§ 2-7-3 - Definitions.
SECTION 2-7-3
§ 2-7-3 Definitions. – When used in this chapter:
(1) "Bulk fertilizer" means a commercial fertilizerdistributed in non-package form.
(2) "Brand" means a term, design, or trademark used inconnection with one or several grades of commercial fertilizer.
(3) "Commercial fertilizer" means any substance containingone or more recognized plant nutrient(s) which is used for its plant nutrientcontent and which is designed for use or claimed to have value in promotingplant growth, except unmanipulated animal and vegetable manures, marl, lime,limestone, wood ashes and gypsum, and other products exempted by regulation ofthe director.
(4) "Director" means director of the department ofenvironmental management or his or her authorized agent.
(5) "Distributor" means any person who imports, consigns,manufactures, produces, compounds, mixes, or blends commercial fertilizer, orwho offers for sale, sells, barters or otherwise supplies commercial fertilizerin this state.
(6) "Fertilizer material" means a commercial fertilizer whicheither:
(i) Contains important quantities of no more than one of theprimary plant nutrients (nitrogen, phosphoric acid and potash), or
(ii) Has approximately eighty-five percent (85%) of its plantnutrient content present in the forms of a single chemical compound, or
(iii) Is derived from a plant or animal residue or by-productor a natural material deposit which has been processed in a way that itscontent or primary plant nutrients has not been materially changed except bypurification and concentration.
(7) "Guaranteed analysis" means:
(i) Until the director prescribes the alternative form ofguaranteed analysis in accordance with the provisions of subdivision (7)(ii) ofthis section, the term "guaranteed analysis" shall mean the minimum percentageof plant nutrients claimed in the following order and form:
(A) Total Nitrogen (N) percent
(A)/p Available Phosphoric Acid (P2O5) percent
Soluble Potash (K2O) percent
(B) For unacidulated mineral phosphatic materials and basicslag, bone, tankage, and other organic phosphate materials, the totalphosphoric acid and/or degree or fineness may also be guaranteed.
(C) Guarantees for plant nutrients other than nitrogen,phosphorus and potassium may be permitted or required by regulation of thedirector. The guarantees for these other nutrients shall be expressed in theform of the element. The sources of these other nutrients (oxides, salt,chelates, etc.) may be required to be stated on the application forregistration and may be included as a parenthetical statement on the label.Other beneficial substances or compounds, determinable by laboratory methods,also may be guaranteed by permission of the director, and with the advice ofthe dean of the college of resource development. When any plant nutrients orother substances or compounds are guaranteed, they shall be subject toinspection and analysis in accord with the methods and regulations prescribedby the director.
(D) Potential basicity or acidity expressed in terms ofcalcium carbonate equivalent in multiples of one hundred (100) pounds per ton,when required by regulation.
(ii) When the director finds, after a public hearingfollowing due notice, that the requirement for expressing the guaranteedanalysis of phosphorus and potassium in elemental form would not impose aneconomic hardship on distributors and users of fertilizer by reason ofconflicting labeling requirements among the states, the director may require byregulation that the "guaranteed analysis" shall be in the following form:
Total Nitrogen (N) percent
Available Phosphorus (P)percent
Soluble Potassium (K)percent
Provided, however, that the effective date of the regulationshall be not less than six (6) months following the issuance of this regulationand provided further, that for a period of two (2) years following theeffective date of the regulation the equivalent of phosphorus and potassium mayalso be shown in the form of phosphoric acid and potash; provided, however,that after the effective date of a regulation issued under the provisions ofthis section, requiring that phosphorus and potassium shall constitute thegrade.
(8) "Grade" means the percentage of total nitrogen, availablephosphorus or phosphoric acid, and soluble potassium or soluble potash statedin whole numbers in the same terms, order and percentages as in the guaranteedanalysis. Specialty fertilizers may be guaranteed in fractional units of lessthan one percent (1%) of total nitrogen, available phosphorus or phosphoricacid, and soluble potassium or soluble potash; provided, that fertilizermaterials, bone meal, manures, and similar raw materials may be guaranteed infractional units.
(9) "Investigational allowance" means an allowance forvariations inherent in the taking, preparation and analysis of an officialsample of commercial fertilizer.
(10) "Label" means the display of all written, printed orgraphic matter upon the immediate container or statement accompanying acommercial fertilizer.
(11) "Labeling" means all written, printed or graphic matter,upon or accompanying any commercial fertilizer, or advertisements, brochures,posters, television and radio announcements used in promoting the sale ofcommercial fertilizers.
(12) "Mixed fertilizer" means a commercial fertilizercontaining any combination or mixture of fertilizer materials.
(13) "Official sample" means any sample of commercialfertilizer taken by the director or his or her agent and designated as"official" by the director.
(14) "Percent" or "percentage" means the percentage by weight.
(15) "Person" includes individual, partnership, association,firm, and corporation.
(16) "Registrant" means the person who registers commercialfertilizer under the provisions of this chapter.
(17) "Specialty fertilizer" means a commercial fertilizerdistributed primarily for non-farm use, such as home gardens, lawns, shrubbery,flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries.
(18) "Ton" means a net weight of two thousand (2,000) poundsavoirdupois.