14511. "Agricultural liming materials" are agricultural minerals
composed of calcium or magnesium compounds, or both, which are
capable of neutralizing soil acidity and which are distributed in
this state for that purpose.
14512. "Agricultural mineral" means any substance with nitrogen
(N), available phosphoric acid (P2O5), and soluble potash (K2O),
singly or in combination, in amounts less than 5 percent which is
distributed for farm use, or any substance only containing recognized
essential secondary nutrients or micronutrients in amounts equal or
greater than minimum amounts specified by the director, by
regulation, and distributed in this state as a source of these
nutrients for the purpose of promoting plant growth. It shall include
gypsum, liming materials, manure, wood fly ash, sewage sludge not
qualifying as commercial fertilizer, and captured dilute solutions.
14512.5. "Ammonium nitrate" means solid ammonium nitrate that is
chiefly the ammonium salt of nitric acid, contains not less than 33
percent of nitrogen, one-half of which is in the ammonium form and
one-half of which is in the nitrate form, and is produced, imported,
stored, offered for sale, sold, offered for distribution, received,
or intended for use as a plant nutrient.
14513. "Auxiliary soil and plant substance" means any chemical or
biological substance or mixture of substances or device distributed
in this state to be applied to soil, plants, or seeds for soil
corrective purposes; or that is intended to improve germination,
growth, yield, product quality, reproduction, flavor, or other
desirable characteristics of plants; or that is intended to produce
any chemical, biochemical, biological, or physical change in soil;
but does not include commercial fertilizers, agricultural minerals,
pesticides, soil amendments, or manures. It shall include the
following:
(a) Bacterial inoculants.
(b) Biotics.
(c) Lignin or humus preparations.
(d) Microbial products, including genetically engineered
microorganisms.
(e) Soil binding agents.
(f) Synthetic polyelectrolytes.
(g) Wetting agents to promote water penetration.
(h) Any similar product intended to be used for influencing soils,
plant growth, or crop or plant quality.
14514. "Biotics" means all materials for which claims are made
relating to organisms, enzymes, or organism by-products.
14515. "Board" means the Fertilizer Inspection Advisory Board.
14516. "Brand" means any term, design, or trademark used in
connection with a fertilizing material product.
14517. "Bulk material" means fertilizing materials distributed in
nonpackaged form or in a container containing more than 50 kilograms
or 110 pounds.
14518. "Business location" means any place where fertilizing
materials are sold or stored for later sale, except storage of
package materials on premises operated exclusively as a public
warehouse.
14519. "Captured dilute solutions" means solutions that contain low
levels of plant nutrients as a result of equipment rinsing and
runoff.
14520. "Chelates" means compounds, usually organic, which can
combine with a metal ion and form a ring structure between a portion
of the chelating agent molecule and the metal.
14521. "Chelated plant nutrients" means compounds of metallic
secondary nutrients and micronutrients with organic chelating agents
which have the property of being available under pH conditions in
which the nutrients normally form insoluble compounds.
14522. "Commercial fertilizer" means any substance which contains 5
percent or more of nitrogen (N), available phosphoric acid (P2O5),
or soluble potash (K2O), singly or collectively, which is distributed
in this state for promoting or stimulating plant growth. "Commercial
fertilizer" includes both agricultural and specialty fertilizers.
"Specialty fertilizers" may contain less than 5 percent nitrogen (N),
available phosphoric acid (P2O5), or soluble potash (K2O), singly or
collectively.
14523. "Common carrier" means a company licensed with the Public
Utilities Commission that hauls for hire.
14524. "Complex" means bonding which includes both of the
following:
(a) "Natural organic complexes" means organic by-products of the
wood pulp and other industries, such as the lignin sulfonates and
polyflavinoids, that form complexes with metallic secondary nutrients
and micronutrients. "Natural organic complexes" do not include
synthetic chelates in that natural organic complex, generally known
as the natural organic chelates which are polymers, for which the
nature of the metallic bonding is not known.
(b) "Inorganic complexes" include inorganic cations which form
coordinate chemical bonds with other inorganic cations, anions, or
neutral molecules, such as where metal-ammonia complexes of zinc or
ammonia are coordinately bonded to the metal cation, and which
usually reacts differently than the metal alone in solutions, but
dissociates in soil and reacts as the uncomplexed cation.
14525. "Compost" means a biologically stable material derived from
the composting process.
14526. "Composting" means the biological decomposition of organic
matter which inhibits pathogens, viable weed seeds, and odors.
"Composting" may be accomplished by mixing and piling in a way as to
promote aerobic or anaerobic decay, or both.
