374-2015 (COMIECO-LXXIV) of the Council of Ministers for Economic Integration dated December 4, 2015, and its Annex: "Central American Technical Regulation RTCA 65.05.54:15 Fertilizers and soil amendments for agricultural use. Requirements for registration" and its Erratum dated February 5, 2016, which are transcribed below:
(COMIECO-LXXIV) THE COUNCIL OF MINISTERS FOR ECONOMIC INTEGRATION
That in accordance with Articles 38 and 55 of the Protocol to the General Treaty on Central American Economic Integration -Guatemala Protocol-, modified by the Amendment of February 27, 2002, the Council of Ministers for Economic Integration (COMIECO) has under its competence the matters of Central American Economic Integration and, as such, is responsible for approving the administrative acts applicable in the States Party to the Economic Subsystem; That COMIECO, through Resolution No. 314-2013 (COMIECO-EX) of July 5, 2013, approved the Central American Technical Regulation RTCA 65.05.54:09 FERTILIZERS AND SOIL AMENDMENTS FOR AGRICULTURAL USE. REQUIREMENTS FOR REGISTRATION, which entered into force on January 5, 2014; That the States Party, taking into account the experience gained in the application of that Regulation, made the decision to review it and as a result thereof, agreements were reached by the competent authorities on the proposed modification to said Regulation; That the Meeting of Vice Ministers for Central American Economic Integration, upon reviewing the technical proposal, has submitted it to this Forum for its knowledge and approval,
Based on the provisions of Articles 1, 3, 5, 7, 15, 26, 30, 36, 37, 38, 46, 52 and 55 of the Protocol to the General Treaty on Central American Economic Integration -Guatemala Protocol-,
1. Modify, by total substitution, the Central American Technical Regulation RTCA 65.05.54:09 FERTILIZERS AND SOIL AMENDMENTS FOR AGRICULTURAL USE. REQUIREMENTS FOR REGISTRATION, with the Central American Technical Regulation RTCA 65.05.54:15 FERTILIZERS AND SOIL AMENDMENTS FOR AGRICULTURAL USE. REQUIREMENTS FOR REGISTRATION, in the form that appears in the Annex to this Resolution and which forms an integral part thereof.
2 . This Regulation shall enter into force for Panama, in accordance with the provisions established - in this Resolution. Consequently, this Resolution is the administrative act referred to in the Transitional Article of the Protocol for the Incorporation of the Republic of Panama into the Economic Integration Subsystem and numeral 3 of Resolution 314 - 2013 (COMIECO - EX).
3. Resolution No. 314-2013 (COMIECO-EX) of July 5, 2013, and its Annex, are repealed. .
4. This Resolution shall enter into force on May 4, 2016, and shall be published by the States Party.
San Salvador, El Salvador, December 4, 2015.
The undersigned Director of Economic Integration and Competitiveness, in charge of the General Secretariat of the Secretariat for Central American Economic Integration (SIECA), CERTIFIES: That the present photocopy and the one preceding it, printed only on their front side, as well as the twenty-four (24) pages of the attached annex, initialed and sealed with the SIECA seal, faithfully reproduce Resolution No. 374-2015 (COMIECO-LXXIV), adopted by the Council of Ministers for Economic Integration, on the fourth (4th) of December of two thousand fifteen (2015), from whose originals they were reproduced. And, to be sent to the States Party for their corresponding publication, I issue the present certified copy in the city of Guatemala, on the eighth (8th) of December of two thousand fifteen.
CENTRAL AMERICAN TECHNICAL REGULATION RTCA 65.05.54:15 __________________________________________________________________ FERTILIZERS AND SOIL AMENDMENTS FOR AGRICULTURAL USE. REQUIREMENTS FOR REGISTRATION ________________________________________________________________ CORRESPONDENCE: This Regulation does not correspond to any international standard.
