The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agricultural operation."The management and use of farming resources for the production of crops, livestock or poultry.
"Brand."A term, design or trademark used in connection with one or several grades of fertilizer.
"Bulk fertilizer."A fertilizer distributed in a nonpackaged form.
"By-product."Municipal waste or residual waste as defined in the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, that contains a plant nutrient and meets all applicable regulations of the Department of Environmental Protection.
"Compost."Product manufactured from the controlled aerobic biological decomposition of biodegradable materials that have been sanitized through the generation of mesophilic and thermophilic heat cycles and have stabilized carbon to the point that the materials are beneficial to plant growth.
"Consumer."A person who purchases fertilizer for its end use.
"Deficiency."The amount of nutrient found by analysis to be less than that guaranteed, that may result from a lack of nutrient ingredients or uniformity.
"Department."The Department of Agriculture of the Commonwealth.
"Distribute."To import, consign, offer for sale, sell, barter or otherwise supply fertilizer in this Commonwealth.
"Distributor."A person that distributes fertilizer or fertilizer material.
"Enhanced efficiency."Relating to a fertilizer with characteristics that allow increased plant nutrient uptake and reduced potential of nutrient losses to the environment, such as gaseous losses, leaching or runoff.
"Facility."Each separate mill or plant that manufactures fertilizer.
"Fertilizer."A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal manure and plant remains, spent mushroom substrate and compost when not used as a plant nutrient, agricultural liming materials, wood ashes and other materials exempted by the department's regulations. The term shall not apply to animal manure that is regulated under:
(1) Chapter 5 (relating to nutrient management and odor management);
(2) the act of June 28, 2004 (P.L.454, No.49), known as the Commercial Manure Hauler and Broker Certification Act; or
(3) 25 Pa. Code § 91.36(b) (relating to pollution control and prevention at agricultural operations).
"Fertilizer license."A license obtained under section 6802 (relating to licensing).
"Fertilizer material."A fertilizer that:
(1) contains only one of the following primary plant nutrients:
(i) nitrogen;
(ii) phosphate; or
(iii) potash;
(2) has at least 85% of its plant nutrient content present in the form of a single chemical compound; or
(3) is derived from a plant or animal residue, by-product, coproduct as defined in 25 Pa. Code § 287.1 (relating to definitions) or natural material deposit that has been processed in a way that the fertilizer's content of plant nutrients has not been materially changed except by purification and concentration.
"Grade."The percentage of total nitrogen, available phosphate and soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis, except that, with respect to specialty fertilizers, fertilizer materials, bone meal, manures and similar materials may be stated in fractional units.
"Growing media."Material in which plants are grown, such as garden soil, potting soil or commercial soil-less mixes.
"Guaranteed analysis."The minimum percentage of plant nutrients claimed in the following order and form:
Total Nitrogen (N) %
Available Phosphate (P2O5) %
Soluble Potash (K2O) %
For other organic phosphatic materials, the total phosphate or degree of fineness may also be guaranteed. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be established by department regulation.
"Guarantor."A person, including a manufacturer or distributor, whose name and address appear on the label of fertilizer.
"Impervious surface."A structure, surface or improvement that reduces or prevents infiltration of water into soil, including, but not limited to, concrete, asphalt, roadways, sidewalks, parking lots, driveways and patios.
"Label."The display of all written, printed or graphic matter on the immediate container or a statement accompanying a fertilizer.
"Labeling."All written, printed or graphic matter, on or accompanying fertilizer or advertisements, brochures, posters or electronic media used in promoting the distribution of fertilizer.
"Local agency."A governmental unit other than the Commonwealth. The term shall include, but not be limited to, a county, city, borough, town, township, school district or municipal authority.
"Manipulated."Processed or treated in any manner, including drying to a moisture content of less than 30%.
"Manufacture."To produce, mix, blend, repackage or further process fertilizer or fertilizer material for distribution.
"Manure."Animal excrement, with or without the bedding, litter, straw, washwater and other refuse materials, dirt and waste ordinarily mixed or commingled with that excrement, that is produced at an agricultural operation.
"Micronutrient."Any of the following:
(1) Boron.
(2) Chlorine.
(3) Cobalt.
(4) Copper.
(5) Iron.
(6) Manganese.
(7) Molybdenum.
(8) Nickel.
(9) Sodium.
(10) Zinc.
"Natural organic fertilizer."Materials that are:
(1) Derived from either plant or animal products containing one or more elements, other than carbon, hydrogen and oxygen.
(2) Essential for plant growth and subjected to biological degradation processes under normal conditions of aging, rainfall, sun curing, air drying, composting, rotting, enzymatic or anaerobic or aerobic bacterial action or any combination of these processes.
(3) Not mixed with synthetic materials or changed in any physical or chemical manner from their initial state except when manipulated by methods such as drying, cooking, chopping, grinding, shredding, hydrolysis or pelleting.
"Net weight."The total weight of fertilizer as offered for sale, excluding the weight of the container.
"Official sample."A sample of fertilizer collected or obtained by the department or its agent to effectuate the provisions of this chapter and designated as official.
"Organic-based fertilizer."A mixed fertilizer in which:
(1) More than half of the fertilizer materials are organic.
(2) More than half of the sum of the guaranteed primary nutrient percentages are derived from organic materials.
"Overall index value."The value obtained from the calculation: (commercial value found) x 100 / (commercial value guaranteed).
"Percentage."A percentage by weight.
"Person."An individual, a partnership, an association, a firm, a corporation or another legal entity.
"Pesticide applicator."(Deleted by amendment).
"Plant nutrient."Any of the following:
(1) A primary nutrient.
(2) A secondary nutrient.
(3) A micronutrient.
"Primary nutrient."Any of the following:
(1) Nitrogen.
(2) Phosphorus.
(3) Potassium.
"Registrant."A person who registers fertilizer under this chapter.
"Repackage."The placement of fertilizer into a container or bulk bin other than what is supplied by the guarantor.
"Sanitized."A process to significantly reduce viability of pathogens and weed seeds.
"Secondary nutrient."Any of the following:
(1) Calcium.
(2) Magnesium.
(3) Sulfur.
"Specialty fertilizer."A fertilizer:
(1) distributed for use not associated with an agricultural operation; or
(2) primarily intended to supply plant nutrients other than nitrogen, phosphate or potash.
"Stream buffer zone."A permanent strip of dense perennial vegetation established parallel and immediately adjacent to the bank of a pond, wetland or flowing body of water, such as a stream, river or creek, that is used to slow water runoff, enhance water infiltration and minimize the risk of potential nutrients reaching the waters.
"Tolerance."A permitted variation from the guarantee of an official sample of fertilizer.
"Ton."A net weight of 2,000 pounds.
"Turf."Land, including, but not limited to, residential property, a golf course and privately or publicly owned land, that is planted in closely mowed, managed grass, except for land used for an agricultural operation.