FLA. AGR. RESEARCH INSTITUTE v. FLA. DEPT. OF AGR

No. 81-1519.

416 So.2d 1153 (1982)

FLORIDA AGRICULTURAL RESEARCH INSTITUTE, a Florida Corporation; Atlantic Fertilizer and Chemical Company, a Florida Corporation; Ben Hill Griffin, Inc., Fertilizer Division, a Florida Corporation; Columbia Nitrogen Corp., a Foreign Corporation Authorized to Do Business in Florida; Consolidated Chemicals, Inc., a Florida Corporation; Diamond R Fertilizer Co., Inc., a Florida Corporation; Estech General Chemicals Corporation, a Foreign Corporation Authorized to Do Business in Florida; Florida East Coast Fertilizer Company, a Florida Corporation; Florida Favorite Fertilizer, Inc., a Florida Corporation; Florida Fertilizer Co., Inc., a Florida Corporation; Flo-Chem, Inc., a Florida Corporation; Foremost Fertilizer Company, a Florida Corporation; Gro-Mor Company, Inc., a Florida Corporation; Growers Fertilizer Cooperative, a Florida Corporation; Hi-Acres, Fertilizer Division, a Florida Corporation; Howard Fertilizer Co., Inc., a Florida Corporation; International Minerals and Chemical Corporation, a Foreign Corporation Authorized to Do Business in Florida; Lykes Pasco Packing Company, a Florida Corporation; Marico Fertilizer, Division of Seminole Stores, Inc., a Florida Corporation; Polk County Fertilizer Co., a Florida Corporation; Producers Fertilizer Company, a Florida Corporation; Producers Manufacturing Corporation, a Florida Corporation; Ranch Fertilizer Company, Incorporated, a Florida Corporation; Ridge Fertilizer Company, a Florida Corporation; Shore Fertilizer Company, a Florida Corporation; South Lake Apopka Citrus Growers Association, a Florida Corporation; Sunniland Corporation, a Foreign Corporation Authorized to Do Business in Florida; Superior Fertilizer & Chemical Company, a Florida Corporation; W.R. Grace & Company, a Foreign Corporation Authorized to Do Business in Florida; Wedgworth's, Inc., a Florida Corporation; Wheeler Fertilizer Company, Division of Nelson & Co., Inc., a Florida Corporation, Appellants, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellee.

District Court of Appeal of Florida, Second District.

As Amended on Denial of Rehearing July 21, 1982.


Attorney(s) appearing for the Case

Edward P. de la Parte, Jr. of de la Parte & Butler, P.A., Tampa, for appellants.

Frank A. Graham, Jr., Tallahassee, for appellee.


PER CURIAM.

This is an appeal from an order upholding certain rules1 promulgated by the Florida Department of Agriculture and Consumer Services (Department) involving methods for sampling commercial fertilizer.

The majority of fertilizer produced in Florida is bulk mixed fertilizer. This type of fertilizer is produced by blending various ingredients according to a prescribed formula called a "guaranteed analysis." This process...

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