14527. "Derivation statement" means the sources of all guaranteed
primary nutrients or secondary nutrients, or both, and
micronutrients.
14528. "Discontinued manufacturing" means an auxiliary soil and
plant substance, packaged agricultural mineral, packaged soil
amendment, organic input material, and specialty fertilizer that is
no longer manufactured, but is still offered for sale.
14529. "Distribute" means to sell, offer, expose for sale,
exchange, barter, or otherwise supply products for use in, or
shipment within or into, this state.
14530. "Distributor" means any person who imports or consigns a
fertilizing material or who offers for sale, sells, barters, or
othewise supplies this product for use in, or shipment within or
into, this state.
14531. "Experimental use" means any application of a fertilizing
material which is not offered for sale, has no commercial value, and
is for the sole purpose of obtaining scientific data.
14532. "Farm use" means that the fertilizing material is used
primarily for application to crops produced for commercial value.
14533. "Fertilizing material" means any commercial fertilizer,
agricultural mineral, auxiliary soil and plant substance, organic
input material, or packaged soil amendment.
14534. "Fish emulsion" means fertilizing material from which the
guaranteed nutrients are derived primarily from fish, which contains
a minimum of 40 percent total solids from fish, and which may contain
additional sources of nitrogen, available phosphoric acid, and
soluble potash for standardization purposes or stabilization
purposes, or for both purposes, that shall be included in the
required guaranteed analysis and derivation statement.
14535. "Grade" means the percentage of total nitrogen, available
phosphoric acid, and soluble potash stated in the same terms, order,
and percentage as the guaranteed analysis.
14536. "Guaranteed analysis" means the minimum percentage of
primary or secondary plant nutrients or micronutrients, or both,
claimed.
14537. (a) "Gypsum" means calcium sulfate dihydrate, a mineral used
in the fertilizer industry as a source of calcium and sulfur which
is also known as landplaster.
(b) "Phosphatic sulfate gypsum" means a by-product of calcium
dihydrate from the manufacture of phosphoric acid, also known as
phosphogypsum.
14538. "Hydroponics" means a system in which water soluble primary
or secondary plant nutrients or micronutrients, or combination
thereof, are placed in intimate contact with the plant's root system,
being grown in a water or an inert supportive medium which supplies
physical support for the roots but which does not add or subtract
primary or secondary plant nutrients or micronutrients, or both.
14539. "Investigational allowance" means an allowance for variation
inherent in the taking, preparation, and analysis of an official
sample of fertilizing materials.
14540. "Label" means the display of all written, printed, or
graphic matter on the immediate container of, or a statement,
including the guaranteed analysis, accompanying fertilizing material.
14541. "Label guarantor" means the manufacturer's or person's name
appearing on the label of a fertilizing material.
14542. "Labeling" means all written, printed, or graphic matter on,
accompanying, or used in promoting the sale of any fertilizing
material, including advertisements, brochures, posters, and
television and radio announcements.
14543. "Licensee" means a person who has obtained a license
pursuant to this chapter.
14544. "Manufacturer" means a person who produces, sells, or
distributes a fertilizing material in this state that bears their
company name on the label and is the guarantor.
14545. "Manure" means any substances composed primarily of animal
excrement, plant remains, or mixtures of those substances.
14546. "Micronutrients" means boron, chlorine, cobalt, copper,
iron, manganese, molybdenum, sodium, or zinc, alone or in any
combination.
14547. "Mixed fertilizer" is a commercial fertilizer containing any
combination or mixture of fertilizing materials.
14548. "Natural organic fertilizer" means materials derived from
either plant or animal products containing one or more nutrients
other than carbon, hydrogen, and oxygen, which are essential for
plant growth, which may be subjected to biological degradation
processes under normal conditions of aging, rainfall, sun-curing, air
drying, composting, rotting, enzymatic, or anaerobic/aerobic
bacterial action, or any combination of these, which shall not be
mixed with synthetic materials or changed in any physical or chemical
manner from their initial state except by physical manipulations
such as drying, cooking, chopping, grinding, shredding, or pelleting.
14549. "Noncommercial use" means materials used primarily for
application to lawns, shrubbery, flowers, trees, or where there is no
crop for commercial value or economic purpose, excluding golf
courses, cemeteries, and nurseries.
14550. "Official sample" means any sample of fertilizing material
taken by an agent of the department and designated as "official" by
the department.
