81-2,162.03. Soil conditioner; registration; expiration; application; contents; custom-blended products exempt; information required.

(1) Each soil conditioner shall be registered before being distributed in this state. The distributor who first causes the distribution of the product into or within this state shall be responsible for compliance with the product registration requirements of this section. The application for registration shall be submitted to the director on forms furnished by the director and shall be accompanied by two copies of the labeling for such product. Upon approval by the director, a copy of the registration shall be furnished to the applicant. All registrations shall expire on December 31 of each year. The application shall include the following information:

(a) The name and principal address of the person registering the product;

(b) The name and principal address of the person guaranteeing the product, if different than the registrant;

(c) The name and principal address of the person manufacturing the product, if different than the registrant;

(d) The name and principal address of the person whose name appears on the label, if different than the registrant;

(e) The name of the product, including any term, design, trademark, or chemical designation used in connection with the product; and

(f) The percentage of every ingredient present in each soil conditioner.

(2) Custom-blended products shall be exempt from the requirements of this section, except that such products shall bear a tag or invoice stating the name and principal address of the manufacturer, the name and address of the purchaser, and the net weight or measure and the composition of the product by weight or percentage of ingredients used, and a duplicate copy of such information shall be kept by the manufacturer for use by the department for sampling and inspection purposes. All ingredients shall be subject to the inspection fee requirements of section 81-2,162.06 except those ingredients brought to the manufacturer by the ultimate user for custom blending.

(3) A product shall not be required to be registered under this section when the director knows, or has reason to know, that such product is currently registered pursuant to this section. The director shall consider two or more products to be the same product only if the characteristics of the products described under subdivisions (b) through (f) of subsection (1) of this section are the same.

Source

Annotations

"Product" under sections 81-2,162.01 to 81-2,162.07, R.R.S.1943, means the product which is sold in the normal course of business to the ultimate consumer, and consists of the finished product. "Manufacture" means manufacture of the finished product. "Distributes" means distribution of the finished product, and not a mere ingredient. PPG Industries Canada LTD v. Kreuscher, 204 Neb. 220, 281 N.W.2d 762 (1979).