As used in this subchapter, unless the context otherwise requires:
(1) "Soil amendment" means and includes any substance which is intended to improve the physical, chemical, or other characteristics of the soil or improve crop production, except the following:
(A) Commercial fertilizers, unless represented to contain as an active ingredient a substance other than a recognized plant food element or represented as promoting plant growth by other than supplying a recognized plant food element;
(B) Agricultural liming materials;
(C) Agricultural gypsum;
(D) Unmanipulated animal manures;
(E) Topsoil;
(F) Unmanipulated vegetable manures;
(G) Pesticides; and
(H) Herbicides;
(2) "Name" means the specific designation under which the individual product is offered for sale;
(3) "Bulk" means in nonpackaged form;
(4) "Distribute" means to import, consign, offer for sale, sell, barter, or to otherwise supply soil amendments to any person in this state;
(5) "Distributor" means any person who imports, consigns, sells, offers for sale, barters, or otherwise supplies soil amendments in this state;
(6) "Manufacturer" means any person who produces, compounds, mixes, or blends soil amendments;
(7) "Label" means the display of written, printed, or graphic matter upon the immediate container of a soil amendment;
(8) "Labeling" means all written, printed, or graphic matter upon or accompanying any soil amendment and all advertisements, brochures, posters, or television or radio announcements used in promoting the sale of a soil amendment;
(9) "Board" means the State Plant Board;
(10) "Active ingredient" means the ingredient or ingredients which are claimed to have beneficial effects on soil or crops growing on soils;
(11) "Inert ingredient" means the ingredients which do not have any beneficial or harmful effects on soil or crops but are present in the product;
(12) "Person" means individuals, partnerships, associations, and corporations;
(13) "Percent" or "percentage" means by weight;
(14) "Registrant" means any person who registers a soil amendment under the provisions of this subchapter;
(15) "Misbranded" means and shall apply if:
(A) Any soil amendment bears a label that is false or misleading in any particular;
(B) Any soil amendment is distributed under the name of another soil amendment;
(C) Any material is represented as a soil amendment or is represented as containing a soil amendment, unless the soil amendment conforms to the definition of identity, if any, prescribed by regulation;
(D) The percentage of active ingredient in any soil amendment is not shown in the approved ingredient form; or
(E) The labeling on any soil amendment is false or misleading in any particular; and
(16) "Adulterated" means and shall apply to any soil amendment if:
(A) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label; or if adequate warning statements and directions for use which may be necessary to protect plants, animals, or aquatic life are not shown on the label;
(B) Its composition falls below that which it is purported to possess by its labeling; or
(C) It contains noxious weed seed, harmful insects, or harmful disease organisms.
Section: 2-19-402 2-19-403 2-19-404 2-19-405 2-19-406 2-19-407 2-19-408 2-19-409 2-19-410 2-19-411 2-19-412 2-19-413 2-19-414 NextLast modified: November 15, 2016