14550.5. "Organic input material" means any bulk or packaged
commercial fertilizer, agricultural mineral, auxiliary soil and plant
substance, specialty fertilizer, or soil amendment, excluding
pesticides, that is to be used in organic crop and food production
and that complies with the requirements of the National Organic
Program standards, as specified in Part 205 (commencing with Section
205.1) of Subchapter M of Chapter I of Subtitle B of Title 7 of the
Code of Federal Regulations.
14551. "Packaged" means a fertilizing material distributed in
packaged form or in a container containing equal to or less than 50
kilograms or 110 pounds.
14552. "Packaged soil amendment" means any substance distributed
for the purpose of promoting plant growth or improving the quality of
crops by conditioning soils solely through physical means. It
includes all of the following:
(a) Hay.
(b) Straw.
(c) Peat moss.
(d) Leaf mold.
(e) Sand.
(f) Wood products.
(g) Any product or mixture of products intended for use as a
potting medium, planting mix, or soilless growing media.
(h) Manures sold without guarantees for plant nutrients.
(i) Any other substance or product which is intended for use
solely because of its physical properties.
14553. "Percent or percentage" means percentage by weight.
14554. "Person" means individual, partnership, association, firm,
limited liability company, or corporation who assumes responsibility
for the product.
14555. "Plant" means any business location where fertilizing
materials are manufactured, sold, or stored for later sale, except
storage of packaged materials on premises operated exclusively as a
public warehouse.
14556. "Primary plant nutrient" means nitrogen (N), available
phosphoric acid (P2O5), or soluble potash (K2O).
14557. "Provisional registration" means that under certain
circumstances, a label for renewal on an auxiliary soil and plant
substance, packaged agricultural mineral, packaged soil amendment,
organic input material, or specialty fertilizer, alone or in any
combination, may be registered for a limited period of time while
labels are being corrected and reprinted.
14558. "Registrant" means any person who has registered a packaged
agricultural mineral, auxiliary soil and plant substance, packaged
soil amendment, organic input material, or specialty fertilizer.
14559. "Secondary plant nutrient" means calcium, magnesium, or
sulfur, alone or in any combination.
14559.5. "Secretary" means the Secretary of Food and Agriculture.
14560. "Sewage sludge" means the solid material resulting from the
treatment of waste water of residential or municipal sewage systems.
14561. "Soil conditioners" means polyelectrolytes, such as complex
vinyl and acrylic compounds and certain cellulose and lignin
derivatives, which tend to agglomerate soil colloids and produce a
crumb structure in the soil and increase the permeability of the soil
to air and water and increase its resistance to crusting when it
dries out.
14562. "Soilless growing medium" means a medium of an inorganic
substance, such as sand or gravel, or in a soilless organic material
such as sphagnum peat or pine bark, and periodically watered with a
primary or secondary plant nutrient or micronutrient solution, or
both.
14563. "Specialty fertilizer" means packaged commercial fertilizer
labeled for home gardens, lawns, shrubbery, flowers, and other
similar noncommercial uses. These products may contain less than 5
percent nitrogen (N), available phosphoric acid (P2O5), or soluble
potash (K2 O), singly or collectively, detectable by chemical
methods.
14564. "Ton" means a net weight of 2,000 pounds avoirdupois.
14511. "Agricultural liming materials" are agricultural minerals
composed of calcium or magnesium compounds, or both, which are
capable of neutralizing soil acidity and which are distributed in
this state for that purpose.
14512. "Agricultural mineral" means any substance with nitrogen
(N), available phosphoric acid (P2O5), and soluble potash (K2O),
singly or in combination, in amounts less than 5 percent which is
distributed for farm use, or any substance only containing recognized
essential secondary nutrients or micronutrients in amounts equal or
greater than minimum amounts specified by the director, by
regulation, and distributed in this state as a source of these
nutrients for the purpose of promoting plant growth. It shall include
gypsum, liming materials, manure, wood fly ash, sewage sludge not
qualifying as commercial fertilizer, and captured dilute solutions.
14512.5. "Ammonium nitrate" means solid ammonium nitrate that is
chiefly the ammonium salt of nitric acid, contains not less than 33
percent of nitrogen, one-half of which is in the ammonium form and
one-half of which is in the nitrate form, and is produced, imported,
stored, offered for sale, sold, offered for distribution, received,
or intended for use as a plant nutrient.
14513. "Auxiliary soil and plant substance" means any chemical or
biological substance or mixture of substances or device distributed
in this state to be applied to soil, plants, or seeds for soil
corrective purposes; or that is intended to improve germination,
growth, yield, product quality, reproduction, flavor, or other
desirable characteristics of plants; or that is intended to produce
any chemical, biochemical, biological, or physical change in soil;
but does not include commercial fertilizers, agricultural minerals,
pesticides, soil amendments, or manures. It shall include the
following:
(a) Bacterial inoculants.
