12 KAR 4:110. Terms
and definitions.
RELATES TO: KRS
250.406
STATUTORY AUTHORITY:
KRS 250.421
NECESSITY, FUNCTION,
AND CONFORMITY: To utilize standard terms and definitions which reduces
regulatory problems for companies selling fertilizer in Kentucky and other
states.
Section 1.
Definitions. (1) "Acid-forming fertilizer" means a fertilizer capable
of increasing the residual acidity of soil.
(2) "Acidulated
bone" means a fertilizer made from ground bone or bone meal that has been
treated with sulfuric acid.
(3) "Acidulated
fish tankage" means a fertilizer that is derived from rendered fish or
fish scrap treated with sulfuric acid.
(4) "Activated
sewage" means a fertilizer made from sewage freed from grit and coarse
solids and aerated after being inoculated with microorganisms. The resulting
flocculated organic matter is withdrawn from the tanks, filtered with or
without the aid of coagulants, dried, ground and screened.
(5) "Ammoniated
superphosphate" means a fertilizer obtained when superphosphate is treated
with ammonia or with solutions which contain ammonia and other compounds of
nitrogen. The guaranteed percentages of nitrogen and of available phosphate
shall be stated as part of the name.
(6) "Ammonium
nitrate" means a fertilizer that is chiefly the ammonium salt of nitric
acid. It shall contain not less than thirty-three (33) percent nitrogen,
one-half (1/2) of which is in the ammonium form and one-half (1/2) in the
nitrate form.
(7) "Ammonium
phosphate (fertilizer grade)" means a fertilizer obtained when phosphoric
acid is treated with ammonia (anhydrous or aqueous), and consists principally
of monoammonium phosphate and diammonium phosphate or a mixture of these two
(2) salts. The guaranteed percentage of nitrogen and of available phosphate
shall be stated as part of the name.
(8) "Ammonium
phosphate-sulfate (fertilizer grade)" means a fertilizer obtained when a
mixture of phosphoric acid and sulfuric acid is treated with ammonia. It
consists principally of a mixture of ammonium phosphate and ammonium sulfate.
The guaranteed percentages of nitrogen and of available phosphate shall be
stated as a part of the name.
(9) "Ammonium
sulfate nitrate" means a fertilizer that is a double salt of ammonium
sulfate and ammonium nitrate which are present in equal molecular proportions.
It shall contain not less than twenty-six (26) percent nitrogen, one-fourth
(1/4) of which is in the nitrate form and three-fourths (3/4) in the ammonium
form.
(10) "Ammonium
thiosulfate (fertilizer grade)" means a commercial fertilizer composed
principally of (NH4)2S2O3. The
guaranteed percentages of nitrogen and sulfur shall be stated as part of the
name.
(11) "Animal
manure" means a fertilizer derived from the excreta of animals together
with whatever bedding materials are needed to follow good dairy barn, feed lot,
poultry house, etc., practice in order to maintain proper sanitary conditions.
(12) "Available
phosphate" means the sum of the water soluble and the citratesoluble
phosphate in a fertilizer.
(13) "Basic lime
phosphate (lime-based superphosphate)" means a superphosphate to which
liming materials have been added at least six (6) percent in excess of the
quantity required to convert all water soluble phosphate to the citratesoluble
form.
(14) "Basic
phosphate slag" means a fertilizer that is a by-product obtained in the
manufacture of steel from phosphatic iron ores. The product shall:
(a) Contain no
admixture of materials other than those resulting from the original process of
manufacture;
(b) Contain not less
than twelve (12) percent total phosphate of which at least eighty (80) percent
shall be available phosphate; and
(c) Be ground so
that not less than ninety (90) percent passes through a U.S. Standard No. 50
sieve (300 um opening) and seventy (70) percent of the material passes through
a U.S. Standard No. 100 sieve (150 um opening). Any basic phosphate slag not
conforming to this definition shall be designated low phosphate.
(15) "Bat
guano" means partially decomposed bat manure.
(16) "Calcined
phosphate" means a fertilizer made from phosphate rock which has been
heated, with or without one (1) or more catalysts or reagents, sufficient to
volatilize and remove most or all organic, carbonate, fluoride and other
impurities, and/or thermally altered to more available calcium phosphate
compounds, depending on the process. Included are compounds known as fused
tricalcium phosphate, defluorinated phosphate, rhenania phosphate and various
trade names. A significant portion of the phosphate is citrate soluble and such
percentage shall be stated as part of the brand name.
