2017 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.

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