(a) In this subtitle the following words have the meanings indicated.
(b) A commercial fertilizer is “adulterated” if:
(1) Any poisonous, deleterious, or nonnutritive ingredient is added in sufficient amount to render it injurious to the health of plants, humans, or animal life or injurious to the environment;
(2) A valuable constituent is omitted or abstracted wholly or partially from it or any less valuable substance is substituted for it; or
(3) Its composition or quality falls below or differs from that which it is purported or is represented to contain by its labeling.
(c) “Brand” means the term, design, trademark, or other specific designation under which a commercial fertilizer or soil conditioner is distributed in the State.
(d) “Bulk fertilizer” means any commercial fertilizer distributed in a nonpackaged form.
(e) “Buyer’s mixture” means commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by him.
(f) “Commercial fertilizer” means any substance containing a recognized plant nutrient used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum.
(g) “Custom–mix” means commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by him.
(h) “Distribute” means to import, manufacture, produce, compound, mix, blend, barter, sell, offer for sale, consign, furnish, provide, or otherwise supply commercial fertilizer or soil conditioners as part of a commercial enterprise.
(i) “Enhanced efficiency fertilizer” means a fertilizer product that increases plant uptake and decreases the potential of nutrient loss to the environment, including gaseous loss, leaching, or runoff, when compared to an appropriate reference fertilizer product.
(j) “Fertilizer material” means a commercial fertilizer containing a recognized plant nutrient, which is used primarily for its plant nutrient content.
(k) “Grade” means the percentage of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) stated in whole numbers in the same terms, order, and percentages as in the “guaranteed analysis”. In the case of any “specialty fertilizer” or “mixed–to–order fertilizer” guarantees may be stated in decimal fractions of whole numbers.
(l) “Guaranteed analysis” means the nominal percentage of plant nutrient claimed as follows:
(1) Total nitrogen (N), available phosphate (P2O5), soluble potash (K2O);
(2) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphate and the degree of fineness;
(3) For bone, tankage, and other organic phosphatic materials, total phosphate;
(4) Additional plant nutrients, when claimed, shall be expressed in elemental form; and
(5) Potential basicity or acidity may be expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton.
(m) “Gypsum” means any product that consists chiefly of calcium sulfate intended for use for agricultural purposes.
(n) “Label” means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a commercial fertilizer or soil conditioner.
(o) “Labeling” means all written, printed, or graphic matter on or accompanying any commercial fertilizer or soil conditioner, or the contents of any advertisement, brochure, poster or television or radio announcement used in promoting the sale of a commercial fertilizer or soil conditioner.
(p) “Lot” means a definite quantity of commercial fertilizer or soil conditioner, identified by name, grade, or code designation as certified by the Secretary.
(q) “Low phosphorous fertilizer” means fertilizer:
(1) Containing not more than 5% of available phosphate (P2O5); and