TITLE 2
Agriculture and Forestry
CHAPTER 2-7
Commercial Fertilizer
SECTION 2-7-3
§ 2-7-3 Definitions.
When used in this chapter:
(1) "Bulk fertilizer" means a commercial fertilizer
distributed in non-package form.
(2) "Brand" means a term, design, or trademark used in
connection with one or several grades of commercial fertilizer.
(3) "Commercial fertilizer" means any substance containing
one or more recognized plant nutrient(s) which is used for its plant nutrient
content and which is designed for use or claimed to have value in promoting
plant growth, except unmanipulated animal and vegetable manures, marl, lime,
limestone, wood ashes and gypsum, and other products exempted by regulation of
the director.
(4) "Director" means director of the department of
environmental management or his or her authorized agent.
(5) "Distributor" means any person who imports, consigns,
manufactures, produces, compounds, mixes, or blends commercial fertilizer, or
who offers for sale, sells, barters or otherwise supplies commercial fertilizer
in this state.
(6) "Fertilizer material" means a commercial fertilizer which
either:
(i) Contains important quantities of no more than one of the
primary plant nutrients (nitrogen, phosphoric acid and potash), or
(ii) Has approximately eighty-five percent (85%) of its plant
nutrient content present in the forms of a single chemical compound, or
(iii) Is derived from a plant or animal residue or by-product
or a natural material deposit which has been processed in a way that its
content or primary plant nutrients has not been materially changed except by
purification and concentration.
(7) "Guaranteed analysis" means:
(i) Until the director prescribes the alternative form of
guaranteed analysis in accordance with the provisions of subdivision (7)(ii) of
this section, the term "guaranteed analysis" shall mean the minimum percentage
of plant nutrients claimed in the following order and form:
(A) Total Nitrogen (N) percent
Available Phosphoric Acid (P2O5) percent
Soluble Potash (K2O) percent
(B) For unacidulated mineral phosphatic materials and basic
slag, bone, tankage, and other organic phosphate materials, the total
phosphoric 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 the
director. The guarantees for these other nutrients shall be expressed in the
form of the element. The sources of these other nutrients (oxides, salt,
chelates, etc.) may be required to be stated on the application for
registration 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 of
the dean of the college of resource development. When any plant nutrients or
other substances or compounds are guaranteed, they shall be subject to
inspection and analysis in accord with the methods and regulations prescribed
by the director.
(D) Potential basicity or acidity expressed in terms of
calcium carbonate equivalent in multiples of one hundred (100) pounds per ton,
when required by regulation.
(ii) When the director finds, after a public hearing
following due notice, that the requirement for expressing the guaranteed
analysis of phosphorus and potassium in elemental form would not impose an
economic hardship on distributors and users of fertilizer by reason of
conflicting labeling requirements among the states, the director may require by
regulation 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 regulation
shall be not less than six (6) months following the issuance of this regulation
and provided further, that for a period of two (2) years following the
effective date of the regulation the equivalent of phosphorus and potassium may
also be shown in the form of phosphoric acid and potash; provided, however,
that after the effective date of a regulation issued under the provisions of
this section, requiring that phosphorus and potassium shall constitute the
grade.
(8) "Grade" means the percentage of total nitrogen, available
phosphorus or phosphoric acid, and soluble potassium or soluble potash stated
in whole numbers in the same terms, order and percentages as in the guaranteed
analysis. Specialty fertilizers may be guaranteed in fractional units of less
than one percent (1%) of total nitrogen, available phosphorus or phosphoric
acid, and soluble potassium or soluble potash; provided, that fertilizer
materials, bone meal, manures, and similar raw materials may be guaranteed in
fractional units.
(9) "Investigational allowance" means an allowance for
variations inherent in the taking, preparation and analysis of an official
sample of commercial fertilizer.
(10) "Label" means the display of all written, printed or
graphic matter upon the immediate container or statement accompanying a
commercial 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 of
commercial fertilizers.
(12) "Mixed fertilizer" means a commercial fertilizer
containing any combination or mixture of fertilizer materials.
(13) "Official sample" means any sample of commercial
fertilizer 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 commercial
fertilizer under the provisions of this chapter.
(17) "Specialty fertilizer" means a commercial fertilizer
distributed 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) pounds
avoirdupois.
History of Section.
(P.L. 1977, ch. 168, § 2.)
