2016 New York Laws
AGM - Agriculture & Markets
Article 10 - (Agriculture & Markets) SALE AND ANALYSIS OF COMMERCIAL FERTILIZER
143 - Definitions.
143. Definitions. When used in this article, unless otherwise expressly stated:
a. The term "commercial fertilizer" shall mean any substances containing one or more recognized plant nutrients 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, agricultural liming material, wood ashes, gypsum and other products exempted by regulation of the commissioner.
b. The term "specialty fertilizer" shall mean a commercial fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries, and such other use as the commissioner may define by regulation.
c. The term "bulk fertilizer" shall mean a commercial fertilizer distributed in a non-packaged form.
d. The term "brand" shall mean a term, name, design, or trademark used in connection with one or several grades of commercial fertilizer.
e. The term "guaranteed analysis" shall mean a statement of the minimum percentage of plant nutrients claimed expressed in the order and form provided in section one hundred forty-four hereof.
f. The term "custom mix" means a mixture of fertilizer ingredients blended or manufactured to a particular customer's specifications and for his personal use and not offered for resale.
g. The term "grade" shall mean the percentages of total nitrogen, available phosphoric acid and soluble potash stated in the order and form required in the guaranteed analysis.
h. The term "official sample" means any sample of commercial fertilizer taken by the commissioner or his agent in accordance with section one hundred forty-six-a hereof and designated as "official" by the commissioner.
i. The term "ton" means a net weight of two thousand pounds avoirdupois.
j. The term "per cent" or "percentage" means the percentage by weight.
k. The term "distribute" means to offer for sale, sell, barter, exchange or otherwise supply commercial fertilizers. The term "distributor" means any person who distributes and includes, but is not limited to, manufacturing plants, blending plants and bulk storage facilities.
l. The term "person" includes individual, partnership, association, firm or corporation.
m. The term "licensee" shall mean a person whose license, pursuant to section one hundred forty-six hereof, has been issued by the commissioner and is still in effect.
n. 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.
o. The term "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 eighty-five per cent 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.
p. The term "mixed fertilizer" is a commercial fertilizer containing any combination or mixture of fertilizer materials.
q. The term "label" means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer.
r. The term "labelling" means all written, printed or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such commercial fertilizers.
s. The term "commissioner" means the commissioner of agriculture and markets.
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