§ 2-7-3. Definitions.
When used in this chapter:
(1) "Brand� means a term, design, or trademark used in connection with one or several
grades of commercial fertilizer.
(2) "Bulk fertilizer� means a commercial fertilizer distributed in non-package form.
(3) "Commercial fertilizer� means any substance containing one or more recognized plant
nutrient(s) that is used for its plant nutrient content and that is designed for use
or claimed to have value in promoting plant growth, except unmanipulated animal and
vegetable manures, marl, lime, limestone, wood ashes and gypsum, and other products
exempted by regulation of the director.
(4) "Director� means director of the department of environmental management or his or
her authorized agent.
(5) "Distributor� means any person who imports, consigns, manufactures, produces, compounds,
mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or
otherwise supplies commercial fertilizer in this state.
(6) "Fertilizer material� means a commercial fertilizer that either:
(i) Contains important quantities of no more than one of the primary plant nutrients (nitrogen,
phosphoric acid, and potash); or
(ii) Has approximately eighty-five percent (85%) of its plant nutrient content present
in the forms of a single chemical compound; or
(iii) Is derived from a plant or animal residue or by-product or a natural, material deposit
that has been processed in a way that its content or primary plant nutrients has not
been materially changed except by purification and concentration.
(7) "Grade� means the percentage 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. Specialty fertilizers
may be guaranteed in fractional units of less than one percent (1%) of total nitrogen,
available phosphorus or phosphoric acid, and soluble potassium or soluble potash;
provided, that fertilizer materials, bone meal, manures, and similar raw materials
may be guaranteed in fractional units.
(8) "Guaranteed analysis� means:
(i) Until the director prescribes the alternative form of guaranteed analysis in accordance
with the provisions of subdivision (7)(ii) of this section, the term "guaranteed analysis�
shall mean the minimum percentage of plant nutrients claimed in the following order
and form:
(A) Total Nitrogen (N)......................................... percent
Available Phosphoric Acid (P2O5)......................................... percent
Soluble Potash (K2O)......................................... percent
(B) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and other
organic phosphate materials, the total phosphoric acid and/or degree or fineness may
also be guaranteed.
(C) Guarantees for plant nutrients, other than nitrogen, phosphorus, and potassium, may
be permitted or required by regulation of the director. The guarantees for these other
nutrients shall be expressed in the form of the element. The sources of these other
nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application
for registration and may be included as a parenthetical statement on the label. Other
beneficial substances or compounds, determinable by laboratory methods, also may be
guaranteed by permission of the director, and with the advice of the dean of the College
of the Environment and Life Sciences at the University of Rhode Island. When any plant
nutrients or other substances or compounds are guaranteed, they shall be subject to
inspection and analysis in accord with the methods and regulations prescribed by the
director.
(D) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in
multiples of one hundred (100) pounds per ton, when required by regulation.
(ii) When the director finds, after a public hearing following due notice, that the requirement
for expressing the guaranteed analysis of phosphorus and potassium in elemental form
would not impose an economic hardship on distributors and users of fertilizer by reason
of conflicting labeling requirements among the states, the director may require, by
regulation, that the "guaranteed analysis� shall be in the following form:
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Total Nitrogen (N)......................................... percent |
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Available Phosphorus (P)......................................... percent |
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Soluble Potassium (K)......................................... percent |
Provided, however, that the effective date of the regulation shall be not less than
six (6) months following the issuance of this regulation and provided further, that
for a period of two (2) years following the effective date of the regulation, the
equivalent of phosphorus and potassium may also be shown in the form of phosphoric
acid and potash; provided, however, that after the effective date of a regulation
issued under the provisions of this section, requiring that phosphorus and potassium
shall constitute the grade.
(9) "Investigational allowance� means an allowance for variations inherent in the taking,
preparation and analysis of an official sample of commercial fertilizer.
(10) "Label� means the display of all written, printed, or graphic matter upon the immediate
container or statement accompanying a commercial fertilizer.
(11) "Labeling� means all written, printed, or graphic matter, upon or accompanying any
commercial fertilizer, or advertisements, brochures, posters, television, and radio
announcements used in promoting the sale of commercial fertilizers.
(12) "Mixed fertilizer� means a commercial fertilizer containing any combination or mixture
of fertilizer materials.
(13) "Official sample� means any sample of commercial fertilizer taken by the director
or his or her agent and designated as "official� by the director.
(14) "Percent� or "percentage� means the percentage by weight.
(15) "Person� includes individual, partnership, association, firm, and corporation.
(16) "Registrant� means the person who registers commercial fertilizer under the provisions
of this chapter.
(17) "Specialty fertilizer� means a commercial fertilizer distributed primarily for non-farm
use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks,
cemeteries, greenhouses, and nurseries.
(18) "Ton� means a net weight of two thousand (2,000) pounds avoirdupois.