Section 211.10  Registration

a)         Each separately identified product shall be registered before being distributed in this State.  The application for registration shall be submitted to the Department on the form furnished by the Director and shall be accompanied by a non-refundable fee of $250 per product.  Each person who registers a soil amendment shall submit to the Department a copy of labels and advertising literature with the registration request for each soil amendment. The Department shall require the applicant to make affirmative label and advertising disclosures if, in the absence of the disclosures, the Department determines that the label or advertising of a soil amendment is deceptive or misleading.

b)         A distributor shall not be required to register any brand of soil amendment which is already registered under this Act by another person, providing the label does not differ in any respect.

c)         If the Department finds that the applicant has fulfilled the requirements of Section 211.10, 211.20 and 211.40 of this Part and Sections 15 and 20 of the Soil Amendment Act (P.A. 87-0394, effective September 10, 1991), a registration shall be issued.

d)         If the Department finds that the applicant has failed to fulfill the requirements of Section 211.10, 211.20 and 211.40 of this Part and Sections 15 and 20 of the Soil Amendment Act, or the soil amendment is in violation of Sections 25 and 35 of the Act, the Department shall issue a notice of denial or cancellation of the registration.

e)         Any person who wishes to change the active ingredient contents or the recommended amount or frequency of application of a soil amendment for which the person has received a registration shall apply to the Department for an amended registration.

f)         Any person who wishes to revise the label of a soil amendment for which the person has received registration shall file the revised label with the Department prior to distributing the soil amendment bearing the revised label.

g)         No person who has been issued a registration or amended registration shall:

1)         Transfer the registration or amended registration to another person.

2)         Distribute or promote the distribution of the soil amendment using any performance, use or efficacy claim which exceeds that allowed by registration or amended registration or which is inconsistent with the approved product label.

h)         Issuance of registration or amended registration is neither an endorsement nor a warranty by the Department.