(17) "Calcium
metaphosphate" means a fertilizer that is a vitreous product substantially
free from crystalline phosphates, resulting from the treatment of phosphate
rock with gaseous phosphorus pentoxide at high temperatures. The guaranteed
percentage of available phosphate shall be stated as part of the name.
(18) "Calcium
nitrate" means a fertilizer that is chiefly the calcium salt of nitric
acid. It shall contain not less than fifteen (15) percent nitrate nitrogen.
(19)
"Chelate" means the type of compound or chemical union in which a
central metallic ion is joined to a chelating agent in the same molecule by two
(2) or more bonds. Such linkages result in the formation of one (1) or more heterocyclic
rings in which the metal is part of the ring.
(20) "Chelated
plant nutrients" means metallic secondary nutrients and micronutrients
which have reacted with chelating agents and have the property of being
available under pH conditions in which the nutrients normally form insoluble
compounds.
(21) "Chelating
agent" means a compound having two (2) or more sites of attachment to a
metallic ion to form a chelate. Examples are EDTA (ethylenediaminetetraacetic
acid), NTA (nitrilo-triacetic acid), polyphosphoric acid, proteins and
polyflavanoids.
(22)
"Citrate-soluble phosphate" means that part of the total phosphate in
a fertilizer that is insoluble in water but soluble in a solution of citrate of
ammonia according to AOAC International Method 960.01.
(23) "Coated
slow release fertilizer" means a fertilizer containing sources of water
soluble nutrients, release of which in the soil is controlled by a coating
applied to the fertilizer.
(24)
"Compost" means a biologically stable material derived from the
composting process.
(25)
"Composting" means the biological decomposition of organic matter
which may be accomplished by mixing and piling in such a way to promote aerobic
and/or anaerobic decay. The process inhibits pathogens, viable weed seeds, and
odors.
(26)
"Continuous liquid feed" means the external application of water
soluble nutrients in the irrigation water every time the plant requires water.
(27) "Crude,
inert, or slow-acting nitrogenous materials" means low value fertilizers
made from unprocessed organic substances relatively high in nitrogen but having
nitrogen activity indexes of less than fifty (50) percent by the alkaline (AOAC
International Method 920.07) and less than eighty (80) percent by the neutral
(AOAC International Method 920.06) permanganate methods.
(28)
"Cyanamide" means a commercial product consisting principally of
calcium cyanamide (CaNCN) and carbon and it shall contain not less than
nineteen and five-tenths (19.5) percent nitrogen.
(29) "DAP
(fertilizer grade)" means a fertilizer composed of ammonium phosphates,
principally diammonium phosphate, resulting from the ammoniation of phosphoric
acid. It may contain up to two (2) percent nonammoniacal nitrogen. The
guaranteed percentage of nitrogen and available phosphate shall be stated as
part of the name.
(30) "Dicalcium
phosphate" means a manufactured fertilizer consisting chiefly of dicalcic
salt of phosphoric acid.
(31)
"Dicyanodiamide (cyanoguanidine)" means a fertilizer that is a water
soluble organic compound of formula C2N4H4
which contains at least sixty-five (65) percent nitrogen. It is a source of
slowly available nitrogen.
(32)
"Dimethylenetriurea (DMTU)" means a fertilizer that is a water
soluble condensation product resulting from the reaction of two (2) molecules
of formaldehyde with three (3) molecules of urea, with the elimination of two
(2) molecules of water. It has a minimum total nitrogen content of forty-one
(41) percent and is a source of slowly available nitrogen.
(33) "Double
sulfate of potash and magnesia (langbeinite)" means a fertilizer
containing not less than twenty-one (21) percent soluble potash (K2O)
nor less than fifty-three (53) percent sulfate of magnesia and not more than
two and one-half (2.5) percent chlorine.
(34) "Dried
blood" means a fertilizer that is the collected blood of slaughtered
animals, dried and ground and containing not less than twelve (12) percent
nitrogen.
(35)
"Fertilizer formula" means the quantity and analysis of the crude
stock materials used in making a mixed fertilizer.
(36)
"Filler" means any substance added to fertilizer materials to provide
bulk, prevent caking or serve some purpose other than providing essential plant
nutrients.
