Section 324.8501 - Definitions; A to M.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.8501 Definitions; A to M.
Sec. 8501.
As used in this part:
(a) "Adulterated product" means a product that contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil or water are not shown on the label.
(b) "Agricultural use" means that term as defined in section 36101.
(c) "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs.
(d) "Aquifer sensitivity" means a hydrogeologic function representing the inherent abilities of materials surrounding the aquifer to attenuate the movement of nitrogen fertilizers into that aquifer.
(e) "Aquifer sensitivity region" means an area in which aquifer sensitivity estimations are sufficiently uniform to warrant their classification as a unit.
(f) "Brand or product name" means a term, design, or trademark used in connection with 1 or more grades of fertilizer.
(g) "Bulk fertilizer" means fertilizer distributed in a nonpackaged form.
(h) "Custom blend" means a fertilizer blended according to specifications provided to a blender in a soil test nutrient recommendation or blended as specifically requested by the consumer prior to blending.
(i) "Department" means the department of agriculture.
(j) "Director" means the director of the department or his or her designee.
(k) "Distribute" means to import, consign, sell, barter, offer for sale, solicit orders for sale, or otherwise supply fertilizer for sale or use in this state.
(l) "Distributor" means any person who distributes fertilizer for sale or use in this state.
(m) "Fertilizer" means a substance containing 1 or more recognized plant nutrients, which substance is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth. Fertilizer does not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other materials exempted by rules promulgated under this part.
(n) "Fertilizer material" means a fertilizer that is any of the following:
(i) Contains not more than 1 of the following as primary nutrients:
(A) Total nitrogen (N).
(B) Available phosphate (P2O5).
(C) Soluble potash (K2O).
(ii) Has 85% or more of its plant nutrient content present in the form of a single chemical compound.
(iii) Is derived from a plant or animal residue or by-product or natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
(o) "Fund" means the fertilizer control fund created under section 8514.
(p) "Grade" means the percentage guarantee of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O), of a fertilizer and shall be stated in the same order given in this subdivision. Indication of grade does not apply to peat or peat moss or soil conditioners.
(q) "Groundwater" means underground water within the zone of saturation.
(r) "Groundwater stewardship practices" means any of a set of voluntary practices adopted by the commission of agriculture pursuant to part 87, designed to protect groundwater from contamination by fertilizers.
(s) "Guaranteed analysis" means the minimum percentage of each plant nutrient guaranteed or claimed to be present.
(t) "Label" means any written, printed, or graphic matter on or attached to packaged fertilizer or used to identify fertilizer distributed in bulk or held in bulk storage.
(u) "Labeling" means all labels and other written, printed, electronic, or graphic matter upon or accompanying any fertilizer at any time, and includes advertising, sales literature, brochures, posters, and internet, television, and radio announcements used in promoting the sale of that fertilizer.
(v) "Licensee" means the person who receives a license to manufacture or distribute fertilizers under this part.
(w) "Lot" means an identifiable quantity of fertilizer that can be sampled officially according to methods adopted under section 8510, that amount contained in a single vehicle, or that amount delivered under a single invoice.
(x) "Manufacture" means to process, granulate, compound, produce, mix, blend, or alter the composition of fertilizer or fertilizer materials.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 276, Imd. Eff. July 27, 1998 ;-- Am. 2006, Act 503, Eff. Mar. 30, 2007 ;-- Am. 2008, Act 13, Imd. Eff. Feb. 29, 2008
Popular Name: Act 451
Popular Name: NREPA