ICS 65.080 RTCA 65.05.54:15 _____________________________________________________________ Central American Technical Regulation edited by:
Ministry of Economy, Industry and Commerce, MElC Salvadoran Technical Regulation Organization, OSARTEC Ministry of Economy, MINECO Secretariat of Economic Development, SDE and Ministry of Development, Industry and Commerce, MIFlC Ministry of Commerce and Industries, MICl CENTRAL AMERICAN TECHNICAL REGULATION RTCA 65.05.54:15 __________________________________________________________________ FERTILIZERS AND SOIL AMENDMENTS FOR AGRICULTURAL USE. REQUIREMENTS FOR REGISTRATION ________________________________________________________________ CORRESPONDENCE: This Regulation does not correspond to any international standard.
ICS 65.080 RTCA 65.05.54:15 _____________________________________________________________ Central American Technical Regulation edited by:
Ministry of Economy, Industry and Commerce, MElC Salvadoran Technical Regulation Organization, OSARTEC Ministry of Economy, MINECO Secretariat of Economic Development, SDE and Ministry of Development, Industry and Commerce, MIFlC Ministry of Commerce and Industries, MICl 1. OBJECTIVE 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, repackaged or rebottled, imported, exported, distributed, and marketed in the States Party of the Central American region.
Does not apply to those special formulas of fertilizers used within the territory of the country that formulates them. The use of these formulas shall be regulated according to the legislation in force in each State Party of the Central American region.
3. DEFINITIONS AND TERMINOLOGY 3.1 Update of registrations: process by which the holders of registrations of fertilizers and soil amendments granted before the entry into force of this regulation and which are in force, and those contemplated in transitional provision II, will provide to the National Competent Authority (Autoridad Nacional Competente, ANC), the information required by this regulation.
3.2 Marginal note: note made in the margin of the registration when it is modified.
3.3 National Competent Authority (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 that is present in a fertilizer, in a certain chemical form, in which it is used for plant nutrition.
3.5 Total element: total concentration of the nutrient soluble in inorganic acids present in a fertilizer.
3.6 Soil amendment: 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 contribute nutrients in a form available to the plant.
3.7 Container or package: suitable recipient that is in direct contact with the fertilizer or soil amendment for agricultural use, to preserve it, identify it, and facilitate its transport.
3.8 Label: 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 package.
3.9 Extractor: natural person (individual) or legal entity dedicated to the extraction and preparation of soil amendments for agricultural use.
3.10 Manufacturer: 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.
3.11 Fertilizer: product of natural or synthetic origin, that applied to the soil, substrate, or foliage, supplies one or several nutrient elements available to the plant, and that can be used as a component in the formulation of another fertilizer.
3.12 Low-concentration fertilizer: granulated fertilizer, applied to the soil and 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 package. This definition does not apply to monoproducts.
3.13 Slow-release fertilizer: 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.
3.14 Special formula: those prepared to satisfy the specific nutritional needs of a crop, on a production unit, which are not marketed through distribution chains.
3.15 Chemical formula: homogeneous product resulting from the chemical reaction that occurs between two or more compounds, involving physical and chemical changes of the initial compounds.
3.16 Formulator: natural person (individual) or legal entity dedicated to the formulation of fertilizers and soil amendments for agricultural use.
3.17 To formulate: action of proportionally mixing fertilizer elements or products, or soil amendment components, with or without the aid of formulation adjuvants.
3.18 Confidential information: information classified as such in this regulation and by the regulations in force on this matter in each State Party of the Central American region.
3.19 Inert ingredient: any substance without fertilizing or soil amending action for agricultural use that is used as a vehicle, filler material, or conditioner in a formulation.
3.20 Trademark: any visible sign, capable of distinguishing the products or services of one company from the products or services of other companies.
3.21 Filler material: substance that is not a fertilizing material, which is added to a physical mixture or chemical formula.
3.22 Physical mixture: product obtained from the mixture or combined granulation of two or more fertilizing materials or soil amendments, without chemical reactions occurring between their components.
3.23 Modification to the registration: changes, additions, or deletions in the registration entry, requested by the holder thereof.
3.24 Monoproduct: fertilizer containing a single type of chemical compound or in which no mixture has been made in the product.
3.25 Trade name: name, denomination, designation, or abbreviation that identifies or distinguishes a company or establishment in its commercial activity.
