2012 Delaware Code
Title 3 - Agriculture
CHAPTER 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS
§ 2103. Definitions of words and terms.

When used in this chapter:

(1) The term "commercial fertilizer" means any substance containing 1 or more recognized plant nutrient(s) 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, marl, lime, limestone, wood ashes and gypsum, and other products exempted by regulation of the Secretary;

a. A "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 85% 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;

b. A "mixed fertilizer" is a commercial fertilizer containing any combination of mixture of fertilizer materials;

c. A "specialty fertilizer" is a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries;

d. A "bulk fertilizer" is a commercial fertilizer distributed in a non-packaged form.

(2) The term "brand" means a term, design, or trademark used in connection with 1 or several grades of commercial fertilizer.

(3) The term "Department" means State Department of Agriculture.

(4) The term "Secretary" means the Secretary of the State Department of Agriculture or the Secretary's duly authorized delegates.

(5) The term "open formula" means mixed fertilizer labeled so as to show in addition to requirements of § 2105 the name and grade of materials and the quantity of each used per ton in compounding or mixing.

(6) The term "soil conditioner" means any substance or mixture of substances imported, manufactured, prepared or sold for manurial soil-enriching or soil-corrective purposes or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of plants, improving the quality of crops, or producing any chemical or physical change in the soil, except commercial fertilizer as defined in this chapter, and unmanipulated animal and vegetable manures, agricultural liming materials and gypsum.

(7) Guaranteed analysis:

a. Until the Department prescribes the alternative form of ""guaranteed

analysis'' in accordance with paragraph b. hereof, the term ""guaranteed

analysis'' shall mean the minimum percentage of plant nutrients claimed in the

following order and form:

1. Total Nitrogen (N) ...................................... - percent

Available Phosphoric Acid (P2O5) ................ - percent

Soluble Potash (K2O) ..................................... - percent

2. For unacidulated mineral phosphatic materials and basic slag, bone,

tankage and other organic phosphate materials, the total phosphoric acid

and/or degree of fineness may also be guaranteed;

3. Guarantees for plant nutrients other than nitrogen, phosphorus and

potassium may be permitted or required by regulation of the Secretary. The

guarantees for such other nutrients shall be expressed in the form of the

element. The sources of such other nutrients (oxides, salt, chelates, etc.)

may be required to be stated on the application for registration and may be

included as a parenthetical statement on the label. Other beneficial

substances or compounds, determinable by laboratory methods, also may be

guaranteed by permission of the Secretary and with the advice of the director

of the agricultural experiment station. 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

Secretary;

4. Potential bisicity or acidity expressed in terms of calcium

carbonate equivalent in multiples of 100 pounds per ton, when required by

regulation;

b. When the Secretary finds, after public hearing following due notice,

that the requirement for expressing the guaranteed analysis of phosphorus and

potassium in elemental form would not impose an economic hardship on

distributors and users of fertilizer by reason of conflicting labeling

requirements among the states, the Secretary may require by regulation

thereafter that the "guaranteed analysis" shall be in the following form:

Total Nitrogen (N) ......................................... - percent

Available Phosphorus (P) .............................. - percent

Soluble Potassium (K) ................................... - percent

Provided, however, that the effective date of said regulation shall be

not less than 6 months following the issuance thereof; and provided, further,

that for a period 2 years following the effective date of said regulation the

equivalent of phosphorus and potassium may also be shown in the form of

phosphoric acid and potash; provided, however, that after the effective date

of a regulation issued under the provisions of this section, requiring that

phosphorus and potassium be shown in the elemental form, the guaranteed

analysis for nitrogen, phosphorus, and potassium shall constitute the grade.

(8) The term "grade" means the percentage of total nitrogen, available

phosphorus or phosphoric acid, and soluble potassium or soluble potash stated

in whole numbers in the same terms, order and percentages as in the guaranteed

analysis. Provided, however, that fertilizer materials, bone meal, manures,

and similar raw materials may be guaranteed in fractional units.

(9) The term "official sample" means any sample of commercial fertilizer

or soil conditioner taken by the Secretary or the Secretary's agent and

designated as "official" by the Secretary.

(10) The term "ton" means a net weight of 2,000 pounds avoirdupois.

(11) The term "percent" or "percentage" means the percentage by weight.

(12) The term "person" includes individual, partnership, association, firm

and corporation.

(13) The term "distributor" means any person who imports, consigns,

manufactures, produces, compounds, mixes or blends commercial fertilizer, or

soil conditioner, or who offers for sale, sells, barters or otherwise supplies

commercial fertilizer or soil conditioner in this State.

(14) The term "registrant" means the person who registers commercial

fertilizer or soil conditioner under this chapter.

(15) The term "label" means the display of all written, printed or graphic

matter upon the immediate container or statement accompanying a commercial

fertilizer or soil conditioner.

(16) The term "labeling" means all written, printed or graphic matter,

upon or accompanying any commercial fertilizer or soil conditioner or

advertisements, brochures, posters, television and radio announcements used in

promoting the sale of such commercial fertilizers or soil conditioners.

promoting the sale of such commercial fertilizers or soil conditioners.

3 Del. C. 1953, § 2103; 58 Del. Laws, c. 157; 70 Del. Laws, c. 186, § 1.;