State Codes and Statutes
Statutes > Connecticut > Title22 > Chap427a > Sec22-111bSec. 22-111b. Definitions. When used in this chapter:
(a) "Commercial 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, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum;
(b) "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;
(c) "Bulk fertilizer" means a commercial fertilizer distributed in a nonpackaged form;
(d) "Brand" means a term, design or trademark used in connection with one or several grades of commercial fertilizer;
(e) (1) Until July 1, 1967, and thereafter until the Commissioner of Agriculture prescribes the alternative form in accordance with the provisions of subdivision (2) hereof, "guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form:
(A) Total Nitrogen (N) . . . . . . . . . . . . . . . . . . . . . . . . per cent
Available Phosphoric Acid (P2O5) . . . . . . . . . . . . . . . . per cent
Soluble Potash (K2O) . . . . . . . . . . . . . . . . . . . . . . . . . per cent;
(B) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage and other organic phosphatic materials, total phosphoric acid;
(C) Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients, such as oxides, salt, chelates, etc., may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other important beneficial or harmful substances or compounds, determinable by laboratory methods also may be guaranteed by provision of the director and commissioner, acting jointly. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the director.
(2) At any time after July 1, 1967, when the commissioner finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, he may require by regulation thereafter that the guaranteed analysis shall be in the following form:
Total Nitrogen (N) . . . . . . . . . . . . . . . . . . . . . . . . . . . . per cent
Available Phosphoric Acid (P) . . . . . . . . . . . . . . . . . . . per cent
Soluble Potash (K) . . . . . . . . . . . . . . . . . . . . . . . . . . . . per cent
provided the effective date of such regulation shall be not less than six months following the issuance thereof, and provided, for a period of two years following the effective date of such regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash; provided, after the effective date of a regulation issued under the provisions of this section, requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus and potassium shall constitute the grade;
(f) "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;
(g) "Official sample" means any sample of commercial fertilizer taken by the commissioner or his agent and designated as official by the commissioner;
(h) "Ton" means a net weight of two thousand pounds avoirdupois;
(i) "Per cent" or "percentage" means the percentage by weight;
(j) "Person" includes individual, partnership, association, firm, limited liability company and corporation;
(k) "Distributor" means any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer, or who offers for sale, barters or otherwise supplies commercial fertilizer in this state;
(l) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter;
(m) "Director" means the director of the Connecticut Agricultural Experiment Station;
(n) "Commissioner" means the Commissioner of Agriculture.
(February, 1965, P.A. 198, S. 2; P.A. 73-278, S. 1, 21; P.A. 95-79, S. 84, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 73-278 replaced "director" with "commissioner of agriculture" or "commissioner" and in Subdiv. (e)(1)(C) required guarantee of substances or compounds by both commissioner and director, rather than by director alone and included guarantees of harmful substances as well as of beneficial ones and added Subdiv. (n) defining "commissioner" as commissioner of agriculture; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See chapter 54 re uniform administrative procedure.