3.26 Pamphlet: printed material accompanying each commercial presentation of a fertilizer or soil amendment for agricultural use that contains complementary information to the label.
3.26 (bis) Extracted product: fertilizer or soil amendment extracted from nature, of animal, plant, or mineral origin, regardless of its physical state.
(Thus added the previous point through section 1) of the operative part of Resolution No. 415-2019 (COMIECO-LXXXVIII) dated October 25, 2019, which approves the incorporation into the "Central American Technical Regulation RTCA 65.05.54:15 fertilizers and soil amendments for agricultural use, requirements for registration," the definitions of extracted product and formulated product", approved by Executive Decree No. 42273 of November 18, 2019) 3.26 (ter) Formulated product: fertilizer, soil amendment, mixture of fertilizers or soil amendments of animal, plant, mineral, or synthetic origin, with or without formulation adjuvants or inert ingredients, regardless of its physical state.
(Thus added the previous point through section 1) of the operative part of Resolution No. 415-2019 (COMIECO-LXXXVIII) dated October 25, 2019, which approves the incorporation into the "Central American Technical Regulation RTCA 65.05.54:15 fertilizers and soil amendments for agricultural use, requirements for registration," the definitions of extracted product and formulated product", approved by Executive Decree No. 42273 of November 18, 2019) 3.27 Natural product: fertilizer or soil amendment originating from nature, of animal, plant, or mineral origin, used as such in simple form or forming part of a more complex mixture.
3.28 Synthetic product: fertilizer or soil amendment generated from other materials in which chemical reactions occur, modifying the original components.
3.29 Rebottled or repackaged: action of transferring the product from its original container to other presentations.
3.30 Registration: administrative, technical, and legal process by which every application for registration of a fertilizer or soil amendment for agricultural use is evaluated by the ANC, prior to the entry of a product.
3.31 Legal representative: natural person (individual) who represents the holder or owner of the registration and is responsible before the ANC.
3.32 Applicant: natural person (individual) or legal entity that requests from the ANC, the registration, renewal, modification, and update of the registration, of a fertilizer and soil amendments for agricultural use for commercial purposes.
3.33 Registration holder: natural person (individual) or legal entity, owner of the registration of a fertilizer or soil amendment for agricultural use, before the ANC.
4. GENERAL PROVISIONS 4.1 The natural person (individual) or legal entity that intends to manufacture, formulate, extract, register, modify, renew, import, package, rebottle, repackage, export, store, market fertilizers and soil amendments for agricultural use, must be registered as such before the ANC in accordance with the legislation in force in 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 ANC prior to their import, export, manufacture, formulation, packaging, rebottling, repackaging, and marketing.
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 The information contained in documents submitted to the ANC to support a registration and that are written in a language other than Spanish, will be admissible by the ANC accompanied by its translation into Spanish; the documents indicated in numerals 5.1.b or 6.1.b written in a language other than Spanish must be submitted with their respective official translation into Spanish.
4.7 If the qualitative-quantitative composition certificate contains information that the applicant considers to be confidential, they may request this character before the ANC, who will evaluate said petition.
4.8 If the registrant of a fertilizer declares that the product to be registered contains one or several substances within its composition, which have no fertilizing action or effect, but which potentiates or modifies its effect, they must submit the efficacy studies or trials (in the field or under controlled conditions) that attest to the effects of said substances.
4.9 The cost of the laboratory analysis derived from the registration process shall be covered by the applicant or by the registration holder.
4.10 The validity of the registrations of fertilizers and soil amendments for agricultural use shall be ten years from the date on which the registration is granted, complying with the provisions of this regulation; furthermore, this article shall apply to renewals and those registrations of fertilizers and soil amendments for agricultural use that comply with what is indicated in transitional provision I.
4.11 The registration application (Annex I) for 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 commercial trademarks.
4.13 The fertilizer or soil amendment for agricultural use that is imported, manufactured, formulated, or extracted and marketed must have adhered or lithographed on its container or package, the label(s) as approved to support the registration.
NOTE 1. The foregoing does not apply to bulk presentations, which must be accompanied by their safety data sheet or technical data sheet.
