As used in this chapter, unless the context otherwise requires:
1. “Ammonium nitrate” means a compound that is chiefly composed of ammonium salt of
nitric acid which contains not less than thirty-three percent nitrogen, one-half of which is in
the ammonium form and one-half in the nitrate form.
2. “Anhydrous ammonia” means the compound formed by the combination of two
gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three
parts hydrogen by volume.
3. “Anhydrousammoniaplant”meansafacilityusedforthemanufactureordistributionof
the compound formed by the combination of two gaseous elements, nitrogen and hydrogen,
in the proportion of one part nitrogen to three parts hydrogen by volume.
4. a. “Beneficial substance” means any substance or compound, other than primary,
secondary, and microplant nutrients, that can be demonstrated by scientific research to be
beneficial to one or more species of plants, soils, or media, including any of the following:
(1) A plant amendment.
(2) A plant biostimulant.
(3) A plant inoculant.
(4) A soil-amending ingredient.
(5) A soil-amending ingredient form.
(6) A soil amendment.
(7) A soil inoculant.
(8) Compost.
b. “Beneficial substance” does not include a pesticide.
5. “Brand” means a term, design, trademark, product name, or other specific designation
under which a individual beneficial substance or commercial fertilizer is offered for sale.
6. “Bulk” means in a nonpackaged form to which a label cannot be attached.
7. “Commercial fertilizer” includes fertilizer and fertilizer materials and
fertilizer-pesticide mixtures.
8. “Compost” means a product manufactured through the controlled aerobic, biological
decomposition of a biodegradable material if the product has undergone mesophilic and
thermophilic temperatures that significantly reduce the viability of pathogens and weed
seeds and stabilize carbon to the extent that the product is beneficial to plant growth.
9. “Department” means the department of agriculture and land stewardship.
10. “Distribute” means to import, consign, manufacture, produce, compound, mix,
blend, or offer for sale, sell, barter, or otherwise supply a commercial fertilizer or beneficial
substance in this state.
11. “Distributor” means any person who imports, consigns, manufactures, produces,
compounds, mixes, blends, or who offers for sale, sells, barters, or otherwise distributes, a
commercial fertilizer or beneficial substance in this state.
12. a. “Established date of operation” means the date on which an anhydrous ammonia
plant commenced operating.
b. If the physical facilities of the plant are subsequently expanded, the established date of
operation for each expansion is deemed to be a separate and independent “established date
of operation” established as of the date of commencement of the expanded operations.
c. The commencement of expanded operations does not divest the plant of a previously
established date of operation.
13. “Established date of ownership” means the date of the recording of an appropriate
instrument of title establishing the ownership of real estate.
14. “Fertilizer” means any substance containing one or more recognized plant nutrients
used for plant nutrient content and designed for use and claimed to have value in promoting
plant growth except unmanipulated animal and vegetable manures or calcium and
magnesium carbonate materials used primarily for correcting soil acidity.
15. “Fertilizer material” means any substance used as a fertilizer or for compounding
a fertilizer containing one or more of the recognized plant nutrients which are used for
promoting plant growth or altering plant composition.
16. “Grade” means the percentages of total nitrogen, available phosphorus or P O or
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both, and soluble potassium or K O or both stated in whole numbers in same terms, order,
2
and percentages as in the guaranteed analysis.
17. a. (1) “Guaranteed analysis” means the minimum percentage of plant nutrients
claimed and reported as Total Nitrogen (N), Available Phosphorus (P) or P O or both,
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Soluble Potassium (K) or K O or both and in the following form:
2
Total Nitrogen (N) ............ percent
Available Phosphorus (P) or P O or both ............ percent
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Soluble Potassium (K) or K O or both ............ percent
2
(2) Registration and guarantee of water soluble phosphorus (P) or (P O ) shall be
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permitted.
b. “Guaranteed analysis”, in the form specified in paragraph “a”, includes all of the
following:
(1) (a) For unacidulated mineral phosphatic materials and basic slag, both total and
available phosphorus or P O or both and the degree of fineness.
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(b) For bone tankage and other organic phosphatic materials, total phosphorus or P O
2 5
or both.
(2) When any additional plant nutrient elements contained in a beneficial substance are
claimed in writing, they shall be identified in the guarantee, expressed as the element, and
shall be subject to inspection and analysis in accordance with the methods and regulations
that may be prescribed by the association of official agricultural chemists.
18. “Label”meansthedisplayofallwritten,printed,orgraphicmatterupontheimmediate
container or statement accompanying a commercial fertilizer or beneficial substance.
19. “Labeling” means the advertising or promotion of any commercial fertilizer or
beneficial substance including but not limited to any written, printed, graphic, or electronic
communication used in promoting the sale of a commercial fertilizer or beneficial substance.
20. “Licensee” means a person licensed under section 200.4.
21. “Nuisance” means public or private nuisance as defined by statute or by the common
law.
22. “Nuisance action or proceeding” means an action, claim or proceeding brought at law,
in equity, or as an administrative proceeding, which is based on nuisance.
23. “Official sample” means any sample of commercial fertilizer taken by the secretary or
the secretary’s agent.
24. “Owner” means the person holding record title to real estate, and includes both legal
and equitable interest under recorded real estate contracts.
25. “Percent” or “percentage” means the percentage by weight.
26. “Person” includes an individual, or a type of partnership, limited liability company,
corporation, or association, formed or organized to do business in this state or authorized to
do or transact business in this state.
27. “Pesticide”includesinsecticides,miticides,nemacides,fungicides,herbicides,andany
other substance used in pest control.
28. “Plant amendment” means any substance applied to a plant seed which is intended to
improvegrowth,yield,productquality,reproduction,flavor,orotherfavorablecharacteristics
of a plant except a fertilizer, soil amendment, agricultural liming material, animal manure,
vegetable manure, pesticide, plant regulator, or other material which may be exempted by
regulation.
29. “Plant biostimulant” means a substance, microorganism, or mixture thereof, that,
when applied to a seed, plant, the rhizosphere, soil, or other growth media, acts to support
a plant’s natural nutrition processes independently of the biostimulant’s nutrient content
and improves nutrient availability, uptake, or use efficiency, tolerance to abiotic stress, and
consequent growth, development, quality, or yield.
30. “Plant inoculant” means a product consisting of microorganisms to be applied to the
plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through
the root system.
31. “Secretary” means the secretary of agriculture.
32. “Sell” or “sale” includes exchange.
33. “Soil amendment” means any substance or a mixture of substances which is
intended to improve the physical, chemical, biochemical, biological, or other characteristic
of the soil, except a fertilizer, agricultural liming material, unmanipulated animal manure,
unmanipulated vegetable manure, pesticide, or any other material exempted by regulation.
34. “Soilinoculant”meansamicrobialproductthatisappliedtocolonizethesoiltobenefit
the soil chemistry, biology, or structure.
35. “Soil-amending ingredient” means any substance which when applied to soil will
improve the physical, chemical, biochemical, biological, or other characteristics of the soil.
36. “Soil-amending ingredient form” means the chemical compound, such as salt, chelate,
oxide, or acid, of an ingredient or the physical form of an ingredient.
37. “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, and may include commercial fertilizers used for
research or experimental purposes.
38. “Ton” means a net weight of two thousand pounds avoirdupois.
39. a. “Unmanipulated manures” means any substances composed primarily of excreta,
plant remains, or mixtures of such substances which have not been processed in any manner
other than dewatering.
b. “Unmanipulated manures” includes unmanipulated animal manure or unmanipulated
vegetable manure.