of the packaging; its text must be legibly in Spanish and authorized by the ANC.
NOTE 11. When the size of the packaging does not allow the inclusion of all the information on the label required in anexo 3, the label must include at least the information of the numerals described in anexo 3: 1, 2, 3, 4, 5, 7, 8, 19, 20, 21, and 22, and attach to the packaging a pamphlet with the following information: 1, 2, 3, 5, (indicate the names of the components) 6, 8 through 20, which must be authorized by the ANC.
NOTE 12. The composition of the amendment (enmienda) indicated on the label must be consistent with what is declared in numeral 6.1.d 6.2 The following technical requirements are established:
6.2.1 Physical and chemical properties of the amendment (enmienda) a) Neutralizing capacity (PRNT) for minerals, expressed as a percentage of neutralization compared with 100 kg of pure Calcium Carbonate.
- B)Specific weight or density expressed in g/mL at a determined temperature in degrees Celsius, according to the physical state of the product.
- c)Granulometry (average particle diameter 20, 60, and 100 mesh for granulated products).
6.2.2 Indicate the analysis methods, duly referenced, to determine the composition of the amendment (enmienda); if they are proprietary, demonstrate their validation.
6.2.3 Manufacturing process of the product for amendments (enmiendas) of organic origin 6.2.4 Data on the application and handling of the amendment (enmienda): scope of application, dosage, number and frequency of application, instructions for use, application methods, phytotoxicity, compatibility, management of leftovers, personal protective equipment, cleaning procedures for application equipment, storage conditions, and effects on the environment 6.2.5 Packaging of the product to be marketed, indicate the following:
- a)Type of packaging.
- b)Packaging material.
- c)Packaging capacity.
7. GROUNDS AND REQUIREMENTS FOR MODIFICATION OF REGISTRATIONS 7.1 The registration of a fertilizer or amendment (enmienda) for agricultural use may be modified on the following grounds:
- a)Change of holder.
- b)Change of name or corporate name of the holder, Manufacturer, or formulator c) Change or addition of brand (product name).
- d)Addition and removal of packaging or packing presentations.
- e)Change or expansion of origin of the Manufacturer or formulator.
- f)Inclusion or exclusion of use.
7.2 For the purposes of registration modification, the holder must submit the application indicating the reasons for it, as well as indicate that the composition and the physical-chemical properties of the product do not undergo any modification. Depending on the case, the following requirements must be submitted:
- a)Change of holder a.1 Legal document accrediting the assignment or transfer of said registration.
a.2 Draft label(s) considering the packaging capacity.
- b)Change of name or corporate name of the holder, manufacturer, or formulator.
b.1 Legal document accrediting the change of name, or corporate name of the holder, manufacturer, or formulator.
b.2 Draft label(s) considering the packaging capacity.
- c)Change or addition of brand (product name) c.1 Draft label(s) considering the packaging capacity, with the new brand c.2 Brand certificate when it exists d) Addition and removal of marketing presentations for labeling purposes.
d.1 Type of packaging, packaging material, and packaging capacity d.2 Draft label(s) considering the packaging capacity e) Inclusion or exclusion of use e.1) Draft label(s) considering the packaging capacity, with the requested modification 7.3 For any modification to the registration that implies a change in the product label, the ANC will grant a maximum period of six (6) months to deplete existing stocks of the labeled product or label.
7.4 The modification to the registration of a specific fertilizer or amendment (enmienda) for agricultural use shall be carried out by Administrative Resolution by the ANC; a new registration certificate will be issued in cases where necessary, preserving the number, registration date, and expiration date.
8. SUSPENSION OF REGISTRATION 8.1 The registration of a product shall be subject to suspension when:
- a)The registration holder or the legal representative markets the product with a label not authorized by the ANC.
- b)The judicial authority so orders.
- c)The registration of the holder or the legal representative is expired, d) The natural person (individual) or legal entity dedicated to the manufacture, formulation, or extraction of fertilizers or amendments (enmiendas) for agricultural use, within any State Party of the Central American Region, has its operating permit or license expired.
- e)The registration holder does not provide, within the period granted by the ANC, the information required in numeral 4.19.
- f)The registration holder does not comply with the period established in numeral 7.3 of this regulation.
- g)When a second sampling confirms that the non-compliance with the official standard in the formulation of the product of each State Party of the Central American Region persists.
- f)When the registration holder does not submit what is indicated in Transitorio V and VI within the established time.