(b) Biotics.
(c) Lignin or humus preparations.
(d) Microbial products, including genetically engineered
microorganisms.
(e) Soil binding agents.
(f) Synthetic polyelectrolytes.
(g) Wetting agents to promote water penetration.
(h) Any similar product intended to be used for influencing soils,
plant growth, or crop or plant quality.
14514. "Biotics" means all materials for which claims are made
relating to organisms, enzymes, or organism by-products.
14515. "Board" means the Fertilizer Inspection Advisory Board.
14516. "Brand" means any term, design, or trademark used in
connection with a fertilizing material product.
14517. "Bulk material" means fertilizing materials distributed in
nonpackaged form or in a container containing more than 50 kilograms
or 110 pounds.
14518. "Business location" means any place where fertilizing
materials are sold or stored for later sale, except storage of
package materials on premises operated exclusively as a public
warehouse.
14519. "Captured dilute solutions" means solutions that contain low
levels of plant nutrients as a result of equipment rinsing and
runoff.
14520. "Chelates" means compounds, usually organic, which can
combine with a metal ion and form a ring structure between a portion
of the chelating agent molecule and the metal.
14521. "Chelated plant nutrients" means compounds of metallic
secondary nutrients and micronutrients with organic chelating agents
which have the property of being available under pH conditions in
which the nutrients normally form insoluble compounds.
14522. "Commercial fertilizer" means any substance which contains 5
percent or more of nitrogen (N), available phosphoric acid (P2O5),
or soluble potash (K2O), singly or collectively, which is distributed
in this state for promoting or stimulating plant growth. "Commercial
fertilizer" includes both agricultural and specialty fertilizers.
"Specialty fertilizers" may contain less than 5 percent nitrogen (N),
available phosphoric acid (P2O5), or soluble potash (K2O), singly or
collectively.
14523. "Common carrier" means a company licensed with the Public
Utilities Commission that hauls for hire.
14524. "Complex" means bonding which includes both of the
following:
(a) "Natural organic complexes" means organic by-products of the
wood pulp and other industries, such as the lignin sulfonates and
polyflavinoids, that form complexes with metallic secondary nutrients
and micronutrients. "Natural organic complexes" do not include
synthetic chelates in that natural organic complex, generally known
as the natural organic chelates which are polymers, for which the
nature of the metallic bonding is not known.
(b) "Inorganic complexes" include inorganic cations which form
coordinate chemical bonds with other inorganic cations, anions, or
neutral molecules, such as where metal-ammonia complexes of zinc or
ammonia are coordinately bonded to the metal cation, and which
usually reacts differently than the metal alone in solutions, but
dissociates in soil and reacts as the uncomplexed cation.
14525. "Compost" means a biologically stable material derived from
the composting process.
14526. "Composting" means the biological decomposition of organic
matter which inhibits pathogens, viable weed seeds, and odors.
"Composting" may be accomplished by mixing and piling in a way as to
promote aerobic or anaerobic decay, or both.
14527. "Derivation statement" means the sources of all guaranteed
primary nutrients or secondary nutrients, or both, and
micronutrients.
14528. "Discontinued manufacturing" means an auxiliary soil and
plant substance, packaged agricultural mineral, packaged soil
amendment, organic input material, and specialty fertilizer that is
no longer manufactured, but is still offered for sale.
14529. "Distribute" means to sell, offer, expose for sale,
exchange, barter, or otherwise supply products for use in, or
shipment within or into, this state.
14530. "Distributor" means any person who imports or consigns a
fertilizing material or who offers for sale, sells, barters, or
othewise supplies this product for use in, or shipment within or
into, this state.
14531. "Experimental use" means any application of a fertilizing
material which is not offered for sale, has no commercial value, and
is for the sole purpose of obtaining scientific data.
14532. "Farm use" means that the fertilizing material is used
primarily for application to crops produced for commercial value.
14533. "Fertilizing material" means any commercial fertilizer,
agricultural mineral, auxiliary soil and plant substance, organic
input material, or packaged soil amendment.
14534. "Fish emulsion" means fertilizing material from which the
guaranteed nutrients are derived primarily from fish, which contains
a minimum of 40 percent total solids from fish, and which may contain
additional sources of nitrogen, available phosphoric acid, and
soluble potash for standardization purposes or stabilization
purposes, or for both purposes, that shall be included in the
required guaranteed analysis and derivation statement.
14535. "Grade" means the percentage of total nitrogen, available
phosphoric acid, and soluble potash stated in the same terms, order,
and percentage as the guaranteed analysis.