4.14 The certificates or evidence supporting the registration of a product must have been issued within a period of one year, prior to the date of their submission to the ANC. These documents must be submitted duly legalized.
4.15 The applicant must justify before the ANC, based on technical and scientific criteria, the non-submission of any requirement of the stipulated information that constitutes the technical requirements of the product, when they demonstrate that it does not apply. For this purpose, the ANC will evaluate the arguments under technical and scientific criteria, according to the nature of the requirement, and must notify the applicant.
4.16 A trademark already registered may be used to identify a fertilizer or soil amendment for agricultural use of a different chemical composition when, followed by the same, the percentage or the 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 A trademark already registered may be used with registration purposes by a third party provided that the owner of the same authorizes it.
4.18 The 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 harm to human, animal, or plant health, or to the environment.
- c)The trademark includes part or all of the composition of the product, and these are not coincident with what is declared in the composition certificate.
- d)A trademark 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 ANC may request, in specific cases of risk to health, the environment, and agriculture, additional information to that provided by the applicant or 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 of the foregoing after prior technical and scientific justification.
4.20 The ANC shall not grant the registration of soil amendments as fertilizers, or of fertilizers as soil amendments.
5. ON THE REGISTRATION OF FERTILIZERS 5.1 The following administrative requirements are established:
- a)Application in accordance with Annex 1.
- b)Certificate of registration or free sale or for export, in original, issued by the ANC of the country of origin of formulation or manufacture of the fertilizer or any other entity that is legally empowered to issue the same.
In the event that the product is not registered or is not marketed in the country of origin of formulation or manufacture of the fertilizer, a record must be submitted, issued or endorsed by the ANC or any other entity legally empowered to issue the same, indicating such condition, or a record from the ANC or any other entity legally empowered to issue the same, indicating that the manufacturer or formulator is authorized to manufacture or formulate or export fertilizers for agricultural use.
If none of the above can be fulfilled, a letter issued by the manufacturer, formulator, or exporter must be provided. This must be endorsed by any other trade association entity enabled for this purpose, with the respective legal authentications. Compliance with this requirement is exempted when the fertilizer is manufactured or formulated in the country of the Central American region where it is intended to be registered.
NOTE 2. 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 also attach the document accrediting said provision.
NOTE 3. If an original registration or free sale certificate includes two or more products, photocopies of the original certificate may be delivered, which must be authenticated or collated with the original in the country where the product will be registered.
- c)Qualitative-quantitative composition certificate of the fertilizer, in original, issued and signed by the manufacturer or formulator, indicating the nutrient elements, identifying the sources or compounds from which they originate, with their chemical formula, as well as the inert ingredients, filler material, and formulation additives, with their corresponding percentages mass/mass for solids and mass/volume for liquids.
- d)Certificate of analysis of the fertilizer, in original, provided by the manufacturer or formulator, of a sample from a particular batch indicating the nutrient elements with their corresponding percentages mass/mass for solids and mass/volume for liquids, signed by the chemistry professional in charge.
For both 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 indicate the determinable forms of nitrogen: ammoniacal, ureic, and nitrates, and their percentages, and identify the percentage of biuret when the nitrogen comes from a urea.
d.1.2 Phosphorus: total and available phosphorus, expressed as % P2O5 (soluble in water and in ammonium citrate, and their % percentages).
d.1.3 Potassium: available potassium, expressed as % K2O.
d.2 Secondary macronutrients:
d.2.1 Calcium: available calcium, expressed in oxide %, CaO (soluble in water).
d.2.2 Magnesium: available magnesium, expressed in oxide %, MgO (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 Cobalt: available cobalt, expressed in %, Co.
d.3.3 Copper: available copper, expressed in %, Cu.
d.3.4 Iron: available iron, expressed in %, Fe.
d.3.5 Manganese: available manganese, expressed in %, Mn.
d.3.6 Molybdenum: available molybdenum, expressed in %, Mo.
d.3.7 Zinc: available zinc, expressed in %, Zn.
d.3.8 Declaration of the presence of other elements considered as nutrients.
NOTE 4. Micronutrients must be expressed as a percentage, with the option of adding the unit 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. Label project(s), applies to:
e.1 Solid and liquid fertilizers, see Annexes 2 and 3.
