Guaranteed Analysis

(1) (a) A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing (i.e. a custom mix) shall as a minimum be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor along with the name and address of the consumer. This statement shall accompany such a custom mix and be supplied to the purchaser at the time of delivery. (b) The guaranteed analysis requirement for custom mix must be represented as a percentage of each individual nutrient or additive based on the total net weight of the custom mix; however, placement of the guaranteed analysis and the weight of each individual material or additive on the statement along with the total net weight of all materials of additives may be sufficient to satisfy the guaranteed analysis requirement. Each distributor shall be responsible for figuring the guaranteed analysis (by net weight) upon the request of a consumer or the Commissioner or his agent. Additives such as insecticides, herbicides, or seeds must be represented on this custom mix statement so that the weights and identity of these products can be determined. (c) Records of the guaranteed analysis statement along with other labeling requirements shall become a necessary part of the permanent records of any person selling or distributing fertilizers (as required by T.C.A. § 43-11-106) and these records shall be made available to the Commissioner or his agent upon request. The labeling of any commercial fertilizer which is stated inaccurately and not exactly shall be deemed to be misbranded and subject to all enforcement provisions of T.C.A. Title 43, Chapter 11 and/or rules and regulations promulgated thereof.