§363. Definitions

Link to law: http://legislature.vermont.gov/statutes/section/06/028/00363
Published: 2015

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The Vermont Statutes Online









363. Definitions

When used in

this chapter:


"Agricultural lime" or "agricultural liming material" or

"lime" means and includes:

(A) all products

whose calcium and magnesium compounds are capable of neutralizing soil acidity

and which are intended, sold, or offered for sale for agricultural or plant

propagation purposes;

(B) limestone

consisting essentially of calcium carbonate or a combination of calcium

carbonate with magnesium carbonate capable of neutralizing soil acidity; or

(C) industrial

waste or industrial by-products which contain calcium, calcium and magnesium,

or calcium, magnesium and potassium in forms that are capable of neutralizing

soil acidity and which are intended, sold, or offered for sale for agricultural

purposes. For the purposes of this chapter, the terms "agricultural

lime," "lime," and "agricultural liming material"

shall have the same meaning.


"Brand" means a term, design, or trademark used in connection with

one or more grades of fertilizer or lime.


"Distribute" means to import, consign, manufacture, produce,

compound, mix, or blend fertilizer or to offer for sale, sell, barter, or

otherwise supply or apply fertilizer or lime in this state.


"Distributor" means any person who distributes fertilizer or lime.

(5) "Fertilizer"

means any substance containing one or more recognized plant nutrients that is

used for its plant nutrient content and that is designed for use or claimed to

have value in promoting plant growth or health, except unprocessed animal or

vegetable manures and other products exempted by the secretary.

(A) A fertilizer

material is a substance that either:

(i) contains

important quantities of at least one of the primary plant nutrients: nitrogen,

phosphorus, or potassium;

(ii) has 85

percent or more of its plant nutrient content present in the form of a single

chemical compound; or

(iii) is derived

from a plant or chemical residue or by-product or natural material deposit

which has been processed in such a way that its content of plant nutrients has

not been materially changed except by purification and concentration.

(B) A mixed

fertilizer is a fertilizer containing any combination or mixture of fertilizer


(C) A specialty

fertilizer is a fertilizer distributed for nonfarm use.

(D) A bulk

fertilizer is a fertilizer distributed in a nonpackaged form.


"Grade" means the percentage of total nitrogen, available phosphorus

or phosphoric acid, and soluble potassium or potash stated in whole numbers in

the same terms, order, or percentages as in the guaranteed analysis. Specialty

fertilizers and fertilizer materials may be guaranteed in fractional terms. Any

grade expressed in fractional terms which is not preceded by a whole number

shall be preceded by zero.


"Guaranteed analysis" means:

(A) in reference

to fertilizer, the minimum percentages of plant nutrients claimed by the

manufacturer or producer of the product in the following order and form:

nitrogen, phosphorus and potash; and

(B) in reference

to agricultural lime or agricultural liming material, the minimum percentages

of calcium oxide and magnesium oxide and/or calcium carbonate and the calcium

carbonate equivalent, as claimed by the manufacturer or producer of the



"Label" means the display of all written, printed, or graphic matter

upon the immediate container, or a statement accompanying a fertilizer or lime.


"Labeling" means all written, printed, or graphic material upon or

accompanying any lime or fertilizer including advertisements, brochures,

posters, and television and radio announcements used in promoting the sale of

the lime or fertilizer.


"Official sample" means any sample of fertilizer or lime taken by the



"Percent" or "percentage" means the percentage by weight.


"Primary nutrient" includes nitrogen, available phosphoric acid or

phosphorus, and soluble potash or potassium.


"Product" means the name of the lime which identifies it as to kind,

class, or specific use.


"Registrant" means the person who registers fertilizers or lime under

the provisions of this chapter.


"Ton" means a net weight of 2,000 pounds avoirdupois.


"Use" includes all purposes for which a fertilizer or lime is



"Weight" means the weight of undried material as offered for sale.

(Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27,