Section 76-11-3 - Definitions.
76-11-3. Definitions.
As used in the New Mexico Fertilizer Act [Article 11 of Chapter 76 NMSA 1978]:
A. "board" means the board of regents of the New Mexico state university;
B. "department" means the New Mexico department of agriculture;
C. "commercial fertilizer" means any substance which contains one or more recognized plant nutrients and which is used for its plant nutrient content, and which is designed for use or claimed to have value in promoting plant growth (except unmanipulated animal and vegetable manures, marl limes, limestone, wood ashes, gypsum and other products exempt by regulation of the board);
D. "fertilizer material" means a commercial fertilizer which either:
(1) contains important quantities of no more than one of the primary plant nutrients: nitrogen, phosphoric acid and potash; or
(2) has approximately eighty-five percent of its plant nutrient content present in the form of a single chemical compound; or
(3) is derived from a plant or animal residue or byproduct or a natural material deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration;
E. "specialty fertilizer" means 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;
F. "bulk fertilizers" means commercial fertilizers distributed in a nonpackaged form;
G. "brand" means a term, design or trademark under which one or more commercial fertilizers or soil conditioners are distributed in New Mexico;
H. "guaranteed analysis" means the minimum percentage of plant nutrients claimed in the order and form as prescribed by the board;
I. "grade" means the percentages of total nitrogen, available phosphorus or phosphoric acid and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis; provided, however, that fertilizer materials, bone meal, manures and similar raw materials may be guaranteed in fractional units;
J. "official sample" means any sample of commercial fertilizer or soil conditioner taken by the department, unless designated otherwise;
K. "ton" means a net weight of two thousand pounds avoirdupois;
L. "percent" or "percentage" means the percentage by weight;
M. "person" includes individual, partnership, association, firm and corporation;
N. "distributor" means any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer or soil conditioner, or who offers for sale, sells, barters or otherwise supplies commercial fertilizer or soil conditioner in this state;
O. "registrant" means the person who registers a commercial fertilizer or soil conditioner under the provisions of the New Mexico Fertilizer Act;
P. "label" means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer or soil conditioner;
Q. "labeling" means all written, printed or graphic matter, upon or accompanying any commercial fertilizer or soil conditioner; and
R. "soil conditioner" means any substance or mixture of substances intended for sale, offered for sale or sold for manurial, soil enriching or soil corrective purposes or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of plants, improving the quality of crops or producing any chemical or physical change in the soil, except commercial fertilizer as defined in this section, unmanipulated animal and vegetable manures and other products exempted by regulations of the board.