200.3 - DEFINITIONS OF WORDS AND TERMS.
200.3 DEFINITIONS OF WORDS AND TERMS.
When used in this chapter:
1. "Ammonium nitrate" means a compound that is chiefly
composed of ammonium salt of nitric acid which contains not less than
thirty-three percent nitrogen, one-half of which is in the ammonium
form and one-half in the nitrate form.
2. The term "anhydrous ammonia" means the compound formed by
the combination of two gaseous elements, nitrogen and hydrogen, in
the proportion of one part nitrogen to three parts hydrogen by
volume.
3. "Anhydrous ammonia plant" means a facility used for the
manufacture or distribution of the compound formed by the combination
of two gaseous elements, nitrogen and hydrogen, in the proportion of
one part nitrogen to three parts hydrogen by volume.
4. The term "brand" means a term, design, or trademark used
in connection with one or several grades of commercial fertilizer.
5. The term "bulk fertilizer" shall mean commercial
fertilizer delivered to the purchaser in the solid, liquid, or
gaseous state, in a nonpackaged form to which a label cannot be
attached.
6. The term "commercial fertilizer" includes fertilizer and
fertilizer materials and fertilizer-pesticide mixtures.
7. The term "distributor" means any person who imports,
consigns, manufactures, produces, compounds, mixes, or blends
commercial fertilizer, or who offers for sale, sells, barters, or
otherwise distributes commercial fertilizer in this state.
8. "Established date of operation" means the date on which an
anhydrous ammonia plant commenced operating. If the physical
facilities of the plant are subsequently expanded, the established
date of operation for each expansion is deemed to be a separate and
independent "established date of operation" established as of the
date of commencement of the expanded operations. The commencement of
expanded operations does not divest the plant of a previously
established date of operation.
9. "Established date of ownership" means the date of the
recording of an appropriate instrument of title establishing the
ownership of real estate.
10. The term "fertilizer" means any substance containing one
or more recognized plant nutrient which is used for its plant
nutrient content and which is designed for use and claimed to have
value in promoting plant growth except unmanipulated animal and
vegetable manures or calcium and magnesium carbonate materials used
primarily for correcting soil acidity.
11. The term "fertilizer material" means any substance used
as a fertilizer or for compounding a fertilizer containing one or
more of the recognized plant nutrients which are used for promoting
plant growth or altering plant composition.
12. The term "grade" means the percentages of total nitrogen,
available phosphorus or P2O5 or both, and soluble potassium
or K2O or both stated in whole numbers in same terms, order and
percentages as in the "guaranteed analysis".
13. Guaranteed analysis:
a. (1) The term "guaranteed analysis" shall mean the
minimum percentage of plant nutrients claimed and reported as Total
Nitrogen (N), Available Phosphorus (P) or P2O5 or both,
Soluble Potassium (K) or K2O or both and in the following form:
Total Nitrogen (N) ... percent
Available Phosphorus (P) or
P2O5 or both ... percent
Soluble Potassium (K) or
K2O or both ... percent
(2) Registration and guarantee of water soluble phosphorus (P) or
(P2O5) shall be permitted.
b. The term "guaranteed analysis", in the form specified
in paragraph "a", includes:
(1) For unacidulated mineral phosphatic materials and basic slag,
both total and available phosphorus or P2O5 or both and the
degree of fineness. For bone tankage and other organic phosphatic
materials, total phosphorus or P2O5 or both.
(2) When any additional plant nutrient elements contained in a
substance as identified in subsection 10 of this section, are claimed
in writing, they shall be identified in the guarantee, expressed as
the element, and shall be subject to inspection and analysis in
accordance with the methods and regulations that may be prescribed by
the association of official agricultural chemists.
14. "Licensee" means a person licensed under section 200.4.
15. "Nuisance" means public or private nuisance as defined by
statute or by the common law.
16. "Nuisance action or proceeding" means an action, claim or
proceeding brought at law, in equity, or as an administrative
proceeding, which is based on nuisance.
17. The term "official sample" means any sample of commercial
fertilizer taken by the secretary or the secretary's agent.
18. "Organic agricultural product" means the same as defined
in section 190C.1.
19. "Owner" means the person holding record title to real
estate, and includes both legal and equitable interest under recorded
real estate contracts.
20. The term "percent or percentage" means the percentage by
weight.
21. The term "person" includes individual, partnership,
association, firm, and corporation.
22. The term "pesticide" as used in this chapter means
insecticides, miticides, nemacides, fungicides, herbicides and any
other substance used in pest control.
23. "Rule" means a rule as defined in section 17A.2 which
materially affects the operation of an anhydrous ammonia plant. The
term includes a rule which was in effect prior to July 1, 1984.
24. The term "sell" or "sale" includes exchange.
25. A "soil conditioner" is any substance which when added to
the soil or applied to plants will produce a favorable growth, yield
or quality of crop or soil flora or fauna or other soil
characteristics, other than a fertilizer, recognized pesticide,
unmanipulated animal and vegetable manures or calcium and magnesium
carbonate materials used primarily for correcting soil acidity.
26. A "specialty fertilizer" is a commercial fertilizer
distributed primarily for nonfarm use, such as home gardens, lawns,
shrubbery, flowers, golf courses, municipal parks, cemeteries,
greenhouses and nurseries and may include commercial fertilizers used
for research or experimental purposes.
27. The term "ton" means a net weight of two thousand pounds
avoirdupois.
28. The term "unmanipulated manures" means any substances
composed primarily of excreta, plant remains, or mixtures of such
substances which have not been processed in any manner.
29. Words importing the singular number may extend and be applied
to several persons or things, and words importing the plural number
may include the singular. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 200.3] Section History: Recent Form
84 Acts, ch 1269, § 1; 2000 Acts, ch 1082, §1; 2005 Acts, ch 73,
§1; 2009 Acts, ch 41, §263
Referred to in § 161.2, 200.5, 200.10, 200.12, 202.1, 455B.602,
570A.1, 579B.1
Further definitions, see § 189.1