14536. "Guaranteed analysis" means the minimum percentage of
primary or secondary plant nutrients or micronutrients, or both,
claimed.
14537. (a) "Gypsum" means calcium sulfate dihydrate, a mineral used
in the fertilizer industry as a source of calcium and sulfur which
is also known as landplaster.
(b) "Phosphatic sulfate gypsum" means a by-product of calcium
dihydrate from the manufacture of phosphoric acid, also known as
phosphogypsum.
14538. "Hydroponics" means a system in which water soluble primary
or secondary plant nutrients or micronutrients, or combination
thereof, are placed in intimate contact with the plant's root system,
being grown in a water or an inert supportive medium which supplies
physical support for the roots but which does not add or subtract
primary or secondary plant nutrients or micronutrients, or both.
14539. "Investigational allowance" means an allowance for variation
inherent in the taking, preparation, and analysis of an official
sample of fertilizing materials.
14540. "Label" means the display of all written, printed, or
graphic matter on the immediate container of, or a statement,
including the guaranteed analysis, accompanying fertilizing material.
14541. "Label guarantor" means the manufacturer's or person's name
appearing on the label of a fertilizing material.
14542. "Labeling" means all written, printed, or graphic matter on,
accompanying, or used in promoting the sale of any fertilizing
material, including advertisements, brochures, posters, and
television and radio announcements.
14543. "Licensee" means a person who has obtained a license
pursuant to this chapter.
14544. "Manufacturer" means a person who produces, sells, or
distributes a fertilizing material in this state that bears their
company name on the label and is the guarantor.
14545. "Manure" means any substances composed primarily of animal
excrement, plant remains, or mixtures of those substances.
14546. "Micronutrients" means boron, chlorine, cobalt, copper,
iron, manganese, molybdenum, sodium, or zinc, alone or in any
combination.
14547. "Mixed fertilizer" is a commercial fertilizer containing any
combination or mixture of fertilizing materials.
14548. "Natural organic fertilizer" means materials derived from
either plant or animal products containing one or more nutrients
other than carbon, hydrogen, and oxygen, which are essential for
plant growth, which may be subjected to biological degradation
processes under normal conditions of aging, rainfall, sun-curing, air
drying, composting, rotting, enzymatic, or anaerobic/aerobic
bacterial action, or any combination of these, which shall not be
mixed with synthetic materials or changed in any physical or chemical
manner from their initial state except by physical manipulations
such as drying, cooking, chopping, grinding, shredding, or pelleting.
14549. "Noncommercial use" means materials used primarily for
application to lawns, shrubbery, flowers, trees, or where there is no
crop for commercial value or economic purpose, excluding golf
courses, cemeteries, and nurseries.
14550. "Official sample" means any sample of fertilizing material
taken by an agent of the department and designated as "official" by
the department.
14550.5. "Organic input material" means any bulk or packaged
commercial fertilizer, agricultural mineral, auxiliary soil and plant
substance, specialty fertilizer, or soil amendment, excluding
pesticides, that is to be used in organic crop and food production
and that complies with the requirements of the National Organic
Program standards, as specified in Part 205 (commencing with Section
205.1) of Subchapter M of Chapter I of Subtitle B of Title 7 of the
Code of Federal Regulations.
14551. "Packaged" means a fertilizing material distributed in
packaged form or in a container containing equal to or less than 50
kilograms or 110 pounds.
14552. "Packaged soil amendment" means any substance distributed
for the purpose of promoting plant growth or improving the quality of
crops by conditioning soils solely through physical means. It
includes all of the following:
(a) Hay.
(b) Straw.
(c) Peat moss.
(d) Leaf mold.
(e) Sand.
(f) Wood products.
(g) Any product or mixture of products intended for use as a
potting medium, planting mix, or soilless growing media.
(h) Manures sold without guarantees for plant nutrients.
(i) Any other substance or product which is intended for use
solely because of its physical properties.
14553. "Percent or percentage" means percentage by weight.
14554. "Person" means individual, partnership, association, firm,
limited liability company, or corporation who assumes responsibility
for the product.
14555. "Plant" means any business location where fertilizing
materials are manufactured, sold, or stored for later sale, except
storage of packaged materials on premises operated exclusively as a
public warehouse.
14556. "Primary plant nutrient" means nitrogen (N), available
phosphoric acid (P2O5), or soluble potash (K2O).
14557. "Provisional registration" means that under certain
circumstances, a label for renewal on an auxiliary soil and plant
substance, packaged agricultural mineral, packaged soil amendment,
organic input material, or specialty fertilizer, alone or in any
combination, may be registered for a limited period of time while
labels are being corrected and reprinted.
