§ 11-14-103 — Definitions

(a) As used in this act:
(i) "Brand" means a term, design or trademark used in
connection with one (1) or several grades of commercial
fertilizer;
(ii) "Bulk fertilizer" means a commercial fertilizer
distributed in a nonpackaged form;
(iii) "Commercial fertilizer" means any substance
containing one (1) or more recognized plant nutrients used for
its nutrient content and designed for use or claimed to have
value in promoting plant growth;
(iv) "Deficient" means the amount of nutrient found
by analysis less than that guaranteed which may result from a
lack of nutrient ingredients or from lack of uniformity;
(v) "Department" means the Wyoming department of
agriculture;
(vi) "Director" means the director of the department
of agriculture;
(vii) "Distributor" means any person who imports,
consigns, distributes, manufactures, produces, compounds,
formulates, mixes, blends or applies commercial fertilizer, soil
conditioner or soil amendment or who offers for sale, sells,
barters or otherwise supplies commercial fertilizers, soil
amendments or soil conditioners in this state. The distributor
may also be the registrant;
(viii) "Grade" means the percentage of total
nitrogen, available phosphorus or phosphate, and soluble
potassium or soluble potash stated in whole numbers in the same
terms, order and percentages as in the guaranteed analysis, and
fertilizer materials, bone meal, manures and similar raw
materials which may be guaranteed in fractional units;
(ix) "Guaranteed analysis" means the minimum
percentage of plant nutrients claimed in the following order and
form:
(A) Total nitrogen (N) percent
Available phosphate (P2O5) percent
Soluble potash (K2O) percent;
(B) For unacidulated mineral phosphatic
materials and basic slag, both total and available phosphate and
the degree of fineness, and for bone, tankage and other organic
phosphatic materials, total phosphate;
(C) Additional plant nutrients when mentioned or
claimed on the label, container or advertising material, shall
be registered and guaranteed, and guarantees shall be made on
the percentage elemental basis with sources of the elements
shown. 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 department;
(D) Potential basicity or acidity expressed in
terms of calcium carbonate equivalent in multiples of one
hundred (100) pounds per ton.
(x) "Investigational allowance" means an allowance
for variations inherent in the taking, preparation and analysis
of an official sample of fertilizer, soil conditioner or soil
amendment;
(xi) "Label" means the display of all written,
printed or graphic matter upon the container or statement
accompanying a commercial fertilizer, soil amendment or soil
conditioner;
(xii) "Labeling" means all written, printed or
graphic matter upon or accompanying any commercial fertilizer,
or advertisements, brochures, posters and television or radio
announcements used in promoting the sale of commercial
fertilizers, soil amendments or soil conditioners;
(xiii) "Mixed fertilizer" means a commercial
fertilizer containing any combination or mixture of fertilizer
materials;
(xiv) "Official sample" means any sample of
fertilizer, soil conditioner or soil amendment taken by the
director;
(xv) "Percent" or "percentage" means the percentage
by weight;
(xvi) "Person" means any individual, partnership,
association, corporation, or organized group of persons whether
incorporated or not;
(xvii) "Primary nutrient" means the plant nutrients
nitrogen (N), available phosphate (P2O5) or soluble potash
(K2O);
(xviii) "Registrant" means the person who registers
commercial fertilizers, soil amendments or soil conditioners
under the provisions of this act. The registrant may also be
the distributor;
(xix) "Sell" or "sale" means exchange of ownership or
transfer of custody;
(xx) "Soil amendment" or "soil conditioner" means any
material which improves the physical or chemical soil
characteristics and is manufactured and sold for such purposes
but which is not added for its plant food content;
(xxi) "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;
(xxii) "Ton" means a net weight of two thousand
(2,000) pounds avoirdupois;
(xxiii) "Organic fertilizer" means a material
containing carbon and one (1) or more elements other than
hydrogen and oxygen essential for plant growth, and allowed for
use under the Organic Foods Production Act of 1990, as
promulgated by the United States department of agriculture
"National List of Allowed and Prohibited Substances" rule;
(xxiv) "Secondary or micro plant nutrients" means
nutrients other than the primary nutrients that are essential
for the normal growth of plants and that may need to be added to
the growth medium. Secondary plant nutrients shall include
calcium, magnesium and sulfur. Micro plant nutrients shall
include boron, chlorine, cobalt, copper, iron, manganese,
molybdenum, nickel, sodium and zinc;
(xxv) "This act" means W.S. 11-14-101 through