§ 3.1-106.2. (Repealed effective October 1, 2008) Definitions
As used in this chapter, unless the context requires a different meaning:
"Board of Agriculture" or "Board" means the Board of Agriculture and Consumer Services.
"Brand" means a term, design, trademark or product name under which a regulated 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 for any 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 composting process.
"Composting" means the biological decomposition of organic matter. It may be 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 to distribute or apply any regulated product pursuant to subsection M of § 3.1-106.6.
"Custom medium" means a horticultural growing medium which is prepared to the exact specifications of the person who will be planting in the medium and delivered to that person without intermediate or further distribution.
"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.
"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 a regulated product, or to offer for sale, sell, barter, warehouse or otherwise supply regulated product in the Commonwealth.
"Distributor" means any person who distributes.
"Fertilizer" means any substance 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. 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 plant nutrients: nitrogen (N), available phosphate (P205) and potash (K20);
b. Has eighty-five percent or more of its plant nutrient content present in the form of a single chemical compound; or
c. Is derived from a plant or animal residue, or by-product, or natural material deposit, which has been processed or conditioned in such a way that its content of plant nutrients has not been materially changed, except by purification 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 fertilizer materials, specialty fertilizers, bone meal, manures and similar raw materials may be guaranteed in fractional units.
"Guaranteed analysis" means that information required by this chapter to be displayed on the label of a regulated product.
"Guarantor" means the person whose name appears on the label of a regulated product.
"Horticultural growing medium" means any substance or mixture of substances which is promoted as or is intended to function as an artificial soil for the managed growth of horticultural crops.
"Industrial co-product" means a product derived from an industrial process that meets the definition of fertilizer, soil amendment, soil conditioner or horticultural growing medium.
"Investigational allowance" means an allowance for variations, inherent in the taking, preparation, and analysis of an official sample.
"Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a regulated product, including an invoice.
"Labeling" means all written, printed, or graphic matter, upon or accompanying any regulated product, including invoices, advertisements, brochures, posters, and television and radio announcements, used in promoting the sale of such regulated product.
"Licensee" means the person who receives a license to distribute any regulated 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 characteristics of any regulated product.
"Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials.
"Official analysis" means the analysis of an official sample, made by the Commissioner or his agent.
"Official sample" means the sample of regulated product taken by the Commissioner 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), and soluble potash (K20).
"Quantity statement" means the net weight (mass), net volume (liquid or dry), count or other form of measurement of a commodity.
"Registrant" means the person who registers regulated products, under the provisions of this chapter.
"Regulated product" means any product governed by this chapter, including any fertilizer, specialty fertilizer, soil amendment, soil conditioner, and horticultural growing medium.
"Soil amendment" 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. The following are exempt from the definition of "soil amendment": fertilizer, unmanipulated or composted animal and vegetable manures, soil conditioners, 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 but not limited to polyelectrolytes such as complex vinyl and acrylic compounds and 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 prohibits the distributor from selling, relocating, using, or disposing of a lot of regulated product, or portion thereof, in any manner, until the Commissioner or his agent or the court gives written permission to sell, relocate, use or dispose 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 domestic animals, or domestic fowls, which has not been processed or conditioned in any manner, including but not limited to processing or conditioning by drying, grinding, pelleting, shredding, addition of plant food, mixing artificially with any material or materials (other than those which have been used for bedding, sanitary or feeding purposes for such animals or fowls), or by any other means.
(1994, c. 740; 2002, c. 473.)
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