§ 106-657. Definitions.
§ 106‑657. Definitions.
When used in this Article:
(1) The term "brand name" means the name under whichany individual mixed fertilizer or fertilizer material is offered for sale, andmay include a trademark, but shall not include any numeral other than the gradeof the fertilizer.
(2) The term "bulk fertilizer" means a commercialfertilizer distributed in non‑package form.
(3) The term "commercial fertilizer" includes bothfluid and dry mixed fertilizer and/or fertilizer materials.
(4) The term "contractor" means any person, firm,corporation, wholesaler, retailer, distributor or any other person, who forhire or reward applies commercial fertilizer to the soil or crop of a consumer;provided, that this shall not apply to any consumer applying commercial fertilizerto only the land or crop that he owns or to which he otherwise holds rights,for the production of his own crops.
(5) The term "distributor" means any person who offersfor sale, sells, barters, or otherwise supplies mixed fertilizer or fertilizermaterials.
(6) The term "fertilizer material" means any substancecontaining either nitrogen, phosphorus, potassium, or any other recognizedplant food element or compound which is used primarily for its plant foodcontent or for compounding mixed fertilizers. Not included in this definitionare all types of unmanipulated animal and vegetable manures and mulches forwhich no plant food content is claimed.
(7) The term "fluid fertilizer" means a nonsolidcommercial fertilizer.
(8) The term "fortified mulch" means substancescomposed primarily of plant remains or mixtures of such substances to whichplant food has been added and for which plant food is claimed.
In "fortified mulches" the minimumpercentages of total nitrogen, available phosphate and soluble or availablepotash are to be guaranteed and the guarantee stated in multiples of quarter(.25) percentages; provided, however, that such percentages shall not exceedone percent (1%), respectively, subject to the same limits and tolerances setforth in this Chapter.
(9) The term "grade" means the percentage of totalnitrogen, available phosphate and soluble potash only stated in the order givenin this subdivision, and, when applied to mixed fertilizers, shall be in wholenumbers only for all packages larger than 16 ounces.
(10) The term "manipulated manures" means substancescomposed primarily of excreta, plant remains or mixtures of such substanceswhich have been processed in any manner, including the addition of plant foods,artificially drying, grinding and other means.
In "manipulated manures" the minimumpercentages of total nitrogen, available phosphate and soluble potash are to beguaranteed, and the guarantee stated in multiples of half (.50) percentages. Additions of plant food shall be limited to one‑half (.50) percent eachof nitrogen, phosphorus and potash.
(11) The term "manufacturer" means a person engaged inthe business of preparing, mixing, or manufacturing commercial fertilizers orthe person whose name appears on the label as being responsible for theguarantee. The term "manufacture" means preparing, mixing, orcombining fertilizer materials chemically or physically, including thesimultaneous application of two or more fertilizer materials, by a manufactureror contract applicator.
(12) The term "mixed fertilizers" means productsresulting from the combination, mixture, or simultaneous application of two ormore fertilizer materials for use in, or claimed to have value in promotingplant growth.
(13) The term "mulch" means substances composedprimarily of plant remains or mixtures of such substances to which no plantfood has been added and for which no plant food is claimed.
(14) The term "natural organic fertilizer" meansmaterial derived from either plant or animal products containing one or moreelements (other than carbon, hydrogen and oxygen) which are essential for plantgrowth. These materials may be subjected to biological degradation processesunder normal conditions of aging, rainfall, sun‑curing, air drying,composting, rotting, enzymatic, or anaerobic/aerobic bacterial action, or anycombination of these. These materials shall not be mixed with syntheticmaterials, or changed in any physical or chemical manner from their initialstate except by physical manipulations such as drying, cooking, chopping,grinding, shredding or pelleting.
(15) The term "official sample" means any sample ofcommercial fertilizer taken by the Commissioner or his authorized agentaccording to the method prescribed in subsection (b) of G.S. 106‑662.
(16) The term "organic fertilizer" means a materialcontaining carbon and one or more elements other than hydrogen and oxygenessential for plant growth.
(17) The term "percent" or "percentage" meansthe percentage by weight.
(18) The term "person" includes individuals,partnerships, associations, firms, agencies, and corporations, or other legalentity.
(19) The term "retailer" means any person who sells ordelivers fertilizer to a consumer.
(20) The term "sale" means any transfer of title orpossession, or both, exchange or barter of tangible personal property,conditional or otherwise for a consideration paid or to be paid, and this shallinclude any of said transactions whereby title or ownership is to pass andshall further mean and include any bailment, loan, lease, rental or license touse or consume tangible personal property for a consideration paid in whichpossession of said property passes to the bailee, borrower, lessee, orlicensee.
(21) The term "sell" means the alienation, exchange,transfer or contract for such transfer of property for a fixed price in moneyor its equivalent.
(22) The term "specialty fertilizer" means anyfertilizer distributed primarily for use on noncommercial crops such asgardens, lawns, shrubs, flowers, golf courses, cemeteries and nurseries.
(23) The term "ton" means a net ton of two thousandpounds avoirdupois.
(24) The term "unmanipulated manures" means substancescomposed primarily of excreta, plant remains or mixtures of such substanceswhich have not been processed in any manner.
(25) The term "wholesaler" shall mean any person whosells to any other person for the purpose of resale, and who also may sell to aconsumer.
(26) Words importing the singular number may extend and be appliedto several persons or things, and words importing the plural number may includethe singular.
(27) The term "fertilizer coated seed" means seed whichhas been coated with commercial fertilizer. (1947, c. 1086, s. 3; 1951, c. 1026, ss. 1, 2; 1955, c. 354, s. 1;1959, c. 706, ss. 1, 2; 1961, c. 66, ss. 1, 2; 1977, c. 303, s. 3; 1981, c.448, ss. 1‑4; 1983, c. 146, s. 1; 1993, c. 216, s. 3.)