Notice of Development of Rulemaking

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services
RULE NO: RULE TITLE
5E-1.016: Commercial Values for Penalty Assessments
PURPOSE AND EFFECT: The purpose of this rule is to provide the most recent market prices of fertilizer components to be used for penalty assessments of deficient fertilizer.
SUBJECT AREA TO BE ADDRESSED: Rule 5E-1.016 updates the most recent market prices of fertilizer components to be used for penalty assessments of deficient fertilizers.
SPECIFIC AUTHORITY: 576.181(2) FS. 570.07(23) FS.
LAW IMPLEMENTED: 576.051(2), 576.051(7) FS., 576.061 FS. 576.071 FS. 576.181 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: May 8, 2006, 8:00 a.m.
PLACE: Agricultural Environmental Services Conference Room, 3125 Conner Blvd., Tallahassee, Florida.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mr. Dale W. Dubberly, Chief, Bureau of Compliance Monitoring, Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Building # 8, Tallahassee, Florida 32399-1650 (850)488-8731.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5E-1.016 Commercial Values for Penalty Assessments.

The commercial values used in assessing penalties for plant nutrient deficiencies are determined by the annualized average market prices published by the Green Markets Publication (effective 3/27/06), Chemical Market Reporter Publication (effective 8-13-01) which is hereby incorporated by reference. Commercial Values not provided in Industry Publications will be established thru survey approved by the Fertilizer Technical Council. Copies may be obtained from the Green Markets, 1010 Wayne Avenue, Suite 1400, Silver Spring, MD 20910 USA. Chemical Market Reporter, 307 Southgate Court, Brentwood, TN 37027. This rule shall be reviewed annually.

(1) PRIMARY PLANT NUTRIENTS.

 

Guaranteed

as

Commercial Values

(Per unit*)

Total Nitrogen

N

$8.14

5.49

Nitrate Nitrogen

N

7.80

5.39

Ammoniacal Nitrogen

N

6.32

4.60

Water Soluble or Urea Nitrogen

N

5.17

4.81

Slow Release Nitrogen (from other SRN sources)

N

13.48

4.48

Water Insoluble Nitrogen

N

13.29

12.32

Available Phosphorus

P2O5

4.90

3.55

Slow Release Phosphate

P2O5

19.10

19.10

Potassium (from Muriate)

K2O

3.00

2.21

Slow Release Potassium

K2O

14.78

15.04

Potassium (from any source other than Muriate or a combination of sources)

K20

6.74

4.31

 

 

 

 

 

(2) SECONDARY PLANT NUTRIENTS.

 

Guaranteed

as

Commercial Values

(Per unit*)

Total and water Soluble Magnesium (from any source)

Mg

$6.53

$6.53

Manganese (from sulfate)

Mn

19.78

15.89

Manganese (from Sucrate)

Mn

16.44

11.25

Manganese (from chloride)

Mn

6.10

6.10

Manganese (from oxide)

Mn

9.35

6.27

Manganese (from chelate

 in group 1**)

Mn

215.50

215.50

Manganese (from chelate in group 2**)

Mn

70.90

70.90

Copper (from sulfate)

Cu

62.03

36.52

Copper (from chloride)

Cu

22.15

22.15

Copper (from oxide)

Cu

19.25

19.25

Copper (from chelate in group 1**)

Cu

156.00

156.00

Copper (from chelate in group 2**)

Cu

113.20

113.20

Zinc (from sulfate)

Zn

21.68

17.94

Zinc (from sucrate)

Zn

14.20

14.20

Zinc (from chloride)

Zn

18.45

18.45

Zinc (from oxide)

Zn

12.98

9.92

Zinc (from chelate in group 1**)

Zn

188.00

188.00

Zinc (from chelate in group 2**)

Zn

65.00

65.00

Iron (from sulfate)

Fe

14.51

12.88

Iron (from sucrate)

Fe

8.67

6.18

Iron (from humate)

Fe

16.11

16.11

Iron (from oxide)

Fe

4.94

3.88

Iron (from chelate in group 1**)

Fe

248.67

244.96

Iron (from chelate in group 2**)

Fe

82.00

82.00

Aluminum

Al

14.42

14.42

Sulfur (free)

S

3.50

2.55

Sulfur (combined)

S

2.27

2.21

Boron

B

38.95

33.74

Molybdenum

Mo

222.22

198.80

Cobalt

Co

89.90

89.90

Calcium (from any source)

Ca

.79

.71

 

(3) DOLOMITE and LIMESTONE (when sold as material).

Magnesium

MgCO3

.18

.18

Calcium

CaCO3

.09

.09

 

(4) CALCIUM SULFATE (land plaster, gypsum) (when sold as material).

Calcium

CaSO4

.30

.30

 

*A “Unit” of plant nutrient is one percent (by weight) of a ton or 20 pounds.

**Chelates in “group 1” have aminopolycarboxylic acids, such as EDTA, HEDTA, DTPA and NTA, or related compounds as chelating agents. Chelates in “group 2” have chelating agents other than those in group 1.

Specific Authority 576.181(2) FS., 570.07(23) FS. Law Implemented 576.051(2), (3), (7) FS., 576.061 FS., 576.071 FS., 576.181 FS. History–New 1-23-67, Amended 10-22-68, 11-20-69, 10-22-70, 3-9-74, 6-28-74, 10-25-74, 7-6-76, 7-26-77, 7-22-79, 4-23-80, 10-27-80, 10-18-81, 2-16-84, 12-2-85, Formerly 5E-1.16, Amended 11-16-86, 10-8-87, 9-26-88, 11-19-89, 3-28-91, 2-25-92, 8-3-93, 7-12-94, 10-25-98, ________.