(37) "Fish
tankage" means a fertilizer derived from dried, ground, rendered or unrendered
whole fish or fish scrap.
(38) "Garbage
tankage" means the rendered, dried and ground product derived from waste
household food materials.
(39) "Granular
fertilizer" means a fertilizer in which ninety-five (95) percent or more
of the product is retained on a series of sieves within the range of U.S. No. 4
(4.75 mm opening) to and including U.S. No. 20 (0.850 mm opening) and in which
the largest particle passes through a sieve having an opening not larger than
four (4) times that of the sieve which retains ninety-five (95) percent or more
of the product.
(40) "Ground
raw bone" means a fertilizer made from ground animal bones that have not
been previously steamed under pressure, heated, or otherwise manipulated.
(41) "Ground
sterilized bone" means a fertilizer made from ground animal bones or bone
meal that have been previously steamed under pressure, heated, or rendered
sterile in some other acceptable manner.
(42) "Hoof and
horn meal" means a fertilizer derived from processed dried and ground hoofs
and horns.
(43)
"Hydroponics" means a system in which water soluble nutrients are
placed in intimate contact with the plant's root system, being grown in an
inert supportive medium which supplies physical support for the roots but which
does not add or subtract plant nutrients.
(44)
"Isobutylidene diurea" means a fertilizer that is the condensation
product of isobutyraldehyde and urea having a minimum total nitrogen content of
thirty (30) percent. It is a source of slowly available nitrogen by virtue of
particle size, solubility decreasing with increase in particle size. Material
conforming to the description of a "granular fertilizer" will have
ninety (90) percent of its nitrogen content in the water insoluble form prior
to grinding as tested by AOAC International Method 945.01.
(45)
"Kainit" means a fertilizer that is a potash salt containing potassium
and sodium chlorides and sometimes sulfate of magnesia with not less than
twelve (12) percent soluble potash (K2O).
(46) "Kelp
(seaweed)" means a fertilizer derived from the dried marine algae of the
botanical divisions of Rhodophyta (red algae), Phaeophyta (brown algae), and
Chlorophyta (green algae).
(47) "Liquid
fertilizer" means a fluid fertilizer in which the plant nutrients are in
true solution.
(48) "Magnesium
sulfate" means a fertilizer consisting chiefly of the chemical compound,
magnesium sulfate, with or without combined water, such as, epsom salts (MgSO4.7H2O),
kieserite (MgSO4.H2O) and calcined kieserite (MgSO4).
(49) "Manganese
sulfate" means a fertilizer consisting of anhydrous manganese sulfate
(MnSO4).
(50)
"Manipulation" means processed or treated in any manner, including
drying to a moisture content of less than thirty (30) percent, composting,
bagging, leaching, pelleting, dissolution and recrystallization.
(51) "MAP
(fertilizer grade)" means a fertilizer composed of ammonium phosphates,
principally monoammonium phosphate, resulting from the ammoniation of
phosphoric acid. The guaranteed percentage of nitrogen and available phosphate
shall be stated as part of the name.
(52)
"Melamine" means a fertilizer that is a sparingly soluble organic
compound of formula C3H6N6 which contains at
least sixty-six (66) percent nitrogen. (CAS No. 10878-1 2,4,6
triamino-1,3,5-triazine, triamino-s-triazine).
(53)
"Methylenediurea (MDU)" means a fertilizer that is a water soluble
condensation product resulting from the reaction of one (1) molecule of
formaldehyde with two (2) molecules of urea, with the elimination of one (1)
molecule of water. It has a minimum total nitrogen content of forty-two (42)
percent and is a source of slowly available nitrogen.
(54)
"Micronutrients" means the essential plants nutrients of boron,
chlorine, cobalt, copper, iron, manganese, molybdenum, sodium and zinc.
(55) "Mine run
potash salts" means fertilizers that are potash salts containing a high
percentage of chloride and from twenty (20) percent to thirty (30) percent
soluble potash (K2O).
(56) "Muriate
of potash (commercial potassium chloride)" means a fertilizer that
contains forty-eight (48) percent to sixty-two (62) percent soluble potash (K2O)
chiefly as chloride.
