§ 363 - Definitions
§ 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 which is used for its plant nutrient content and which 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 which 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.)