3.2-3700 - Definitions.
§ 3.2-3700. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Agricultural liming material" means any limestone with calcium andmagnesium compounds that has the capacity, and whose intended purpose is, toneutralize soil acidity.
"Applicant" means the person who applies for, or requests, a license, orapplies for registration of any liming material; or applies to become acontractor.
"Brand" means the term, designation, trademark, product name or otherspecific designation under which any liming material is offered for sale.
"Bulk" means materials in nonpackaged form.
"Calcium carbonate equivalent" means the acid neutralizing capacity of anyliming material, expressed as weight percentage of calcium carbonate.
"Contractor" means any person required to hold a permit to sell any bulkliming material to the consumer pursuant to § 3.2-3704.
"Distributor" means any person who imports or consigns, manufactures,produces, compounds, mixes, or blends any liming material, or who offers forsale, sells, barters or otherwise supplies any liming material.
"Effective Neutralizing Value" or "ENV" means a relative value using thecalcium oxide content, magnesium oxide content and fineness to express theeffectiveness of an agricultural liming material in neutralizing soilacidity. This term is synonymous with Effective Neutralizing Power (ENP).
"Fineness" means the percentage by weight of the material that will passthrough United States Standards sieves of specified sizes.
"Industrial co-product used to neutralize soil acid" means a waste orby-product of an industrial process that contains any compound not normallyfound in limestone that has the capacity, and whose intended purpose is, toneutralize soil acidity.
"Kind" means one of the two classes of liming material.
"Label" means any written or printed matter on, or attached to, thepackage, or on the delivery ticket that accompanies bulk shipments, of anyliming material.
"Licensed" or "licensee" means the person issued a license to distributeany liming material in the Commonwealth.
"Limestone" means a material consisting essentially of calcium carbonate,or a combination of calcium carbonate and magnesium carbonate, capable ofneutralizing soil acidity.
"Liming material" means any agricultural liming material and any industrialco-product used to neutralize soil acid.
"Manufacturer" means any person who manufactures, produces, compounds,mixes, blends, imports or consigns liming material, or who offers for sale,sells, barters or otherwise supplies liming material.
"Percent" or "percentage" means by weight.
"Quantity statement" means the net weight (mass), net volume (liquid ordry), count or other form of measurement of a commodity.
"Registrant" means the person registering any liming material pursuant tothe provisions of this chapter.
"Standard liming ton" means a ton of agricultural liming material with acalcium carbonate equivalent of 90 percent.
"Stop sale, use, removal or seizure order" means an order that prohibitsthe distributor from selling, relocating, using, or disposing of a lot ofliming material, or portion thereof, in any manner, until the Commissioner ora court gives written permission to sell, relocate, use or dispose of the lotof liming material or portion thereof.
"Ton" means a unit of 2,000 pounds avoirdupois weight.
"Type" means the identification of the agricultural liming material asfollows:
1. "Burnt" means any agricultural liming material with calcium andmagnesium compounds capable of neutralizing soil acidity, and that consistsessentially of calcium oxide, or a combination of calcium oxide and magnesiumoxide.
2. "Calcitic" means any agricultural liming material in which 85 percent ormore of the total neutralizing value, expressed as calcium carbonateequivalent, is derived from calcium.
3. "Dolomitic" means any agricultural liming material in which 15 percentor more of the total carbonate content is magnesium carbonate.
4. "Hydrated" means any agricultural liming material, made from burnt lime,that consists essentially of: (i) calcium hydroxide; (ii) a combination ofcalcium hydroxide, magnesium oxide and magnesium hydroxide; or (iii) acombination of calcium hydroxide, and either magnesium oxide or magnesiumhydroxide.
5. "Marl" means a granular or loosely consolidated earthy agriculturalliming material composed largely of calcium carbonate.
(1994, c. 649, § 3.1-126.2:1; 2002, c. 473; 2008, c. 860.)