Department of Agriculture - Fertilizer Applicators - Definitions.

Published: 2014-12-13

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(A) "Agricultural nutrient training" means the educational programs which satisfy the requirements of rule 901:5-4-03 of the Administrative Code and which have been approved by the director.

(B) "Agricultural production" means the cultivation, primarily for sale, of plants or any parts of plants on more than fifty acres. "Agricultural production" does not include the use of start-up fertilizer applied through a planter.

(C) "Applicator" means an individual who has applied fertilizer.

(D) "Certificate Holder" means a person who has been certified to apply fertilizer under section 905.321 of the Revised Code and rules adopted in this chapter.

(E) "Director" means the director of the Ohio department of agriculture or an authorized representative thereof.

(F) "Department" means the Ohio department of agriculture.

(G) "Farm operator" means a person who owns, leases, rents, or otherwise controls the land which has had fertilizer applied to it.

(H) "Fertilizer" means any substance containing nitrogen, phosphorus, or potassium or any recognized plant nutrient element or compound, which is used for its plant nutrient content or for compounding mixed fertilizers. Fertilizer does not include lime, limestone, marl, unground bone, water, residual farm products, and animal and vegetable manures unless mixed with fertilizer materials or distributed with a guaranteed analysis.

(I) "Fertilizer application records" means the records required to be created and maintained in accordance with paragraph (A) of rule 901:5-4-04 of the Administrative Code.

(J) "Fertilizer certificate" means the certificate issued to a person who has been certified to apply fertilizer by the Ohio department of agriculture under Chapter 905. of the Revised Code and the rules adopted under this chapter.

(K) "Immediate family member" means an individual's spouse, parents, children, grandparents, siblings, grandchildren, brother- in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, step-parents, step-children, step-siblings, or a legal guardian.

(L) "Under the instructions and control" means that a certificate holder has instructed an applicator as to when, where, and how to apply fertilizer and is located within twenty-five miles distance or two hours time from the applicator at the time of application of fertilizer.