38-19-1Definition of terms.

Terms, as used in this chapter, mean:

(1)    "Available phosphoric acid," the sum of the water-soluble and the citrate-soluble phosphoric acid and reported as phosphorus pentoxide;

(2)    "Brand," a term, design, or trademark used in connection with one or several grades of commercial fertilizer;

(3)    "Bulk commercial fertilizer," any volume of a commercial fertilizer which is transported or held for resale in an immediate reusable container in undivided quantities greater than one hundred pounds net dry weight or fifty-five U.S. gallons liquid measure;

(4)    "Bulk commercial fertilizer storage facility," any area, location, tract of land, building, structure, or premises constructed in accordance with rules promulgated by the secretary for the storage of bulk commercial fertilizer;

(5)    "Commercial fertilizer," any substance, including manipulated manure, containing any 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, except unmanipulated animal and vegetable manures, marl, lime, limestone, lime sludge, sewage sludge, wood ashes, gypsum, compost, and other products excluded by rule;

(5A)    "Compost," a group of organic residues or a mixture of organic residues and soil that have been piled, moistened, and allowed to undergo aerobic biological decomposition;

(6)    "Distribute," to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, or otherwise supply commercial fertilizer in this state;

(7)    "Distributor," any person who distributes commercial fertilizer in this state;

(8)    "Fertilizer material," a commercial fertilizer which either:

(a)    Contains important quantities of no more than one of the primary plant nutrients: nitrogen, phosphoric acid, and potash;

(b)    Has approximately eighty-five percent 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 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;

(9)    "Grade," the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. However, speciality fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphoric acid, and soluble potash. Fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units;

(10)    "Investigational allowance," allowance for variations inherent in the taking, preparation, and analysis of an official sample of commercial fertilizer;

(11)    "Label," a display of written, printed, or graphic matter on or attached to the immediate container of any article and the outside container or wrapper of the retail package, or a statement or document accompanying a commercial fertilizer;

(12)    "Labeling," 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 commercial fertilizer;

(13)    "Licensee," any person who receives a license to distribute a commercial fertilizer under the provisions of this chapter;

(13A)    "Manipulated manure," any animal or vegetable manure collected or stored in a manner consistent with practices commonly implemented in agricultural production that has been subjected to practices including composting, mechanical dewatering, or pelletizing or altered in any way to change chemical, physical, or biological characteristics;

(14)    "Metric ton," a net weight of one thousand kilograms;

(15)    "Mixed fertilizer," a commercial fertilizer containing any combination or mixture of fertilizer materials;

(16)    "Nitrogen," the element of nitrogen;

(17)    "Official sample," any sample of commercial fertilizer taken by the secretary of agriculture and natural resources or department agent according to methods prescribed by this chapter;

(18)    "Percent" or "percentage," the percentage by weight;

(19)    "Primary nutrients," nitrogen, available phosphoric acid, and soluble potash;

(20)    "Recognized plant nutrients," primary nutrients, secondary nutrients, and micro nutrients;

(21)    Deleted by SL 2001, ch 215, § 7;

(22)    "Secondary and micro nutrients," those nutrients other than primary nutrients that are essential for the normal growth of plants and that may need to be added to the growth medium. Secondary plant nutrients include calcium, magnesium, and sulfur; micro plant nutrients include boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc;

(23)    "Secretary," the secretary of the Department of Agriculture and Natural Resources;

(24)    "Sell:"

(a)    The act of selling, transferring ownership;

(b)    The offering and exposing for sale, exchange, or distribution;

(c)    Giving away; or

(d)    Receiving, accepting, holding or possession for sale, exchange, or distribution;

(25)    "Sewage sludge," "sludge," "biosolids," any solid, semisolid, or liquid residue removed during the treatment of municipal or domestic sewage by publicly-owned treatment works regulated under 40 CFR Part 503, as amended to January 1, 1995, and the Clean Water Act as amended to January 1, 1995;

(26)    "Soluble potash," that portion of the potash contained in fertilizers or fertilizer materials which is soluble in an aqueous ammoniacal solution of 0.8% ammonium oxalate, after boiling in a 1.14% solution of ammonium oxalate and reported as potassium oxide;

(27)    "Ton," a net weight of two thousand pounds avoirdupois.

Source: SL 1949, ch 85, § 2; SDC Supp 1960, § 22.1702; SL 1966, ch 66, §§ 1, 2; SL 1982, ch 281, § 1; SL 1986, ch 331, §§ 1, 2; SL 1988, ch 315, § 2; SL 1995, ch 324, §§ 1 to 3; SL 2001, ch 215, § 7; SL 2015, ch 203, § 13; SL 2016, ch 200, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.