NOTE 5. Labeling does not apply to bulk products; they must only be accompanied by their corresponding safety data sheet or technical data sheet.
e.2 The size of the label must be proportional to the size of the container, and its text legible in Spanish and authorized by the ANC.
e.3 If the size of the container does not allow including all the information on the label required in Annex 3, it must include at least the information of the numerals described in Annex 3: 1, 2, 3, 4, 5, 7, 8, 19, 20, 21, and 22, report the percentage of the filler material, and attach to the container a pamphlet with the following information: 1, 2, 3, 5 (indicating the names of the nutrient elements), 6, 8 through 20, which must be authorized by the ANC.
Note 6. The composition of the fertilizer indicated on the label must be consistent with what is declared in numeral 5.1. c.
(Thus amended note 6) above by Resolution No. 479-2023 (COMIECO-EX) dated November 16, 2023, which approved partial modifications to the "Central American Technical Regulation RTCA 65.05.54:15 Fertilizers and Soil Amendments for Agricultural Use. Requirements for Registration", approved by Executive Decree No. 44678 of May 16, 2024) 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 specific 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 mass/volume.
(Thus amended the literal a.8) above by Resolución N° 479-2023 (COMIECO-EX) dated November 16, 2023, which approved partial amendments to the "Reglamento Técnico Centroamericano RTCA 65.05.54:15 Fertilizantes y Enmiendas de Uso Agrícola. Requisitos para el Registro", approved by decreto ejecutivo N° 44678 of May 16, 2024) a.9 If it is a slow-release fertilizer, chemically indicate its composition.
a.10 Indicate if it is a physical mixture or chemical formula.
- 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 Application equipment cleaning procedure.
c.3 For solid and liquid formulations, present the product storage conditions (relative humidity and temperature, among others), in order to guarantee its quality. In the case of liquid formulations, the ANC will accept an expiration date of up to two years from its formulation. When the registrant requests an extension of the initial expiration date, they must present the accelerated storage stability study, using an internationally recognized methodology to guarantee the quality of its physical properties (without phase separation, turbidity, and precipitates, among others).
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); in the case of proprietary methods, demonstrate their validation.
- e)Data on the container of the product to be commercialized.
e.1 Type of container.
e. 2 Material of the container.
e.3 Capacity of the container.
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 or export, in original, issued by the ANC of the country of origin of the formulation, manufacture, or extraction of the amendment (enmienda) or any other entity that is legally authorized to issue it.
In the event that the product is not registered or not commercialized in the country of origin of the formulation, manufacture, or extraction of the amendment (enmienda), a certification issued or endorsed by the ANC or any other entity that is legally authorized to issue it must be presented, indicating that condition, or a certification from the ANC or any other entity that is legally authorized to issue it and indicating that the manufacturer, formulator, or extractor is authorized to manufacture, formulate, or extract the amendment (enmienda) for agricultural use.
In the event that none of the above can be fulfilled, a letter issued by the manufacturer, formulator, or extractor must be provided. This must be endorsed by any trade association enabled for this purpose, with the respective legal authentications. Compliance with this requirement is exempted when the amendment (enmienda) is manufactured, formulated, or extracted in the country of the Central American region where registration is sought.
NOTE 7. When these certificates are issued only once by the ANC of the country of origin, the applicant may present 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 provided, 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, from a sample of 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 literals 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 mass/mass and mass/volume percentages, according to their physical state, in their elemental form.
(Thus amended the literal d.1.1) above by Resolución N° 479-2023 (COMIECO-EX) dated November 16, 2023, which approved partial amendments to the "Reglamento Técnico Centroamericano RTCA 65.05.54:15 Fertilizantes y Enmiendas de Uso Agrícola. Requisitos para el Registro", approved by decreto ejecutivo N° 44678 of May 16, 2024) d.1.2 Total organic matter.
d.1.3 Carbon/nitrogen ratio (C/N).
d.1.4 Moisture percentage.
d.1.5 For 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 can be transformed in the soil into harmful metabolites.
