State Codes and Statutes
Statutes > Utah > Title-04 > Chapter-13 > 4-13-24-13-2. Definitions.
As used in this chapter:
(1) "Adulterated fertilizer" means any commercial fertilizer that contains an ingredientthat renders it injurious to beneficial plant life when applied in accordance with the directions onthe label, or contains crop or weed seed, or is inadequately labeled to protect plant life.
(2) "Brand" means any term, design, or trade mark used in connection with one orseveral grades of commercial fertilizer or soil amendment.
(3) "Commercial fertilizer" means any substance that contains one or more recognizedplant nutrients that is used for its plant nutrient content and is designed for use or claimed to havevalue in promoting plant growth, exclusive of unmanipulated animal and vegetable manures,marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule of thedepartment.
(4) "Distributor" means any person who:
(a) imports, consigns, manufactures, produces, compounds, mixes, or blends commercialfertilizer;
(b) imports, consigns, manufactures, produces, compounds, sizes, or blends a soilamendment; or
(c) offers for sale, sells, barters, or otherwise supplies commercial fertilizer or a soilamendment in this state.
(5) "Fertilizer material" means a commercial fertilizer that contains either:
(a) quantities of no more than one of the primary plant nutrients (nitrogen, phosphoricacid and potash);
(b) approximately 85% plant nutrients in the form of a single chemical compound; or
(c) plant or animal residues or by-products, or a natural material deposit that is processedso that its primary plant nutrients have not been materially changed, except through purificationand concentration.
(6) "Grade" means the percentage of total nitrogen, available phosphorus or phosphoricacid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order,and percentages as in the guaranteed analysis; provided, that specialty fertilizers may beguaranteed in fractional units of less than one percent of total nitrogen, available phosphorus orphosphoric acid, and soluble potassium or soluble potash and that fertilizer materials such asbone meal, manures, and similar raw materials may be guaranteed in fractional units.
(7) (a) "Guaranteed analysis" means the minimum percentage by weight of plantnutrients claimed in the following order and form:
Total nitrogen (N)
Available phosphoric acid (P0)
Soluble potash (K0)
(b) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, andother organic phosphate materials, it means the total phosphoric acid or degree of fineness.
(c) Potential basicity or acidity expressed in terms of calcium carbonate equivalent inmultiples of one hundred pounds per ton, when required by rule.
(d) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium maybe permitted or required by rule of the department.
(ii) The guarantees for such other nutrients shall be expressed in the form of the element.
(iii) The sources of such other nutrients, such as oxides, salt, chelates, may be required to
be stated on the application for registration and may be included as a parenthetical statement onthe label.
(iv) Other beneficial substances or compounds, determinable by laboratory methods, alsomay be guaranteed by permission of the department.
(v) Any plant nutrients or other substances or compounds guaranteed are subject toinspection and analysis in accord with the methods and rules prescribed by the department.
(8) "Investigational allowance" means an allowance for variations inherent in the taking,preparation, and analysis of an official sample of commercial fertilizer or soil amendment.
(9) "Label" means the display of all written, printed, or graphic matter upon theimmediate container or statement accompanying a commercial fertilizer or soil amendment.
(10) "Labeling" means all written, printed, or graphic matter upon or accompanying anycommercial fertilizer or soil amendment, or advertisements, brochures, posters, television andradio announcements used in promoting the sale of such commercial fertilizers or soilamendments.
(11) "Mixed fertilizer" means a commercial fertilizer containing any combination offertilizer materials.
(12) "Official sample" means any sample of commercial fertilizer or soil amendmenttaken by the department and designated as "official."
(13) "Percent" or "percentage" means the percentage by weight.
(14) "Registrant" means any person who registers a commercial fertilizer or a soilamendment under the provisions of this chapter.
(15) (a) "Soil amendment" means any substance that is intended to improve the physicalcharacteristics of soil.
(b) "Soil amendment" does not include any commercial fertilizer, agriculture limingmaterials, unmanipulated animal manure, unmanipulated vegetable manure, pesticides, or othermaterial exempt by rule of the department.
(16) "Specialty fertilizer" means any commercial fertilizer distributed primarily fornon-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks,cemeteries, greenhouses, and nurseries.
(17) "Ton" means a net weight of two thousand pounds avoirdupois.
Amended by Chapter 179, 2007 General Session