14558. "Registrant" means any person who has registered a packaged
agricultural mineral, auxiliary soil and plant substance, packaged
soil amendment, organic input material, or specialty fertilizer.
14559. "Secondary plant nutrient" means calcium, magnesium, or
sulfur, alone or in any combination.
14559.5. "Secretary" means the Secretary of Food and Agriculture.
14560. "Sewage sludge" means the solid material resulting from the
treatment of waste water of residential or municipal sewage systems.
14561. "Soil conditioners" means polyelectrolytes, such as complex
vinyl and acrylic compounds and certain cellulose and lignin
derivatives, which tend to agglomerate soil colloids and produce a
crumb structure in the soil and increase the permeability of the soil
to air and water and increase its resistance to crusting when it
dries out.
14562. "Soilless growing medium" means a medium of an inorganic
substance, such as sand or gravel, or in a soilless organic material
such as sphagnum peat or pine bark, and periodically watered with a
primary or secondary plant nutrient or micronutrient solution, or
both.
14563. "Specialty fertilizer" means packaged commercial fertilizer
labeled for home gardens, lawns, shrubbery, flowers, and other
similar noncommercial uses. These products may contain less than 5
percent nitrogen (N), available phosphoric acid (P2O5), or soluble
potash (K2 O), singly or collectively, detectable by chemical
methods.
14564. "Ton" means a net weight of 2,000 pounds avoirdupois.
14511. "Agricultural liming materials" are agricultural minerals
composed of calcium or magnesium compounds, or both, which are
capable of neutralizing soil acidity and which are distributed in
this state for that purpose.
14512. "Agricultural mineral" means any substance with nitrogen
(N), available phosphoric acid (P2O5), and soluble potash (K2O),
singly or in combination, in amounts less than 5 percent which is
distributed for farm use, or any substance only containing recognized
essential secondary nutrients or micronutrients in amounts equal or
greater than minimum amounts specified by the director, by
regulation, and distributed in this state as a source of these
nutrients for the purpose of promoting plant growth. It shall include
gypsum, liming materials, manure, wood fly ash, sewage sludge not
qualifying as commercial fertilizer, and captured dilute solutions.
14512.5. "Ammonium nitrate" means solid ammonium nitrate that is
chiefly the ammonium salt of nitric acid, contains not less than 33
percent of nitrogen, one-half of which is in the ammonium form and
one-half of which is in the nitrate form, and is produced, imported,
stored, offered for sale, sold, offered for distribution, received,
or intended for use as a plant nutrient.
14513. "Auxiliary soil and plant substance" means any chemical or
biological substance or mixture of substances or device distributed
in this state to be applied to soil, plants, or seeds for soil
corrective purposes; or that is intended to improve germination,
growth, yield, product quality, reproduction, flavor, or other
desirable characteristics of plants; or that is intended to produce
any chemical, biochemical, biological, or physical change in soil;
but does not include commercial fertilizers, agricultural minerals,
pesticides, soil amendments, or manures. It shall include the
following:
(a) Bacterial inoculants.
(b) Biotics.
(c) Lignin or humus preparations.
(d) Microbial products, including genetically engineered
microorganisms.
(e) Soil binding agents.
(f) Synthetic polyelectrolytes.
(g) Wetting agents to promote water penetration.
(h) Any similar product intended to be used for influencing soils,
plant growth, or crop or plant quality.
14514. "Biotics" means all materials for which claims are made
relating to organisms, enzymes, or organism by-products.
14515. "Board" means the Fertilizer Inspection Advisory Board.
14516. "Brand" means any term, design, or trademark used in
connection with a fertilizing material product.
14517. "Bulk material" means fertilizing materials distributed in
nonpackaged form or in a container containing more than 50 kilograms
or 110 pounds.
14518. "Business location" means any place where fertilizing
materials are sold or stored for later sale, except storage of
package materials on premises operated exclusively as a public
warehouse.
14519. "Captured dilute solutions" means solutions that contain low
levels of plant nutrients as a result of equipment rinsing and
runoff.
14520. "Chelates" means compounds, usually organic, which can
combine with a metal ion and form a ring structure between a portion
of the chelating agent molecule and the metal.
14521. "Chelated plant nutrients" means compounds of metallic
secondary nutrients and micronutrients with organic chelating agents
which have the property of being available under pH conditions in
which the nutrients normally form insoluble compounds.
