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This entry was published on 2019-01-18
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SECTION 143
Definitions
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 10
§ 143. Definitions. When used in this article, unless otherwise
expressly stated:

a. The term "commercial fertilizer" shall mean any substances
containing one or more recognized plant nutrients which is used for its
plant nutrient content, and which is designed for use or claimed to have
value in promoting plant growth, except unmanipulated animal and
vegetable manures, agricultural liming material, wood ashes, gypsum and
other products exempted by regulation of the commissioner.

b. The term "specialty fertilizer" shall mean a commercial fertilizer
distributed primarily for non-farm use, as the commissioner may define
by regulation.

c. The term "bulk fertilizer" shall mean a commercial fertilizer
distributed in a non-packaged form.

d. The term "brand" shall mean a term, name, design, or trademark used
in connection with one or several grades of commercial fertilizer.

e. The term "guaranteed analysis" shall mean a statement of the
minimum percentage of plant nutrients claimed expressed in the order and
form provided in section one hundred forty-four hereof.

f. The term "custom mix" means a mixture of fertilizer ingredients
blended or manufactured to a particular customer's specifications and
for his personal use and not offered for resale.

g. The term "grade" shall mean the percentages of total nitrogen,
available phosphoric acid and soluble potash stated in the order and
form required in the guaranteed analysis.

h. The term "official sample" means any sample of commercial
fertilizer taken by the commissioner or his agent in accordance with
section one hundred forty-six-a hereof and designated as "official" by
the commissioner.

i. The term "ton" means a net weight of two thousand pounds
avoirdupois.

j. The term "per cent" or "percentage" means the percentage by weight.

k. The term "distribute" means to offer for sale, sell, barter,
exchange or otherwise supply commercial fertilizers. The term
"distributor" means any person who distributes and includes, but is not
limited to, manufacturing plants, blending plants and bulk storage
facilities.

l. The term "person" includes individual, partnership, association,
firm or corporation.

m. The term "licensee" shall mean a person whose license, pursuant to
section one hundred forty-six hereof, has been issued by the
commissioner and is still in effect.

n. Words importing the singular number may extend and be applied to
several persons or things and words importing the plural number may
include the singular.

o. The term "fertilizer material" is a commercial fertilizer which
either:

1. Contains important quantities of no more than one of the primary
plant nutrients (nitrogen, phosphoric acid and potash), or

2. Has approximately eighty-five per cent of its plant nutrient
content present in the form of a single chemical compound, or

3. Is derived from a plant or animal residue or by-product or a
natural material deposit which has been processed in such a way that its
content of primary plant nutrients has not been materially changed
except by purification and concentration.

p. The term "mixed fertilizer" is a commercial fertilizer containing
any combination or mixture of fertilizer materials.

q. The term "label" means the display of all written, printed or
graphic matter upon the immediate container or statement accompanying a
commercial fertilizer.

r. The term "labelling" 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 such commercial fertilizers.

s. The term "commissioner" means the commissioner of agriculture and
markets.

t. The term "agricultural and food analytical standards association"
shall mean an independent, third-party, not-for-profit association that
develops voluntary, globally accepted, consensus analytical standards
and methods for ensuring quality measurements to address the purity and
safety of agricultural materials and food and promotes global trade and
public health and shall be further defined in regulations by the
commissioner.