NOTE 13. Once the registration of a fertilizer or amendment (enmienda) for agricultural use is suspended, the product may not be processed, manufactured, formulated, imported, exported, extracted, packaged, repackaged, re-packed, or marketed, as applicable. In cases where the suspension is due to product quality, the registrant must submit to the ANC the corrective measure and the deadline for its fulfillment, which will be evaluated by the ANC.
8.2 The suspension shall have a maximum period of up to three (3) months to correct the causes that originated it, except for those suspensions ordered by the judicial authority.
9. CANCELLATION OF REGISTRATION 9.1 The registration of a product may be canceled when:
- a)The registration holder requests it.
- b)The causes that gave rise to the suspension of the registration are not remedied within the period established in numeral 8.2 of this regulation.
- c)When a third sampling confirms that the non-compliance with the official standard in the formulation of the product of each State Party of the Central American Region persists.
- d)The registration was granted with defects of absolute nullity e) It is technically and scientifically demonstrated that the product, even when used under the approved use recommendations, represents an unacceptable risk to health and the environment, or it is demonstrated that the product is ineffective for the uses authorized in the corresponding registration.
- f)The fertilizer or amendment (enmienda) is manufactured or formulated by a company different from the one declared in the registration.
- g)The registration holder fails to submit the registration renewal application for a fertilizer or amendment (enmienda) for agricultural use, as established in numeral 10.1 h) When the registration holder does not submit what is indicated in Transitorio I, II within the established time.
- 10)REGISTRATION RENEWAL 10.1 The registration holder of a fertilizer or amendment (enmienda) for agricultural use must request the registration renewal before the ANC prior to its expiration date.
10.2 For the renewal of the registration of a product registered with requirements established by this regulation, what is requested in numerals 5.1 for fertilizers and 6.1 for amendments (enmiendas) of this regulation must be submitted, depending on whether it is a fertilizer or an amendment (enmienda).
11. FINAL PROVISIONS 11.1 The application of this regulation corresponds to the ANC of each State Party of the Central American Region 12. BIBLIOGRAPHY a) Ley de Protección Fitosanitaria N° 7664, Costa Rica.
- b)Decreto Ejecutivo No. 28429-MAG-MEIC, Costa Rica c) Decreto Ejecutivo No. 26503- MAG, Costa Rica d) Decreto Ejecutivo No. 27973- MAG, Costa Rica e) Decreto legislativo 315 Ley sobre control de pesticidas, fertilización y productos para uso agropecuario y su reglamento, El Salvador.
- f)Decreto legislativo 524 Ley de Sanidad Vegetal y Animal. El Salvador g) Ley Fitozoosanitaria, Decreto N° 157-94 y Decreto N° 344-2005 Honduras h) Reglamento sobre el registro, uso y control de fertilizantes y materias primas, Decreto 002-94 Honduras.
- i)Ley 274 Ley Básica para la regulación y control de plaguicidas, sustancia toxicas, peligrosas y otras similares y su reglamento, Nicaragua.
- j)Acuerdo Ministerial MAGFOR N° 21-2001, Registro de materias simples de fertilizantes edáficos y granulares, Nicaragua.
- k)Ley de Sanidad Vegetal y Animal, Decreto 36-98 y su reglamento Acuerdo Gubernativo 745-99 , Guatemala.
(Normative) LABELING INFORMATION FOR SOLID FERTILIZERS AND AMENDMENTS (ENMIENDAS) Part 1 LABELING INFORMATION FOR FERTILIZERS For presentations greater than or equal to 20 kilograms a) Logo or trade name.
- b)Include the text "FERTILIZER" clearly legible.
- c)Brand (product name).
- d)Legend: physical mixture or chemical formula e) Composition and concentration expressed in % w/w.
e.1) For fertilizers, indicate the nutrient(s) and their % as indicated in numeral 5.1-d and their sources.
e.2) Minor elements must be expressed in percentage, with the option of adding the dimension ppm in parentheses next to the element name.
- f)Net content.
- g)Manufacturer or formulator (indicate the name) and country of origin of the fertilizer.
- h)Importer or Distributor (indicate the name).
- i)Batch number.
- j)Expiration date, k) Country of Registration of the State Party of the Central American Region where it is registered.
- l)Registration No.