14522. "Commercial fertilizer" means any substance which contains 5
percent or more of nitrogen (N), available phosphoric acid (P2O5),
or soluble potash (K2O), singly or collectively, which is distributed
in this state for promoting or stimulating plant growth. "Commercial
fertilizer" includes both agricultural and specialty fertilizers.
"Specialty fertilizers" may contain less than 5 percent nitrogen (N),
available phosphoric acid (P2O5), or soluble potash (K2O), singly or
collectively.
14523. "Common carrier" means a company licensed with the Public
Utilities Commission that hauls for hire.
14524. "Complex" means bonding which includes both of the
following:
(a) "Natural organic complexes" means organic by-products of the
wood pulp and other industries, such as the lignin sulfonates and
polyflavinoids, that form complexes with metallic secondary nutrients
and micronutrients. "Natural organic complexes" do not include
synthetic chelates in that natural organic complex, generally known
as the natural organic chelates which are polymers, for which the
nature of the metallic bonding is not known.
(b) "Inorganic complexes" include inorganic cations which form
coordinate chemical bonds with other inorganic cations, anions, or
neutral molecules, such as where metal-ammonia complexes of zinc or
ammonia are coordinately bonded to the metal cation, and which
usually reacts differently than the metal alone in solutions, but
dissociates in soil and reacts as the uncomplexed cation.
14525. "Compost" means a biologically stable material derived from
the composting process.
14526. "Composting" means the biological decomposition of organic
matter which inhibits pathogens, viable weed seeds, and odors.
"Composting" may be accomplished by mixing and piling in a way as to
promote aerobic or anaerobic decay, or both.
14527. "Derivation statement" means the sources of all guaranteed
primary nutrients or secondary nutrients, or both, and
micronutrients.
14528. "Discontinued manufacturing" means an auxiliary soil and
plant substance, packaged agricultural mineral, packaged soil
amendment, organic input material, and specialty fertilizer that is
no longer manufactured, but is still offered for sale.
14529. "Distribute" means to sell, offer, expose for sale,
exchange, barter, or otherwise supply products for use in, or
shipment within or into, this state.
14530. "Distributor" means any person who imports or consigns a
fertilizing material or who offers for sale, sells, barters, or
othewise supplies this product for use in, or shipment within or
into, this state.
14531. "Experimental use" means any application of a fertilizing
material which is not offered for sale, has no commercial value, and
is for the sole purpose of obtaining scientific data.
14532. "Farm use" means that the fertilizing material is used
primarily for application to crops produced for commercial value.
14533. "Fertilizing material" means any commercial fertilizer,
agricultural mineral, auxiliary soil and plant substance, organic
input material, or packaged soil amendment.
14534. "Fish emulsion" means fertilizing material from which the
guaranteed nutrients are derived primarily from fish, which contains
a minimum of 40 percent total solids from fish, and which may contain
additional sources of nitrogen, available phosphoric acid, and
soluble potash for standardization purposes or stabilization
purposes, or for both purposes, that shall be included in the
required guaranteed analysis and derivation statement.
14535. "Grade" means the percentage of total nitrogen, available
phosphoric acid, and soluble potash stated in the same terms, order,
and percentage as the guaranteed analysis.
14536. "Guaranteed analysis" means the minimum percentage of
primary or secondary plant nutrients or micronutrients, or both,
claimed.
14537. (a) "Gypsum" means calcium sulfate dihydrate, a mineral used
in the fertilizer industry as a source of calcium and sulfur which
is also known as landplaster.
(b) "Phosphatic sulfate gypsum" means a by-product of calcium
dihydrate from the manufacture of phosphoric acid, also known as
phosphogypsum.
14538. "Hydroponics" means a system in which water soluble primary
or secondary plant nutrients or micronutrients, or combination
thereof, are placed in intimate contact with the plant's root system,
being grown in a water or an inert supportive medium which supplies
physical support for the roots but which does not add or subtract
primary or secondary plant nutrients or micronutrients, or both.
14539. "Investigational allowance" means an allowance for variation
inherent in the taking, preparation, and analysis of an official
sample of fertilizing materials.
14540. "Label" means the display of all written, printed, or
graphic matter on the immediate container of, or a statement,
including the guaranteed analysis, accompanying fertilizing material.
14541. "Label guarantor" means the manufacturer's or person's name
appearing on the label of a fertilizing material.
14542. "Labeling" means all written, printed, or graphic matter on,
accompanying, or used in promoting the sale of any fertilizing
material, including advertisements, brochures, posters, and
television and radio announcements.
14543. "Licensee" means a person who has obtained a license
pursuant to this chapter.