(*)d.2 For inorganic amendments (enmiendas inorgánicas), the guaranteed minimum concentration must be expressed as follows:
d.2.1 Calcium Carbonate CaCO3.. % m/m d.2.2 Calcium Oxide CaO.. % m/m d.2.3 Magnesium Carbonate MgC03.. % m/m d.2.4 Magnesium Oxide MgO.. % m/m d.2.5 Calcium Sulfate CaSO4.. % m/m d.2.6 Moisture percentage.. % m/m 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 can be transformed in the soil into harmful metabolites.
(*) (Thus amended the literal d.2) above by Resolución N° 479-2023 (COMIECO-EX) dated November 16, 2023, which approved partial amendments to the "Reglamento Técnico Centroamericano RTCA 65.05.54:15 Fertilizantes y Enmiendas de Uso Agrícola. Requisitos para el Registro", approved by decreto ejecutivo N° 44678 of May 16, 2024) e) Draft label(s), applies to:
Amendments for agricultural use (Enmiendas de uso agrícola), 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 container; its text must be legible in Spanish and authorized by the ANC.
NOTE 11. When the size of the container does not allow including all the information on the label required in Anexo 3, the label must include at minimum 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 container a pamphlet with the following information: 1, 2, 3, 5, (indicate the names of the components) 6, 8 to 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. c.
(Thus amended note 12) above by Resolución N° 479-2023 (COMIECO-EX) dated November 16, 2023, which approved partial amendments to the "Reglamento Técnico Centroamericano RTCA 65.05.54:15 Fertilizantes y Enmiendas de Uso Agrícola. Requisitos para el Registro", approved by decreto ejecutivo N° 44678 of May 16, 2024) 6.2 The following technical requirements are established:
6.2.1 Physical and chemical properties of the amendment (enmienda).
- a)Neutralizing capacity (PRNT) for inorganic amendments (enmiendas inorgánicas), expressed in percentage of neutralization compared to 100 kg of pure calcium carbonate.
- b)Specific weight or density expressed in g/mL at a specific 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); in the case of proprietary methods, demonstrate their validation.
6.2.3 Manufacturing process of the product for amendments of organic origin (enmiendas de origen orgánico).
6.2.4 Data on the application and management 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, application equipment cleaning procedures, storage conditions, and effects on the environment.
6.2.5 Container of the product to be commercialized, indicate the following:
- a)Type of container b) Material of the container c) Capacity of the container 7. GROUNDS AND REQUIREMENTS FOR MODIFICATION OF REGISTRATIONS 7.1 The registration of a fertilizer or amendment (enmienda) for agricultural use may be modified for 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 elimination of container or packaging presentations.
- e)Change or expansion of the origin of the manufacturer or formulator.
- f)Inclusion or exclusion of use.
7.2 For purposes of modification to the registration, 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 presented:
- a)Change of holder a.1) Legal document accrediting the assignment or transfer of said registration.
a.2) Draft label(s) considering the capacity of the container.
- 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 capacity of the container.
- c)Change or addition of brand (product name) c.1) Draft label(s) considering the capacity of the container, with the new brand.
c.2) Brand certificate when one exists.
- d)Addition and elimination of commercialization presentations for labeling purposes d.1) Type of container, material of the container, and capacity of the container.
d.2) Draft label(s) considering the capacity of the container e) Change or expansion of the origin of the manufacturer or formulator e.1) For fertilizers, the respective application and the documents established in Articles 5.1: a), b), e), d) (including literals d.1 to d.4), product safety data sheet must be provided. The certificate of analysis must include granulometry and moisture issued by the manufacturer, and additionally, the presentation of the label with said change.
e.2) For amendments (enmiendas), the documents established in Article 6.1: a), b), e), d) (including what is established in literals d.1 and d.2 when applicable) must be attached to the application. Additionally, the presentation of the label with said change.
For mineral amendments (enmiendas minerales), the provisions of numeral 6.2.1 a) must be met.
- f)Inclusion or exclusion of use Draft label(s) considering the capacity of the container, 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 exhaust the stocks of the labeled product or labels.