- m)If it is a low nutrient concentration fertilizer (sum of NPK content), an informational band must be included in the central part and on both faces of the packaging. This informational band must meet the following characteristics:
m.1) Band width of 30% of the total height of the packaging (bag). Low concentration fertilizers must place the band in the middle part of the bag (around the entire bag).
m.2) The band must be PURPLE (Pantone 2602 C) m.3) The following information must be included within the informational band:
m.3.1 On the front face of the packaging, the text (percentage) of filler material must be included, and at the bottom of this legend, the fertilizer grade, in percentage of nutrient elements: N-P2O5-K2O). For the purposes of this regulation, the front face of the packaging is considered to be the one where the name, formula, and brand of the product, if any, are declared most prominently.
m.3.2 Within the informational band on the back face of the packaging, the following text must be included: LOW NUTRIENT CONCENTRATION FERTILIZER. Within the informational band on the back face of the packaging (bag), the text HIGH CONTENT OF FILLER MATERIAL must be included, and at the bottom of this legend, the content (percentage) of filler material.
m.3.3 The text indicated in literal m.3.1 must be placed in highly legible block letters, and the size of its characters must be 25% of the band's width, and that of literal m.3.2 must be placed in highly legible block letters, and the size of its characters must be 20% of the band's width. The texts shall be placed in uppercase letters, white color, centered both height-wise and width-wise within the band.
m.3.4 The informational band must not interfere with the technical information detailed on the label.
NOTE 14. The information listed above does not prevent a registrant from including more information upon prior evaluation by the ANC.
PART II LABELING INFORMATION FOR AMENDMENTS (ENMIENDAS) a) Logo or trade name b) Brand (product name) c) Name of the component(s) d) Type of Use e) Granulometry (for granulated products) f) Neutralizing capacity PRNT, expressed as a percentage of neutralization (for minerals) g) Composition and concentration expressed in % w/w. Indicate the components and their percentages.
- h)Net content.
- i)Manufacturer, formulator, or extractor (indicate the name) and country of origin of the amendment (enmienda) j) Distributor: (indicate the name) k) Batch number l) Expiration date m) Country of Registration of the state party of the Central American region where it is registered n) Registration No.
- o)Include an informational band at the top of the packaging. This informational band must meet the following characteristics:
p.1) Band width of 30% of the total height of the packaging.
p.2) The band must be CAFE color (Pantone 1545 C) p.2.1) The following information must be included within the informational band:
p.2.1.1) On the front and back faces of the packaging, the text "AGRICULTURAL AMENDMENT" (ENMIENDA AGRÍCOLA) must be included. For the purposes of this regulation, the front face of the packaging is considered to be the one where the name, formula, and brand of the product, if any, are declared most prominently.
p.2.1.3) The text indicated in literal o.2.1.1 must be placed in highly legible block letters, and the size of its characters must be 25% of the band's width. The text shall be placed in uppercase letters, white color, centered both height-wise and width-wise within the band. p.2.1.4) The informational band must not interfere with the technical information detailed on the label.
NOTE 15. The use of terms different from the characteristics of an amendment (enmienda) that may mislead the farmer is prohibited.
NOTE 16. The information listed above does not prevent a registrant from including more information upon prior evaluation by the ANC.
(Normative) LABELING INFORMATION FOR FERTILIZERS AND AMENDMENTS (ENMIENDAS) For all liquid presentations and solid presentations less than 20 kilograms.
1. Legend in uppercase and bold: STOP! READ THIS LABEL BEFORE HANDLING THE PRODUCT.
2. Brand (product name) 3. Class: (Indicate if the product is a fertilizer or an amendment (enmienda)) 4. Legend: For fertilizers indicate: Physical mixture or Chemical formula 5. Composition, concentration expressed in % w/v or w/w, as applicable.
5.1 For fertilizers, indicate the nutrient(s) and their % as indicated in numeral 5.1.d and their sources.
5.2 Minor elements must be expressed in percentage, with the option of adding the dimension ppm in parentheses next to the element name.
5.3 For amendments (enmiendas), indicate the component(s) and their % as indicated in numeral 6.1.d and their sources.
6. Density expressed in g/ml for liquids 7. Net content 8. Manufacturer, formulator, or extractor (indicate the name) and country of origin of the fertilizer or amendment (enmienda) 9. Importer and distributor 10. Indicate first aid in case of poisoning 11. Mitigation (protection) measures for the environment 12. Storage and transport.
13. Instructions for use 14. Crop or families 15. Preparation of the mixture 16. Application method 17. Incompatibility 18. Phytotoxicity 19. Country of Registration of the state party of the Central American region where it is registered 20. Registration number 21. Batch number 22. Expiration date 23. For low nutrient concentration fertilizers, it must comply with what is indicated in part I, literal "m" of anexo II.
24. For amendments (enmiendas), what is indicated in part II, literal "o" of anexo II must be included.
NOTE 17. The information listed above does not prevent a registrant from including more information upon prior evaluation by the ANC.