14544. "Manufacturer" means a person who produces, sells, or
distributes a fertilizing material in this state that bears their
company name on the label and is the guarantor.
14545. "Manure" means any substances composed primarily of animal
excrement, plant remains, or mixtures of those substances.
14546. "Micronutrients" means boron, chlorine, cobalt, copper,
iron, manganese, molybdenum, sodium, or zinc, alone or in any
combination.
14547. "Mixed fertilizer" is a commercial fertilizer containing any
combination or mixture of fertilizing materials.
14548. "Natural organic fertilizer" means materials derived from
either plant or animal products containing one or more nutrients
other than carbon, hydrogen, and oxygen, which are essential for
plant growth, which may be subjected to biological degradation
processes under normal conditions of aging, rainfall, sun-curing, air
drying, composting, rotting, enzymatic, or anaerobic/aerobic
bacterial action, or any combination of these, which shall not be
mixed with synthetic materials or changed in any physical or chemical
manner from their initial state except by physical manipulations
such as drying, cooking, chopping, grinding, shredding, or pelleting.
14549. "Noncommercial use" means materials used primarily for
application to lawns, shrubbery, flowers, trees, or where there is no
crop for commercial value or economic purpose, excluding golf
courses, cemeteries, and nurseries.
14550. "Official sample" means any sample of fertilizing material
taken by an agent of the department and designated as "official" by
the department.
14550.5. "Organic input material" means any bulk or packaged
commercial fertilizer, agricultural mineral, auxiliary soil and plant
substance, specialty fertilizer, or soil amendment, excluding
pesticides, that is to be used in organic crop and food production
and that complies with the requirements of the National Organic
Program standards, as specified in Part 205 (commencing with Section
205.1) of Subchapter M of Chapter I of Subtitle B of Title 7 of the
Code of Federal Regulations.
14551. "Packaged" means a fertilizing material distributed in
packaged form or in a container containing equal to or less than 50
kilograms or 110 pounds.
14552. "Packaged soil amendment" means any substance distributed
for the purpose of promoting plant growth or improving the quality of
crops by conditioning soils solely through physical means. It
includes all of the following:
(a) Hay.
(b) Straw.
(c) Peat moss.
(d) Leaf mold.
(e) Sand.
(f) Wood products.
(g) Any product or mixture of products intended for use as a
potting medium, planting mix, or soilless growing media.
(h) Manures sold without guarantees for plant nutrients.
(i) Any other substance or product which is intended for use
solely because of its physical properties.
14553. "Percent or percentage" means percentage by weight.
14554. "Person" means individual, partnership, association, firm,
limited liability company, or corporation who assumes responsibility
for the product.
14555. "Plant" means any business location where fertilizing
materials are manufactured, sold, or stored for later sale, except
storage of packaged materials on premises operated exclusively as a
public warehouse.
14556. "Primary plant nutrient" means nitrogen (N), available
phosphoric acid (P2O5), or soluble potash (K2O).
14557. "Provisional registration" means that under certain
circumstances, a label for renewal on an auxiliary soil and plant
substance, packaged agricultural mineral, packaged soil amendment,
organic input material, or specialty fertilizer, alone or in any
combination, may be registered for a limited period of time while
labels are being corrected and reprinted.
14558. "Registrant" means any person who has registered a packaged
agricultural mineral, auxiliary soil and plant substance, packaged
soil amendment, organic input material, or specialty fertilizer.
14559. "Secondary plant nutrient" means calcium, magnesium, or
sulfur, alone or in any combination.
14559.5. "Secretary" means the Secretary of Food and Agriculture.
14560. "Sewage sludge" means the solid material resulting from the
treatment of waste water of residential or municipal sewage systems.
14561. "Soil conditioners" means polyelectrolytes, such as complex
vinyl and acrylic compounds and certain cellulose and lignin
derivatives, which tend to agglomerate soil colloids and produce a
crumb structure in the soil and increase the permeability of the soil
to air and water and increase its resistance to crusting when it
dries out.
14562. "Soilless growing medium" means a medium of an inorganic
substance, such as sand or gravel, or in a soilless organic material
such as sphagnum peat or pine bark, and periodically watered with a
primary or secondary plant nutrient or micronutrient solution, or
both.
14563. "Specialty fertilizer" means packaged commercial fertilizer
labeled for home gardens, lawns, shrubbery, flowers, and other
similar noncommercial uses. These products may contain less than 5
percent nitrogen (N), available phosphoric acid (P2O5), or soluble
potash (K2 O), singly or collectively, detectable by chemical
methods.
14564. "Ton" means a net weight of 2,000 pounds avoirdupois.