7.4 The modification to the registration of a specific fertilizer or amendment (enmienda) for agricultural use will be made through an Administrative Resolution by the ANC; a new registration certificate will be issued in cases where necessary, retaining the number, registration date, and expiration date.
8. SUSPENSION OF REGISTRATION 8.1 The registration of a product will be subject to suspension when:
- a)The holder of the registration or the legal representative commercializes 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 (physical, 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 holder of the registration does not provide, within the period granted by the ANC, the information required in numeral 4.19.
(Note from Sinalevi: By means of the Fe de Erratas contained in resolución No. 374-2015 (COMIECO LXXIV), which approved the Reglamento Técnico Centroamericano RTCA 65.05.5415 Fertilizantes y enmiendas de uso agrícola. Requisitos para el registro, the preceding subsection e) was corrected. Previously it stated: "The holder of the registration does not provide, within the period granted by the ANC, the information required in numeral 4.18") f) The holder of the registration does not comply with the period established in numeral 7.3 of this regulation.
- g)When in a second sampling it is verified that the non-compliance with the official standard in the product formulation of each State Party of the Central American region persists.
- h)When the holder of the registration does not present, within the established time, what is indicated in Transitorio IV and V.
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, filled, refilled, repackaged, or commercialized as applicable. In cases where the suspension is due to product quality, the registrant must present the corrective measure and the period to fulfill it to the ANC, which will be evaluated by the ANC.
8.2 The suspension will 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 holder of the registration 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 in a third sampling it is verified that the non-compliance with the official standard in the product formulation 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 recommendations for use, represents an unacceptable risk to health and the environment, or it is demonstrated that the product is ineffective for the uses that were authorized in the corresponding registration.
- f)The fertilizer or amendment (enmienda) is manufactured or formulated by a company different from that declared in the registration.
- g)The holder of the registration does not submit the application for renewal of the registration of a fertilizer or amendment (enmienda) for agricultural use, as established in numeral 10.1 h) When the holder of the registration does not present, within the established time, what is indicated in Transitorio I.
10. RENEWAL OF REGISTRATION 10.1 The holder of the registration of a fertilizer or amendment (enmienda) for agricultural use must request the renewal of the registration 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 presented, 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.
BIBLIOGRAPHY a) Ley de Protección Fitosanitaria No. 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, fertilizantes 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 No. 157-94 and Decreto No. 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, sustancias toxicas, peligrosas y otras similares y su reglamento, Nicaragua.
- j)Acuerdo Ministerial MAGFOR No. 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.
l)
(Normative) Application for registration for fertilizers and amendments (enmiendas)
(Normative) LABELING INFORMATION FOR SOLID FERTILIZERS AND AMENDMENTS Part I LABELING INFORMATION FOR FERTILIZERS For presentations greater than or equal to 20 kilograms:
- a)Logo or trade name.
- b)Include the text "FERTILIZANTE" clearly legible.
- c)Brand (product name).
- d)Legend: physical mixture or chemical formula.
- e)Composition and concentration expressed in mass/mass percentages.
(Thus amended the literal e) above by Resolución N° 479-2023 (COMIECO-EX) dated November 16, 2023, which approved partial amendments to the "Reglamento Técnico Centroamericano RTCA 65.05.54:15 Fertilizantes y Enmiendas de Uso Agrícola. Requisitos para el Registro", approved by decreto ejecutivo N° 44678 of May 16, 2024) e.1) In the case of 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 to add the ppm dimension 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 number.
- m)If it is a low nutrient concentration fertilizer (sum of NPK content), an informational strip must be included in the central part and on both sides of the packaging. This informational strip must meet the following characteristics:
m.1) Width of the strip equivalent to 30% of the total height of the packaging (bag). Low concentration fertilizers must place the strip on the middle part of the bag (around the entire bag).
