80-10-101. Definitions. As used in this chapter, the following definitions apply:
     (1) "Brand" means a term, design, or trademark used in connection with one or several grades of commercial fertilizer.
     (2) "Commercial fertilizer" includes 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, yield, or quality of the crop.
     (a) "Bulk fertilizer" is commercial fertilizer (dry or liquid) distributed in nonpackage form or in containers of greater than 1,000 pounds.
     (b) "Fertilizer materials" is a commercial fertilizer which either:
     (i) contains important quantities of not more than one of the primary plant nutrients (nitrogen, phosphoric acid, and potash);
     (ii) has approximately 85% of its plant nutrient content present in the form of a single chemical compound; or
     (iii) is derived from a plant or animal residue or byproduct or a natural material deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration.
     (c) "Mixed fertilizers" is a commercial fertilizer (dry or liquid) containing any combination or mixture of fertilizer materials.
     (d) "Packaged fertilizer" is commercial fertilizer (dry or liquid) distributed in sealed containers of 1,000 pounds or less.
     (e) "Specialty fertilizer" is a commercial fertilizer (dry or liquid) distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries and includes commercial fertilizers used for research or experimental purposes.
     (3) "Distribute" means to offer for sale, sell, barter, or otherwise supply commercial fertilizers.
     (4) "Distributor" means any person who distributes.
     (5) "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. However, fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units.
     (6) "Licensee" means any person who has obtained a license from the department so he may legally distribute commercial fertilizer other than specialty fertilizers or soil amendment in this state.
     (7) "Manipulated manures" means substances composed primarily of excreta, plant remains, or mixtures of such substances which have been processed in any manner, including the addition of plant nutrients, drying, grinding, and other means.
     (8) "Manufacture" means the formulation, mixing, blending, or further processing of commercial fertilizers or soil amendments.
     (9) "Manufacturer" is a person who manufactures commercial fertilizer or soil amendments.
     (10) "Official sample" means any sample of commercial fertilizer taken by the department and so designated by the department.
     (11) "Percent or percentage" means the percentage by weight.
     (12) "Person" means an individual, partnership, association, firm, or corporation.
     (13) "Registrant" means the person who registers commercial fertilizer and/or soil amendment.
     (14) "Soil amendment" means any material not included under commercial fertilizer or those products subject to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, which is added to soil or to plants for purposes of influencing the growth, yield, or quality of the crop, soil flora or fauna, or other soil characteristics.
     (15) "Ton" means a net weight of 2,000 pounds avoirdupois.

     History: En. 3-1714.2 by Sec. 1, Ch. 279, L. 1975; R.C.M. 1947, 3-1714.2; amd. Sec. 2, Ch. 197, L. 1985.