§ 106-50.30. Definitions.
§ 106‑50.30. Definitions.
Words used in this Article shall be defined as follows:
(1) "Adulterated" means any soil additive:
a. Which contains any deleterious substance in sufficientquantity to be injurious to desirable terrestrial or aquatic organisms whenapplied in accordance with the directions for use shown on the label; or
b. Whose composition differs from that offered in support of registration or shown on the label; or
c. Which contains noxious weed seed.
(2) "Bulk" means in nonpackaged form.
(3) "Commissioner" means the Commissioner ofAgriculture of the State of North Carolina or his designated agent.
(4) "Distribute" means to import, consign, offer forsale, sell, barter, exchange, or to otherwise supply soil additives to anyperson in this State.
(5) "Distributor" means any person who imports,consigns, sells, offers for sale, barters, exchanges, or otherwise suppliessoil additives in this State.
(6) "Label" means the display of written, printed, orgraphic matter upon the immediate container of, or accompanying soil additives.
(7) "Labeling" means all written, printed, or graphicmatter accompanying any soil additive and all advertisements, brochures,posters, television, radio or oral claims used in promoting its sale.
(8) "Percent" or "percentage" means theparts per hundred by weight.
(9) "Person" means individuals, partnerships,associations, corporations or other legal entity.
(10) "Product name" means the designation under which asoil additive is offered for distribution.
(11) "Registrant" means any person who registers a soiladditive under the provisions of this Article.
(12) "Sale" means any transfer of title or possession,or both, exchange or barter of tangible personal property, conditioned orotherwise for a consideration paid or to be paid, and this shall include any ofsaid transactions whereby title or ownership is to pass and shall further meanand include any bailment, loan, lease, rental, or license to use or consumetangible personal property for a consideration paid in which possession ofsaid property passes to the bailor, borrower, lessee, or licensee.
(13) "Sell" means the alienation, exchange, transfer orcontract for such transfer of property for a fixed price in money or itsequivalent.
(14) "Soil additive" means any substance intended forchanging the characteristics of soil or other growth medium for purposes of:
a. Increasing the biological population, or
b. Increasing penetrability of water or air, or
c. Increasing water holding capacity, or
d. Increasing root development, or
e. Alleviating or decreasing soil compaction, or
f. Otherwise altering the soil or other medium in such mannerthat the physical and biological properties are materially enhanced.
g. The term "soil additive" does not include anysubstance for which nutritional claims are made, such as, but not limited to,commercial fertilizers, liming materials, or unmanipulated vegetable or animalmanures. It also specifically does not include rhizobial inoculants, pine bark,peat moss, other unfortified mulches, or pesticides. (1977, c. 233, s. 3.)