(Note from Sinalevi: By means of the Fe de Erratas contained in resolución No. 374-2015 (COMIECO LXXIV), which approved the Reglamento Técnico Centroamericano RTCA 65.05.5415 Fertilizantes y enmiendas de uso agrícola. Requisitos para el registro, the preceding subsection m.1) was corrected. Previously it stated: ""Width of the strip equivalent to 30% of the total height of the packaging") m.2) The strip must be PURPLE in color (pantone 2602 C).
m.3) Inside the informational strip, the following information must be included:
m.3.1) On the front face of the packaging, the text "(percentage) of filler material" must be included, and below this legend, the fertilizer grade, in percentage of the 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 product name, formula, and brand (if any) are most prominently declared.
m.3.2 Inside the informational strip on the dorsal face of the packaging, the text: LOW NUTRIENT CONCENTRATION FERTILIZER (FERTILIZANTE DE BAJA CONCENTRACIÓN DE NUTRIENTES) must be included. Inside the informational strip on the dorsal face of the packaging (bag), the text HIGH CONTENT OF FILLER MATERIAL (ALTO CONTENIDO DE MATERIAL DE RELLENO) must be included; and below this legend, the content (percentage) of filler material.
(Note from Sinalevi: By means of the Fe de Erratas contained in resolución No. 374-2015 (COMIECO LXXIV), which approved the Reglamento Técnico Centroamericano RTCA 65.05.5415 Fertilizantes y enmiendas de uso agrícola. Requisitos para el registro, the preceding subsection m.3.2) was corrected. Previously it stated: ""Inside the informational strip on the dorsal face of the packaging, the text "the fertilizer grade (N-P2O5-K2O)" must be included, and below this legend, "(percentage) of filler material") m.3.2 The text indicated in literal m.3.1 must be placed in highly legible print, and the size of its characters must be 25% of the width of the strip; and that of literal m.3.2 must be placed in highly legible print, and the size of its characters must be 20% of the width of the strip. The texts shall be placed in uppercase letters, white color, centered along the height and width of the strip.
m.3.4 The informational strip 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, subject to 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 in percentage of neutralization (in the case of minerals).
- g)Composition and concentration expressed in mass/mass percentages. Indicate the components and their percentages.
(Thus amended the literal g) above by Resolución N° 479-2023 (COMIECO-EX) dated November 16, 2023, which approved partial amendments to the "Reglamento Técnico Centroamericano RTCA 65.05.54:15 Fertilizantes y Enmiendas de Uso Agrícola. Requisitos para el Registro", approved by decreto ejecutivo N° 44678 of May 16, 2024) 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 number ..
- o)Include an informational strip at the top of the packaging. This informational strip must meet the following characteristics:
O.1) Width of the strip equivalent to 30% of the total height of the packaging.
O.2) The strip must be BROWN in color (pantone 1545 C).
O.2.1) Inside the informational strip, the following information must be included:
O.2.1.1) On the front and dorsal 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 product name, formula, and brand (if any) are most prominently declared.
O.2.1.3) The text indicated in literal 0.2.1.1 must be placed in highly legible print, and the size of its characters must be 25% of the width of the strip. The text shall be placed in uppercase letters, white color, centered along the height and width of the strip.
O.2.1.4) The informational strip 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 mislead the farmer is prohibited.
NOTE 16. The information listed above does not prevent a registrant from including more information, subject to 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: ¡ALTO! LEA ESTA ETIQUETA ANTES DE MANIPULAR EL PRODUCTO.
2. Brand (product name).
3. Class: (indicate if the product is a fertilizer or an amendment (enmienda)).
4. Legend: for solid fertilizers, indicate: physical mixture or chemical formula.
5. Composition, concentration expressed in mass/mass and mass/volume percentages, as applicable.
(Thus amended the literal 5) above by Resolución N° 479-2023 (COMIECO-EX) dated November 16, 2023, which approved partial amendments to the "Reglamento Técnico Centroamericano RTCA 65.05.54:15 Fertilizantes y Enmiendas de Uso Agrícola. Requisitos para el Registro", approved by decreto ejecutivo N° 44678 of May 16, 2024) 5.1 In the case of 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 to add the ppm dimension in parentheses next to the element name.
5.3 In the case of 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 intoxication.
11. Mitigation measures (protection) for the environment.
12. Storage and transport.
13. Instructions for use.
14. Crop or families.
15. Preparation of the mixture.
16. Form of application.
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, subject to prior evaluation by the ANC.
TRANSITIONAL PROVISIONS