2005 Idaho Code - 22-603 — DEFINITIONS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 6
                            COMMERCIAL FERTILIZERS
    22-603.  DEFINITIONS. When used in this chapter:
    (1)  "Biosolid(s)" means a primary organic solid material produced by
wastewater treatment processes that can be beneficially recycled for its plant
nutrient content and soil amending characteristics, as regulated under the
code of federal regulations, 40 CFR 503, as amended.
    (2)  "Brand" means a term, design, or trademark  used in connection with
one (1) or several grades of fertilizer.
    (3)  "Calcium carbonate equivalent" means the acid-neutralizing capacity
of an agricultural liming material expressed as a weight percentage of calcium
carbonate.
    (4)  "Compost" means a biologically stable material derived from the
composting process.
    (5)  "Composting" means the biological decomposition of organic matter. It
is accomplished by mixing and piling in such a way to promote aerobic and/or
anaerobic decay. The process inhibits pathogens, viable weed seeds and odors.
    (6)  "Coproduct" means a chemical substance produced for a commercial
purpose during the manufacture, processing, use or disposal of another
chemical substance or mixture.
    (7)  "Deficiency" means the amount of nutrient found by analysis to be
less than that guaranteed, which may result from a lack of nutrient
ingredients or from lack of uniformity.
    (8)  "Department" means the Idaho state department of agriculture or its
authorized representative.
    (9)  "Distribute" means to import, consign, manufacture, produce,
compound, mix, or blend  fertilizer, or to offer for sale, sell, barter or
otherwise supply  fertilizer in this state.
    (10) "Distributor" means any person  who distributes.
    (11) "Fertilizer" means any substance containing one (1) or more
recognized plant nutrient which is used for its plant nutrient content and
which is designed for use or claimed to have value in promoting plant growth,
and includes limes and gypsum. It does not include unmanipulated animal manure
and vegetable organic waste-derived material, or biosolids regulated under the
code of federal regulations, 40 CFR 503, as amended.
    (a)  "Bulk fertilizer" means a fertilizer distributed in a nonpackaged
    form.
    (b)  "Customer formula fertilizer" means a mixture of fertilizer or
    materials of which each batch is mixed according to the specific
    instructions of the final purchaser.
    (c)  "Fertilizer material" means a fertilizer which either:
         (i)   Contains important quantities of no more than one (1) of the
         primary plant nutrients: nitrogen (N), phosphate (    ) and potash
         (    ), or
         (ii)  Has eighty-five percent (85%) or more of its plant nutrient
         content present in the form of a single chemical compound, or
         (iii) Is derived from a plant or animal residue or byproduct or
         natural material deposit which has been processed in such a way that
         its content of plant nutrients has not been materially changed except
         by purification and concentration.
    (d)  "Micronutrient fertilizer" means a fertilizer that contains valuable
    concentrations of micronutrients, but does not contain valuable
    concentrations of total nitrogen (N), available phosphate (    ), soluble
    potash (   ), calcium (Ca), magnesium (Mg), or sulfur (S).
    (e)  "Mixed fertilizer" means a fertilizer containing any combination or
    mixture of fertilizer materials.
    (f)  "Packaged fertilizer" means fertilizers, either agricultural or
    specialty, distributed in nonbulk form.
    (g)  "Specialty fertilizer" means a fertilizer distributed for nonfarm
    use.
    (h)  "Waste-derived fertilizer" includes any commercial fertilizer derived
    from an industrial byproduct, coproduct or other material that would
    otherwise be disposed of if a market for reuse were not an option, but
    does not include fertilizers derived from biosolids or biosolid products
    regulated under the code of federal regulations, 40 CFR 503, as amended.
    (12) "Grade" means the percentage of total nitrogen, available phosphate,
and soluble potash stated in whole numbers in the same terms, order, and
percentages  as in the guaranteed analysis. Provided however, that specialty
fertilizers may be guaranteed in fractional units of less than one percent
(1%) of total nitrogen, available phosphate, and soluble potash: provided
further, that fertilizer materials, bone meal, and similar materials may be
guaranteed in fractional units.
