As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [1979, c. 541, Pt. A, §54 (AMD).]
1. Agricultural lime.
[ 2007, c. 147, §1 (RP) .]
1-A. Biosolids. " Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids and septic tank sludge, also known as septage.
[ 2013, c. 204, §1 (NEW) .]
2. Brand. "Brand" means a term, design or trademark used in connection with one or several grades of commercial fertilizer.
3. Bulk fertilizers. "Bulk fertilizers" means commercial fertilizer distributed in a non-packaged form.
4. Commercial fertilizer. "Commercial fertilizer" means a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product or the accompanying delivery paperwork or invoice of a bulk fertilizer. It does not include unmanipulated animal and vegetable manures.
[ 2013, c. 204, §2 (RPR) .]
5. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry or his authorized agent.
[ 1979, c. 731, §19 (AMD); 2011, c. 657, Pt. W, §6 (REV) .]
6. Distribute; distributor. "Distribute" means to offer for sale, sell, barter or otherwise supply commercial fertilizers. The term "distributor" means any person who distributes.
7. Fertilizer material. "Fertilizer material" means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures.
8. Grade. "Grade" means any commercial fertilizer having a specific minimum percentage of plant nutrients that is the same as the guaranteed analysis, expressed in whole numbers.
[ 2009, c. 393, §2 (AMD) .]
9. Guaranteed analysis. "Guaranteed analysis":
A. "Guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form:[2015, c. 191, §1 (AMD).]
Total Nitrogen (N) ................ %
Available Phosphate (P2O5)......................... %
Soluble Potash (K2O) ............ %; and
B. "Guaranteed analysis" in paragraph A includes:
(1) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphorus or phosphoric acid and the degree of fineness. For bone, tankage and other organic phosphatic materials, total phosphorus or phosphoric acid; and
(2) Additional plant nutrients expressed as the elements, when permitted by the commissioner. [2007, c. 147, §2 (AMD).]
[ 2015, c. 191, §1 (AMD) .]
10. Mixed fertilizers. "Mixed fertilizers" means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth.
11. Official sample. "Official sample" means any sample of commercial fertilizer taken by the commissioner.
11-A. Packaged biosolids. "Packaged biosolids" means biosolids distributed in a sealed container provided by the distributor of the material.
[ 2013, c. 204, §3 (NEW) .]
12. Per cent or percentage. "Per cent" or "percentage" means the percentage by weight.
13. Person. "Person" includes individual, partnership, association, firm and corporation.
14. Registrant. "Registrant" means the person who registers commercial fertilizer under this subchapter.
15. Singular and plural. 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.
16. Ton. "Ton" means a net weight of 2,000 pounds avoirdupois.
17. Unpackaged biosolids. "Unpackaged biosolids" means biosolids distributed in a loose, unpackaged form in an unsealed container, including, but not limited to, a tote bag, tote tank, bin, tank, trailer, spreader truck, railcar and pickup truck bed or other container provided by the final user solely for transport of the material.
[ 2013, c. 204, §4 (NEW) .]
1979, c. 541, §A54 (AMD). 1979, c. 731, §19 (AMD). 2007, c. 147, §§1, 2 (AMD). 2009, c. 393, §2 (AMD). 2011, c. 657, Pt. W, §6 (REV). 2013, c. 204, §§1-4 (AMD). 2015, c. 191, §1 (AMD).