2013 Maryland Code
AGRICULTURE
§ 6-201 - Definitions

§6-201.

(a) In this subtitle the following words have the meanings indicated.

(b) A commercial fertilizer is “adulterated” if:

(1) Any poisonous, deleterious, or nonnutritive ingredient is added in sufficient amount to render it injurious to the health of plants, humans, or animal life or injurious to the environment;

(2) A valuable constituent is omitted or abstracted wholly or partially from it or any less valuable substance is substituted for it; or

(3) Its composition or quality falls below or differs from that which it is purported or is represented to contain by its labeling.

(c) “Brand” means the term, design, trademark, or other specific designation under which a commercial fertilizer or soil conditioner is distributed in the State.

(d) “Bulk fertilizer” means any commercial fertilizer distributed in a nonpackaged form.

(e) “Buyer’s mixture” means commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by him.

(f) “Commercial fertilizer” means any substance containing a recognized plant nutrient used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum.

(g) “Custom-mix” means commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by him.

(h) “Distribute” means to import, manufacture, produce, compound, mix, blend, barter, sell, offer for sale, consign, furnish, provide, or otherwise supply commercial fertilizer or soil conditioners as part of a commercial enterprise.

(i) “Enhanced efficiency fertilizer” means a fertilizer product that increases plant uptake and decreases the potential of nutrient loss to the environment, including gaseous loss, leaching, or runoff, when compared to an appropriate reference fertilizer product.

(j) “Fertilizer material” means a commercial fertilizer containing a recognized plant nutrient, which is used primarily for its plant nutrient content.

(k) “Grade” means the percentage of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) stated in whole numbers in the same terms, order, and percentages as in the “guaranteed analysis”. In the case of any “specialty fertilizer” or “mixed-to-order fertilizer” guarantees may be stated in decimal fractions of whole numbers.

(l) “Guaranteed analysis” means the minimum percentage of plant nutrient claimed as follows:

(1) Total nitrogen (N), available phosphate (P2O5), soluble potash (K2O);

(2) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphate and the degree of fineness;

(3) For bone, tankage, and other organic phosphatic materials, total phosphate;

(4) Additional plant nutrients, when claimed, shall be expressed in elemental form; and

(5) Potential basicity or acidity may be expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton.

(m) “Gypsum” means any product that consists chiefly of calcium sulfate intended for use for agricultural purposes.

(n) “Label” means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a commercial fertilizer or soil conditioner.

(o) “Labeling” means all written, printed, or graphic matter on or accompanying any commercial fertilizer or soil conditioner, or the contents of any advertisement, brochure, poster or television or radio announcement used in promoting the sale of a commercial fertilizer or soil conditioner.

(p) “Lot” means a definite quantity of commercial fertilizer or soil conditioner, identified by name, grade, or code designation as certified by the Secretary.

(q) “Low phosphorous fertilizer” means fertilizer:

(1) Containing not more than 5% of available phosphate (P2O5); and

(2) That has an application rate not to exceed 0.25 pound of available phosphate (P2O5)/1,000 square feet/application and 0.5 pound of available phosphate (P2O5)/1,000 square feet/year.

(r) A commercial fertilizer or soil conditioner is “misbranded”, if:

(1) Its labeling is false or misleading in any particular;

(2) It is distributed under the name of another product;

(3) It is not labeled as required in § 6-210 of this subtitle and in rules and regulations prescribed under this subtitle;

(4) A fertilizer purports to be or is represented as a commercial fertilizer or if it purports to contain or is represented as containing a fertilizer material, unless the fertilizer material conforms to any definition of identity, prescribed by departmental rules and regulations which give due regard to commonly accepted definitions, such as those issued by the Association of American Plant Food Control Officials, Inc.; or

(5) Any word, statement, or other information, required to appear on the label or labeling, is not placed on it prominently and conspicuously as compared with other words, statements, designs, or devices in the labeling, and it is not in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(s) “Mixed fertilizer” means a commercial fertilizer containing any combination, blend, or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth.

(t) “Mixed-to-order” means commercial fertilizer mixed on a specific request of a purchaser according to a formula furnished by him.

(u) (1) “Natural organic fertilizer” means a fertilizer product that is derived from either a plant or animal product containing carbon, and one or more elements, other than hydrogen or oxygen that are essential for plant growth.

(2) “Natural organic fertilizer” does not include a fertilizer product that contains:

(i) Synthetic materials; or

(ii) Materials that are changed in any physical or chemical manner from their initial state, except by physical manipulation, including drying, cooking, chopping, grinding, shredding, or pelleting.

(v) “Official sample” means any sample of fertilizer or soil conditioner taken and designated as “official” by the Secretary.

(w) (1) “Organic fertilizer” means a fertilizer product that is derived from either a plant or animal product containing carbon and one or more elements, other than hydrogen or oxygen that are essential for plant growth.

(2) “Organic fertilizer” includes a fertilizer product that contains:

(i) Synthetic materials; or

(ii) Materials that are changed in a physical or chemical manner from their initial state.

(x) “Percent” or “percentage” means percentage by weight.

(y) “Professional fertilizer applicator” has the meaning stated in § 8-801 of this article.

(z) “Registrant” means any person who registers a commercial fertilizer or soil conditioner pursuant to the provisions of this subtitle.

(aa) “Retail establishment” has the meaning stated in § 5-401 of the Economic Development Article.

(bb) “Slow release nitrogen” means nitrogen in a form that:

(1) Delays its availability for plant uptake and use after application; or

(2) Extends its availability to the plant significantly longer than a reference “rapidly available nutrient” such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride.

(cc) (1) “Soil conditioner” means any substance or mixture of substances intended for sale, offered for sale, or sold for:

(i) Manurial, soil enriching, or soil corrective purposes;

(ii) Promoting or stimulating the growth of plants;

(iii) Increasing the productivity of plants;

(iv) Improving the quality of crops; or

(v) Producing any chemical or physical change in the soil, except a commercial fertilizer, unmanipulated animal and vegetable manures, agricultural liming material, and gypsum.

(2) “Soil conditioner” includes but is not limited to materials such as compost, peat, vermiculite, or perlite, that are incorporated into the soil.

(dd) “Soil test” means a technical analysis of soil conducted by a laboratory using standards recommended by the University of Maryland.

(ee) “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 any research or experimental purpose.

(ff) “Ton” means a net weight of two thousand pounds avoirdupois.

(gg) “Turf” means land, including residential property and publicly owned land that is planted in mowed, managed grass, except land that is used in the sale and production of sod, as defined in § 9-101 of this article.

(hh) “Water-soluble nitrogen” means nitrogen that is readily soluble in water.