    (13) "Guaranteed analysis" means the minimum percentage of plant nutrients
claimed, for a total nitrogen, available phosphate, or soluble potash
fertilizer, in the following order and form:
    (a)  Total nitrogen                                            ......... %
    Available phosphate                                            ......... %
    Soluble potash                                                 ......... %
    (b)  Any fertilizer intended for agricultural use with a total nitrogen,
    available phosphate, or soluble potash guarantee shall contain five
    percent (5%) or more of available nitrogen, phosphate, or potash, singly,
    collectively, or in combination.
    (c)  For unacidulated mineral phosphatic materials and basic slag, the
    guaranteed analysis shall contain both total and available phosphate and
    the degree of fineness. For bone, tankage, and other organic phosphatic
    materials, the guaranteed analysis shall contain total and available
    phosphate.
    (d)  The guaranteed analysis for limes shall include the percentage of
    calcium or magnesium expressed as their carbonate; the calcium carbonate
    equivalent as determined by methods prescribed by the association of
    official analytical chemists, international (AOAC); and the minimum
    percentage of material that will pass respectively a one hundred (100)
    mesh, sixty (60) mesh, and ten (10) mesh sieve.
    (e)  The guarantees for nutrients other than total nitrogen, available
    phosphate and soluble potash shall be expressed in the form  of the
    element. The source (oxides, salts, chelates, etc.) of such other
    nutrients may be required to be stated on the application for registration
    and shall be included on the label. Other beneficial substances  or
    compounds, determinable  by laboratory  methods, also may be guaranteed by
    permission of the department. Other guarantees shall not be included with
    the guarantee for nutrients, but shall be listed separately as
    "nonnutrient substances." When any plant nutrients or other substances or
    compounds are guaranteed they shall be subject to inspection and analysis
    in accordance with the methods and rules prescribed by the department.
    (f)  In a fertilizer with the principal constituent of calcium sulfate
    (gypsum), the percentage of calcium sulfate (           ) shall be given
    along with the percentage of total sulfur (S).
    (14) "Investigational allowance" means an allowance for variations
inherent in the taking, preparation and analysis of an official sample of
fertilizer.
    (15) "Label" means the display of all written, printed, or graphic matter,
upon the immediate container, or a statement accompanying a fertilizer.
    (16) "Labeling" means all written, printed, or graphic matter, upon or
accompanying any fertilizer, or advertisements, brochures, posters, and
television and radio announcements used in promoting the sale of such
fertilizer.
    (17) "Lime" means a substance or a mixture of substances, the principal
constituent of which is calcium carbonate (      ), calcium hydroxide
(Ca(  ) ), calcium oxide (CaO), magnesium carbonate (      ), magnesium
hydroxide (Mg(  ) ) or magnesium oxide (MgO), singly or combined.
    (18) "Manipulation" means actively processed or treated in any manner.
    (19) "Manufacture" means to compound, produce, granulate, mix, blend,
repackage, or otherwise alter the composition of fertilizer materials.
    (20) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper
(Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na), and zinc (Zn).
    (21) "Official sample" means any sample of fertilizer taken by the
director or his authorized agent and designated as "official" by the
department.
    (22) "Organic waste-derived material" means grass clippings, leaves,
weeds, bark, plantings, prunings and other vegetative wastes, wood wastes from
logging and milling operations, and food wastes. "Organic waste-derived
material" does not include products that contain biosolids as defined in this
section.
    (23) "Packaged fertilizer" means fertilizers, either agricultural or
specialty, distributed in nonbulk form.
    (24) "Percent" or "percentage" means the percentage by weight.
    (25) "Person" means an individual, partnership, association, firm or
corporation.
    (26) "Primary nutrient" means total nitrogen, available phosphate, and
soluble potash.
    (27) "Production" means to compound or fabricate a fertilizer through a
physical or chemical process. Production does not include mixing, blending, or
repackaging fertilizer products.
    (28) "Registrant" means the person who registers fertilizer under the
provisions of this act.
    (29) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
    When not specifically stated in this section or otherwise designated by
the department in rule, the department will be guided by the definitions of
general terms, fertilizer materials and soil and plant amendment materials as
set forth in the Official Publication of the Association of American Plant
Food Control Officials (AAPFCO) or the Merck Index, published by Merck Co.,
Inc.