As used in this chapter, unless the context otherwise requires: 1. “Ammonium nitrate” means a compound that ischiefly 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. “Anhydrous ammonia plant” means a facilityused for the manufactureordistribution of 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 isoffered 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 fertilizeror 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. Ifthe physical facilities of the plant are subsequently expanded, the established date of operation for each expansion isdeemed 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 titleestablishing 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 2 5 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, 2 5 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 2 5 Soluble Potassium (K) or K O or both ............percent 2 (2) Registration and guarantee of water soluble phosphorus (P) or (P O ) shall be 2 5 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. 2 5 (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” means the displayof allwritten, printed, or graphicmatterupon theimmediate 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 isbased 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 titleto 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, and any other substance used in pest control. 28. “Plant amendment” means any substance applied to a plant seed which isintended to improve growth, yield, product quality, reproduction, flavor, orother favorable characteristics 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 ofenhancing 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”meansa microbial product that isapplied to colonize the soil tobenefit 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 inany manner other than dewatering. b. “Unmanipulated manures” includes unmanipulated animal manure or unmanipulated vegetable manure. Sectionamended
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