2006 Code of Virginia § 3.1-106.2 - Definitions

3.1-106.2. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Board of Agriculture" or "Board" means the Board of Agriculture andConsumer Services.

"Brand" means a term, design, trademark or product name under which aregulated product is distributed.

"Bulk" means in nonpackaged form.

"Bulk fertilizer" means a fertilizer distributed in a nonpackaged form.

"Commercial fertilizer" means a fertilizer distributed for farm use, or forany other use, other than any specialty fertilizer use.

"Commissioner" means the Commissioner of Agriculture and Consumer Services.

"Compost" means a biologically stable material derived from the compostingprocess.

"Composting" means the biological decomposition of organic matter. It maybe accomplished by mixing and piling so as to promote aerobic decay,anaerobic decay, or both aerobic and anaerobic decay.

"Contractor-applicator" means any person required to hold a permit todistribute or apply any regulated product pursuant to subsection M of 3.1-106.6.

"Custom medium" means a horticultural growing medium which is prepared tothe exact specifications of the person who will be planting in the medium anddelivered to that person without intermediate or further distribution.

"Deficiency" means the amount of nutrient found by analysis to be less thanthat guaranteed, which may result from a lack of nutrient ingredients, orfrom lack of uniformity.

"Department" means the Department of Agriculture and Consumer Services.

"Distribute" means to import, consign, manufacture, produce, compound, mix,blend, or in any way alter, the chemical or physical characteristics of aregulated product, or to offer for sale, sell, barter, warehouse or otherwisesupply regulated product in the Commonwealth.

"Distributor" means any person who distributes.

"Fertilizer" means any substance containing one or more recognized plantnutrients, which is used for its plant nutrient content, and which isdesigned for use, or claimed to have value, in promoting plant growth.Fertilizer does not include unmanipulated animal and vegetable manures, marl,lime, limestone, and other products exempted by regulation.

"Fertilizer material" means a fertilizer which:

a. Contains important quantities of no more than one of the primary plantnutrients: nitrogen (N), available phosphate (P205) and potash (K20);

b. Has eighty-five percent or more of its plant nutrient content present inthe form of a single chemical compound; or

c. Is derived from a plant or animal residue, or by-product, or naturalmaterial deposit, which has been processed or conditioned in such a way thatits content of plant nutrients has not been materially changed, except bypurification and concentration.

"Grade" means the percentage of total nitrogen (N), available phosphate(P205) and soluble potash (K20), stated in whole numbers in the same terms,order, and percentages as in the guaranteed analysis, except that fertilizermaterials, specialty fertilizers, bone meal, manures and similar rawmaterials may be guaranteed in fractional units.

"Guaranteed analysis" means that information required by this chapter to bedisplayed on the label of a regulated product.

"Guarantor" means the person whose name appears on the label of a regulatedproduct.

"Horticultural growing medium" means any substance or mixture of substanceswhich is promoted as or is intended to function as an artificial soil for themanaged growth of horticultural crops.

"Industrial co-product" means a product derived from an industrial processthat meets the definition of fertilizer, soil amendment, soil conditioner orhorticultural growing medium.

"Investigational allowance" means an allowance for variations, inherent inthe taking, preparation, and analysis of an official sample.

"Label" means the display of all written, printed, or graphic matter, uponthe immediate container, or a statement accompanying a regulated product,including an invoice.

"Labeling" means all written, printed, or graphic matter, upon oraccompanying any regulated product, including invoices, advertisements,brochures, posters, and television and radio announcements, used in promotingthe sale of such regulated product.

"Licensee" means the person who receives a license to distribute anyregulated product under the provisions of this chapter.

"Manufacturer" means any person who manufactures, produces, compounds,mixes, blends, or in any way alters the chemical or physical characteristicsof any regulated product.

"Mixed fertilizer" means a fertilizer containing any combination or mixtureof fertilizer materials.

"Official analysis" means the analysis of an official sample, made by theCommissioner or his agent.

"Official sample" means the sample of regulated product taken by theCommissioner or his agent, and designated as "official" by the Board.

"Percent" or "percentage" means the percentage by weight.

"Primary nutrient" includes nitrogen (N), available phosphate (P205), andsoluble potash (K20).

"Quantity statement" means the net weight (mass), net volume (liquid ordry), count or other form of measurement of a commodity.

"Registrant" means the person who registers regulated products, under theprovisions of this chapter.

"Regulated product" means any product governed by this chapter, includingany fertilizer, specialty fertilizer, soil amendment, soil conditioner, andhorticultural growing medium.

"Soil amendment" means any substance or mixture of substances, imported,manufactured, prepared or sold for manurial, soil enriching, or soilcorrective purposes, or intended to be used for promoting or stimulating thegrowth of plants, increasing the productivity of plants, improving thequality of crops, or producing any chemical or physical change in the soil.The following are exempt from the definition of "soil amendment":fertilizer, unmanipulated or composted animal and vegetable manures, soilconditioners, horticultural growing media, agricultural liming materials,unmixed mulch and unmixed peat.

"Soil conditioner" means any substance or mixture of substances imported,manufactured, prepared or sold for soil corrective purposes, including butnot limited to polyelectrolytes such as complex vinyl and acrylic compoundsand certain cellulose and lignin derivatives.

"Specialty fertilizer" means a fertilizer distributed for nonfarm use,including, by way of example, but not by way of limitation, home gardens,lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries,greenhouses and nurseries.

"Stop sale, use, removal, or seizure order" means an order which prohibitsthe distributor from selling, relocating, using, or disposing of a lot ofregulated product, or portion thereof, in any manner, until the Commissioneror his agent or the court gives written permission to sell, relocate, use ordispose of the lot of regulated product or portion thereof.

"Ton" means a net weight of two thousand pounds avoirdupois.

"Unmanipulated manure" means substances composed of the excreta of domesticanimals, or domestic fowls, which has not been processed or conditioned inany manner, including but not limited to processing or conditioning bydrying, grinding, pelleting, shredding, addition of plant food, mixingartificially with any material or materials (other than those which have beenused for bedding, sanitary or feeding purposes for such animals or fowls), orby any other means.

(1994, c. 740; 2002, c. 473.)