(57) "Natural
base fertilizer" means a mixed fertilizer where more than half of the
fertilizer materials is natural and where more than half of the sum of the
guaranteed primary nutrient percentages is derived from natural materials.
(58) "Natural
fertilizer" means a fertilizer composed only of natural organic and/or
natural inorganic fertilizer materials and natural fillers.
(59) "Natural
inorganic fertilizer" means a mineral nutrient source that exists in or is
produced by nature and may be altered from its original state only by physical
manipulation.
(60) "Natural
organic fertilizers" means organic fertilizers derived from either plant
or animal products. These fertilizers:
(a) May be subjected
to biological degradation processes under normal conditions of aging, rainfall,
sun-curing, air-drying, composting, rotting, enzymatic, or anaerobic/aerobic
bacterial action, or any combination of these; and
(b) Shall not be
mixed with synthetic materials or changed in any physical or chemical manner
from their initial state except by manipulations such as drying, cooking,
chopping, grinding, shredding, hydrolysis, or pelleting.
(61) "Nitrate
of potash or potassium nitrate" means a fertilizer that is chiefly the
potassium salt of nitric acid. It shall contain not less than twelve (12)
percent nitrogen and forty-four (44) percent soluble potash.
(62) "Nitrate
of soda or sodium nitrate" means a fertilizer that is chiefly the sodium
salt of nitric acid. It shall contain not less than sixteen (16) percent
nitrate nitrogen and twenty-six (26) percent sodium.
(63) "Nitrate
of soda potash or sodium and potassium nitrate" means a fertilizer that is
chiefly the sodium and potassium salts of nitric acid. It shall contain not
less than fifteen (15) percent nitrate nitrogen, ten (10) percent soluble
potash and eighteen (18) percent sodium.
(64) "Nitrogen
stabilizer" means a substance added to a fertilizer which extends the time
the nitrogen component of the fertilizer remains in the soil in the ammoniacal
form.
(65)
"Nitrophosphate" means a fertilizer obtained by acidulation of
phosphate rock with nitric acid resulting in a complex mixture of nitrates and
phosphates that does not contain nitrate nitrogen and phosphorus in the same
molecule. The process is subject to modifications designed to remove the
hygroscopic calcium nitrate formed such as ammoniation, physical separation,
coacidulation with sulfuric or phosphoric acids, or subsequent treatment with
carbon dioxide.
(66)
"Nonacid-forming fertilizer" means a fertilizer that is not capable
of increasing the residual acidity of the soil.
(67) "Organic
base fertilizer" means a mixed fertilizer where more than half of the
fertilizer materials is organic and where more than half of the sum of the
guaranteed primary nutrient percentages is derived from organic materials.
(68) "Organic
fertilizer" means a fertilizer containing carbon combined covalently with
one (1) or more elements essential for plant growth other than hydrogen and
oxygen.
(69) "Oxamide
(fertilizer grade)" means a fertilizer that is the diamide of oxalic acid
of the formula C2H4N2O2 which
contains twenty-eight (28) to thirty-two (32) percent nitrogen. It is a source
of slowly available nitrogen.
(70)
"Peat" means the partly decayed vegetable matter of natural
occurrence. It is composed chiefly of organic matter that contains some
nitrogen of low activity.
(71)
"Pelletized fertilizer" means a fertilizer whose physical form is
uniform in size and usually of globular shape containing one (1) or more
nutrients produced by one (1) of several methods including:
(a) Solidification
of a melt while falling through a countercurrent stream of air;
(b) Dried layers of
slurry applied to recycling particles;
(c) Compaction;
(d) Extrusion; and
(e) Granulation.
(72)
"Phosphate" means the phosphorus in a fertilizer that is designated
and guaranteed as equivalent to phosphorus pentoxide (P2O5).
(73) "Phosphate
rock" means a natural rock containing one (1) or more calcium phosphate
minerals of sufficient purity and quantity to permit its use, either directly
or after concentration, in the manufacture of commercial fertilizers.
(74) "Polymer
coated fertilizer" means a coated slow release fertilizer consisting of
fertilizer particles coated with a polymer (plastic) resin and is a source of
slowly available plant nutrient(s).
(75) "Polymer
coated urea (PCU)" means a coated slow release fertilizer consisting of
urea particles coated with a polymer (plastic) resin. It typically contains
about forty (40) percent nitrogen and is a source of slowly available nitrogen.
