As used in this article 12, unless the context
otherwise requires:
(1) Availability means the immediate potential property of a plant nutrient
to be utilized by a plant and have agronomic value when used according to
directions.
(2) Bulk fertilizer, bulk soil conditioner, or bulk plant amendment means
a commercial fertilizer, soil conditioner, or plant amendment, respectively,
distributed in nonpackaged form or in a container containing more than one
hundred pounds.
(3) Commercial fertilizer means a fertilizer or other substance containing
one or more essential available plant nutrients that is distributed for its plant
nutrient content and is designed for use and has value in promoting plant growth.
Commercial fertilizer does not include untreated manures, compost and treated
manure distributed without commercial fertilizer labeling, soil conditioners, plant
amendments, and other products exempted by rule of the commissioner.
(4) Commission means the state agricultural commission.
(5) Commissioner means the commissioner of agriculture of Colorado or
the commissioner's authorized agent.
(6) Compost means a substance, derived from a process of biologically
degrading organic materials, that contains one or more essential available plant
nutrients and complies with the minimum standards specified by rule of the
commissioner that regulate compost.
(7) Custom mix means a commercial fertilizer, soil conditioner, or plant
amendment prepared expressly for, and according to specifications furnished by, a
customer prior to mixing.
(8) Department means the Colorado department of agriculture and
includes the state agricultural commission, the commissioner of agriculture, and all
employees and agents of the department.
(9) Distribute means to import, consign, sell, offer to sell, barter, or
otherwise supply a commercial fertilizer, soil conditioner, plant amendment,
compost, or manure, for use in or shipment to this state.
(10) Distributor means any person who distributes a commercial fertilizer,
soil conditioner, plant amendment, compost, or manure.
(11) Essential means necessary for the maintenance and growth of plants.
(12) Fertilizer means a substance or product that contains one or more
essential available plant nutrients.
(13) Grade means the percentage of total nitrogen, available phosphate,
and soluble potash in the same terms, order, and percentages as in the guaranteed
analysis.
(14) (a) Guaranteed analysis means the minimum percentage of plant
nutrients claimed in the following order and form:
Total Nitrogen (N) percent
Available Phosphate (P 2 O 5 ) percent
Soluble Potash (K 2 O) percent
(b) Guarantees for plant nutrients, other than nitrogen, phosphorus, and
potassium, may be permitted or required by rule of the commissioner. The
guarantees for these other nutrients shall be expressed in the form, availability, and
minimum quantity of the element set by rule. The sources of nutrients, salts,
chelates, and similar compounds are required to be stated on the application for
registration and may be included as a parenthetical statement on the label.
(c) Guaranteed analysis of a custom mix may appear as in paragraph (a) of
this subsection (14) or may include the net weight and guaranteed analysis of each
plant nutrient or fertilizer in the mix.
(15) Investigational allowance means an allowance for variations inherent
in the taking, preparation, and analysis of an official sample of commercial
fertilizer, soil conditioner, or plant amendment.
(16) Label means the display of all written, printed, or graphic matter on
the immediate container of, or a statement accompanying, a commercial fertilizer,
soil conditioner, plant amendment, compost, or manure.
(17) Labeling means all written, printed, graphic, or verbal information on,
accompanying, or used in promoting any commercial fertilizer, soil conditioner,
plant amendment, compost, or manure, including advertisements, brochures, and
posters and television, radio, and internet announcements.
(18) Manufacturing facility means any place where a commercial fertilizer,
soil conditioner, plant amendment, or compost is manufactured, produced,
compounded, mixed, blended, or in any way altered chemically or physically. Mobile
units shall be considered a part of the manufacturing facility where the units are
based.
(19) Manure means animal or vegetable manure and includes treated and
untreated manure.
(20) Official sample means any sample of commercial fertilizer, soil
conditioner, plant amendment, compost, or manure that is taken and designated as
official by the department.
(21) Packaged fertilizer, packaged soil conditioner, or packaged plant
amendment means a commercial fertilizer, soil conditioner, or plant amendment,
respectively, that is distributed in a closed container and contains one hundred
pounds or less of the commercial fertilizer, soil conditioner, or plant amendment.
(22) Percent or percentage means the percentage by weight.
(23) Plant amendment and soil conditioner guaranteed analysis means the
percentage of each of the ingredients.
(24) Plant amendments means any devices or substances applied to the
soil, plants, or seeds that are intended to improve germination, growth, yield,
product quality, reproduction, flavor, or other desirable characteristics of plants.
Plant amendments does not include commercial fertilizers, soil amendments,
untreated manures, pesticides, plant regulators, compost and treated manures that
are distributed without plant amendment labeling, or other materials exempted by
rules promulgated by the commissioner.
(25) Plant nutrients means those chemical or organic forms of nitrogen (N),
phosphorus (P 2 O 5 ), potassium (K 2 O), other secondary and micronutrients, calcium
(Ca), magnesium (Mg), sulfur (S), boron (B), copper (Cu), iron (Fe), manganese (Mn),
molybdenum (Mo), or zinc (Zn) that are absorbed by crops and are essential to the
plants.
(26) Product means a commercial fertilizer, plant amendment, or soil
conditioner in the form in which it is intended to be distributed. For the purposes of
this article, a product that differs from another product in the name of the product,
composition, labeling claims or directions for use, grade, or guaranteed analysis
shall be considered a separate product that requires its own registration.
(27) Registrant means a person who is registered or is required to be
registered to manufacture or distribute commercial fertilizers, soil conditioners,
plant amendments, or compost under the provisions of this article.
(28) Sewage sludge, sewage effluents, and biosolids means all materials
resulting from domestic wastewater treatment that contain concentrations of
organic or inorganic materials.
(29) Soil conditioner means a substance, defined by rule of the
commissioner, intended to improve the chemical or physical characteristics of the
soil that is sold, offered for sale, or intended for sale. It does not include
commercial fertilizers, plant amendments, untreated manures, compost and treated
manures that are distributed without soil conditioner labeling claims, or any other
materials that may be exempted by rule of the commissioner. Soil conditioners may
be sold in package or in bulk.
(30) Specialty fertilizer means a commercial fertilizer distributed primarily
for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses,
parks, and cemeteries.
(31) Ton means a net weight of two thousand pounds avoirdupois.
(32) Treated manures means substances composed primarily of excreta,
plant or animal material, sewage sludge, sewage effluents, and biosolids, or
mixtures of such substances that have been treated in any manner, including
mechanical drying, grinding, pelleting, or other means, or by adding other chemicals
or substances.
(33) Untreated manures means substances composed primarily of excreta,
plant remains, or mixtures of such substances that have not been treated in any
manner, including mechanical drying, grinding, pelleting, or other means, or by
adding other chemicals or substances.