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The Vermont Statutes Online
Title
06
:
Agriculture
Chapter
028
:
FERTILIZER AND LIME
§
363. Definitions
When used in
this chapter:
(1)
"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.
(2)
"Brand" means a term, design, or trademark used in connection with
one or more grades of fertilizer or lime.
(3)
"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.
(4)
"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
materials.
(C) A specialty
fertilizer is a fertilizer distributed for nonfarm use.
(D) A bulk
fertilizer is a fertilizer distributed in a nonpackaged form.
(6)
"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.
(7)
"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
product.
(8)
"Label" means the display of all written, printed, or graphic matter
upon the immediate container, or a statement accompanying a fertilizer or lime.
(9)
"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.
(10)
"Official sample" means any sample of fertilizer or lime taken by the
secretary.
(11)
"Percent" or "percentage" means the percentage by weight.
(12)
"Primary nutrient" includes nitrogen, available phosphoric acid or
phosphorus, and soluble potash or potassium.
(13)
"Product" means the name of the lime which identifies it as to kind,
class, or specific use.
(14)
"Registrant" means the person who registers fertilizers or lime under
the provisions of this chapter.
(15)
"Ton" means a net weight of 2,000 pounds avoirdupois.
(16)
"Use" includes all purposes for which a fertilizer or lime is
applied.
(17)
"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,
2003.)