(76)
"Polyphosphates" means a general class of phosphatic fertilizers made
from the salts of any of a series of polyphosphoric acids, whose molecular
structure contains two (2) or more phosphorus atoms linked by oxygen. Solutions
may contain several ionic species such as orthophosphates, pyrophosphates, and
polyphosphates containing three (3) or more phosphorus atoms, commonly known as
tripolyphosphates or tetrapolyphosphates and water.
(77)
"Potash" means the potassium in a fertilizer that is designated and
guaranteed as equivalent to potassium oxide (K2O).
(78) "Potting
soil" means a material suitable for holding and growing potted plants and
usually made from natural materials. It may include fertilizers, pesticides
and/or soil amendments.
(79)
"Precipitated phosphate" means a fertilizer that consists mainly of
dicalcium phosphate obtained by neutralizing with calcium hydroxide the acid
solution of either phosphate rock or processed bone.
(80) "Primary
nutrients" means nitrogen (N), available phosphate (P2O5)
or phosphorus (P), and soluble potash (K2O) or potassium (K).
(81) "Process
tankage" means a fertilizer made under steam pressure from crude inert
nitrogenous materials, with or without the use of acids or bases, for the
purpose of increasing the activity of nitrogen. These products shall be called
"process tankage" with or without further qualification and the water
insoluble nitrogen shall test at least fifty (50) percent active by the
alkaline permanganate method (AOAC International Method 920.07), or eighty (80)
percent active by the neutral permanganate method (AOAC International Method
920.06).
(82) "Secondary
nutrients" means the essential plant nutrients of calcium, magnesium, and
sulfur.
(83) "Sheep
manure wool waste" means a fertilizer that is the by-product from
wool-carding establishments consisting chiefly of sheep manure, seeds, and wool
fiber.
(84) "Slow or
controlled release fertilizer" means a fertilizer containing a plant
nutrient in a form which delays its availability for plant uptake and use after
application, or which extends its availability to the plant significantly
longer than a reference "rapidly available nutrient fertilizer" such
as ammonium nitrate, urea, ammonium phosphate, or potassium chloride. Such
delay of initial availability or extended time of continued availability may
occur by a variety of mechanisms including:
(a) Controlled water
solubility of the material by semipermeable coatings, occlusion, or by inherent
water insolubility of polymers, natural nitrogenous organics, protein
materials, or other chemical forms;
(b) By slow
hydrolysis of water soluble low molecular weight compounds; or
(c) By other unknown
means.
(85) "Soft
phosphate with colloidal clay" means a very finely divided, low-analysis
fertilizer that is a byproduct from mining Florida rock phosphate by a
hydraulic process in which the colloidal materials settle at points in
artificial basins farthest from the washer, and are later removed after the
natural evaporation of the water.
(86) "Slurry
fertilizer" means a fluid fertilizer containing dissolved and undissolved
plant nutrient materials which requires continuous mechanical agitation to
assure homogeneity.
(87) "Soluble
potash" means the potash contained in a fertilizer which is soluble in
aqueous ammonium oxalate, aqueous ammonium citrate, or water, according to an
applicable AOAC International Method.
(88)
"Stabilized nitrogen fertilizer" means a fertilizer to which a nitrogen
stabilizer has been added.
(89) "Sulfate
of ammonia or ammonium sulfate" means a fertilizer that is chiefly the
ammonium salt of sulfuric acid. It shall contain not less than twenty and
five-tenths (20.5) percent nitrogen.
(90) "Sulfate
of potash (commercial potassium sulfate)" means a fertilizer containing
not less than forty-eight (48) percent soluble potash (K2O), chiefly
as sulfate, and not more than two and one-half (2.5) percent chlorine.
(91) "Sulfate
of potash magnesia" means a fertilizer containing not less than
twenty-five (25) percent soluble potash (K2O) nor less than
twenty-five (25) percent sulfate of magnesia and not more than two and one-half
(2.5) percent chlorine.
(92) "Sulfur
coated urea" means a coated slow release fertilizer consisting of urea
particles coated with sulfur. The product is usually further coated with a
sealant (two (2) percent to three (3) percent of total weight) and a
conditioner (two (2) percent to three (3) percent of total weight). It
typically contains about thirty (30) percent to forty (40) percent nitrogen and
about ten (10) percent to thirty (30) percent sulfur.
(93)
"Superphosphate" means a fertilizer that is obtained when phosphate
rock is treated with either sulfuric acid, phosphoric acid, or a mixture of
those acids. The guaranteed percentage of available phosphate shall be stated
as a part of the name.
(94)
"Superphosphoric acid" means the acid form of polyphosphates, consisting
of a mixture of orthophosphoric and polyphosphoric acids. Ionic species
distribution varies with concentration, typically sixty-eight (68) to
eighty-three (83) percent P2O5.
(95)
"Suspension fertilizer" means a fluid fertilizer containing dissolved
and undissolved plant nutrients where the undissolved plant nutrients are
suspended with the aid of a nonfertilizer suspending agent or by the inherent
properties of the undissolved materials. Mechanical agitation may be necessary
in some cases to facilitate uniform suspension of the undissolved plant
nutrients.
(96)
"Synthetic" means any substance generated from another material or
materials by means of a chemical reaction.
(97) "Tankage
(without qualification)" means a fertilizer made from the rendered, dried,
and ground by-product, largely meat and bone, from slaughtered animals or those
that have otherwise died.
(98)
"Triazone" means a fertilizer that is a water soluble compound of
formula C3H7N3O which contains at least
forty-one (41) percent total nitrogen. (CAS No. 709814-6, 1,3,5 triazin-2-one,
tetrahydro-s-triazone)
(99)
"Unit" means twenty (20) pounds of plant food or one (1) percent of a
ton.
(100)
"Unmanipulated" means materials not subjected to manipulation.
(101)
"Urea" means a fertilizer that is the commercial synthetic acid amide
of carbonic acid and it shall contain not less than forty-five (45) percent
nitrogen.
(102)
"Urea-formaldehyde products (sparingly soluble)" means fertilizers
that are reaction products of urea and formaldehyde which:
(a) Contain less
than thirty-five (35) percent total nitrogen, largely in water insoluble but
slowly available form;
(b) Have not less
than sixty (60) percent of the total nitrogen in water insoluble form; and
(c) Shall have
activity indexes of the water insoluble nitrogen that are either:
1. Not less than
forty (40) percent by the AOAC International Method 955.05 (nitrogen activity
index for urea-formaldehyde products); or
2. Not less than
fifty (50) percent by AOAC International Method 920.07 (alkaline permanganate)
or eighty (80) percent by AOAC International Method 920.06 (neutral
permanganate). They shall have the percentage of total nitrogen as part of the
product name; for example: Twenty (20) percent N Urea-Formaldehyde.
(103) "Urea-formaldehyde
products (water soluble)" means fertilizers that are reaction products of
urea and formaldehyde which:
(a) Contain at least
thirty (30) percent nitrogen, largely in water soluble form;
(b) Have some slowly
available nitrogen products present;
(c) Form stable
aqueous solutions; and
(d) Contain a
maximum of fifty-five (55) percent free urea, with the remainder of the urea
being chemically combined as methylolureas, methylolurea ethers, and/or
methylenediurea (MDU) and dimethylenetriurea (DMTU).
(104) "Ureaform
materials (sparingly soluble)" means fertilizers that are reaction
products of urea and formaldehyde which:
(a) Contain at least
thirty-five (35) percent nitrogen, largely in water insoluble but slowly
available form;
(b) Have at least
sixty (60) percent of the total nitrogen content in water insoluble form; and
(c) Have a water
insoluble nitrogen activity index of not less than forty (40) percent when
determined by AOAC International Method 955.05.
(105)
"Urea-triazone solution" means a fertilizer that is a stable solution
resulting from controlled reaction in aqueous medium of urea, formaldehyde, and
ammonia which:
(a) Contains at
least twenty-five (25) percent total nitrogen; and
(b) Shall contain no
more than forty (40) percent nor less than five (5) percent of the total
nitrogen from unreacted urea and not less than forty (40) percent of the total
nitrogen from triazone. All other nitrogen shall be derived from water soluble,
dissolved reaction products of the above reactants. It is a source of slowly
available nitrogen.
(106)
"Vegetable manure" means plant material that has been composted. (11
Ky.R. 511; eff. 11-13-84; Am. 12 Ky.R. 1519; eff. 4-17-86; 21 Ky.R. 453; 1023;
eff. 9-28-94.)