N.D. Cent. Code § 4.1-40-01
This is the official text of N.D. Cent. Code § 4.1-40-01, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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4.1-40-01. Definitions
Official statutory text
4.1-40-01. Definitions
As used in this chapter:
1. "Brand" means a term, design, or trademark, used in connection with one or several
grades of fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil
amendments, or plant amendments.
2. "Bulk" means in a nonpackaged form.
3. "Compost" means a material derived primarily or entirely from biological decomposition
of vegetative organic matter or animal manure that may have inorganic fertilizer added
to promote decomposition.
4. "Deficiency" means an amount of plant nutrient or active ingredient found by analysis
to be less than the amount guaranteed, resulting from a lack of plant nutrient, active
ingredients, or uniformity.
5. "Distributor" means a person who imports, consigns, manufactures, produces,
compounds, mixes, or blends or who sells or offers for sale fertilizer, fertilizer
materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments
in this state.
6. "End user" means a person who uses a fertilizer, fertilizer materials, micronutrients,
specialty fertilizers, soil amendment, or plant amendment in a manner for which the
product was intended.
7. "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, except unmanipulated animal and vegetable
manures, marl, lime, limestone, wood ashes, and other products excluded by rule of
the commissioner.
8. "Fertilizer material" means a fertilizer which:
a. Contains no more than one of the primary plant nutrients;
b. Has approximately eighty-five percent of its primary plant nutrient content present
in the form of a single chemical compound; or
c. Is derived from a plant or animal residue or byproduct or a natural material
deposit and has been processed in such a way that its content of primary plant
nutrients has not been materially changed except by purification or concentration.
9. "Grade" means the percentages of total nitrogen, available phosphate, and soluble
potassium or soluble potash stated in the same terms, order, and percentages as in
the "guaranteed analysis".
10. "Guaranteed analysis" means the minimum percentage of plant nutrients claimed.
11. "Investigational allowance" means an allowance for variations inherent in the taking,
preparation, and analysis of an official sample of fertilizer, soil amendment, or plant
amendment.
12. "Label" means all written, printed, or graphic materials upon or accompanying any
fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil amendment, or plant
amendment and any printed material or media announcements used in promoting their
sale.
13. "Licensee" means a person licensed by the commissioner to distribute fertilizer,
fertilizer material, micronutrients, specialty fertilizer, soil amendment, or plant
amendment.
14. "Manipulated" means to have manufactured, blended, or mixed fertilizers, fertilizer
materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments,
or to have treated in any manner any animal or vegetable manures, including
mechanical drying, grinding, pelleting, and other means, or by adding other chemicals
or substances.
15. "Micronutrient" means a fertilizer that contains only essential chemical elements that
are required at low levels for normal plant growth.
16. "Mobile mechanical unit" means any portable machine or apparatus used to blend,
mix, or manufacture fertilizers, fertilizer material, micronutrients, specialty fertilizers,
soil amendments, or plant amendments.
17. "Official sample" means any sample of fertilizer, fertilizer material, micronutrients,
specialty fertilizer, soil amendment, or plant amendment, taken and designated as
"official" by the commissioner.
18. "Organic" in reference to fertilizer nutrients, means only naturally occurring
tilizers, fertilizer material, micronutrients, specialty fertilizers,
soil amendments, or plant amendments.
17. "Official sample" means any sample of fertilizer, fertilizer material, micronutrients,
specialty fertilizer, soil amendment, or plant amendment, taken and designated as
"official" by the commissioner.
18. "Organic" in reference to fertilizer nutrients, means only naturally occurring
substances, generally recognized as the hydrogen compounds of carbon and their
derivatives or synthetic products of similar composition with a water insoluble nitrogen
content of at least sixty percent of the guaranteed total nitrogen.
19. "Percent" or "percentage" means the percentage by weight.
20. "Plant amendment" means a substance applied to plants or seeds which is intended to
improve germination, growth, yield, product quality, reproduction, flavor, or other
desirable characteristics of plants except fertilizers, unless the fertilizer is represented
to contain, as an active ingredient, a substance other than a primary plant nutrient or
micronutrient, or is represented as promoting plant growth by supplying something
other than a primary plant nutrient or micronutrient.
21. "Plant nutrient" means a substance generally recognized as beneficial for plant growth,
including nitrogen, phosphorus, potassium, calcium, magnesium, sulfur, boron,
chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc.
22. "Primary plant nutrients" means nitrogen, phosphate, and potash.
23. "Registrant" means the person who registers fertilizers, soil amendments, or plant
amendments under this chapter.
24. "Sell" when applied to fertilizers, fertilizer material, micronutrients, specialty fertilizers,
soil amendments, or plant amendments means:
a. Transferring or offering to transfer ownership through a sale, exchange, gift, or
distribution; or
b. Receiving, accepting, holding, or possessing for sale, exchange, gift, or
distribution.
25. "Soil amendment" means any substance intended to improve the characteristics of the
soil except unmanipulated animal or vegetable manures, pesticides, and fertilizers,
unless the fertilizer is represented to contain, as an active ingredient, a substance
other than a primary plant nutrient or micronutrient or is represented as promoting
plant growth by supplying something other than a primary plant nutrient or
micronutrient.
26. "Specialty fertilizer" means a fertilizer distributed primarily for nonfarm use.
27. "Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].
As used in this chapter:
1. "Brand" means a term, design, or trademark, used in connection with one or several
grades of fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil
amendments, or plant amendments.
2. "Bulk" means in a nonpackaged form.
3. "Compost" means a material derived primarily or entirely from biological decomposition
of vegetative organic matter or animal manure that may have inorganic fertilizer added
to promote decomposition.
4. "Deficiency" means an amount of plant nutrient or active ingredient found by analysis
to be less than the amount guaranteed, resulting from a lack of plant nutrient, active
ingredients, or uniformity.
5. "Distributor" means a person who imports, consigns, manufactures, produces,
compounds, mixes, or blends or who sells or offers for sale fertilizer, fertilizer
materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments
in this state.
6. "End user" means a person who uses a fertilizer, fertilizer materials, micronutrients,
specialty fertilizers, soil amendment, or plant amendment in a manner for which the
product was intended.
7. "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, except unmanipulated animal and vegetable
manures, marl, lime, limestone, wood ashes, and other products excluded by rule of
the commissioner.
8. "Fertilizer material" means a fertilizer which:
a. Contains no more than one of the primary plant nutrients;
b. Has approximately eighty-five percent of its primary plant nutrient content present
in the form of a single chemical compound; or
c. Is derived from a plant or animal residue or byproduct or a natural material
deposit and has been processed in such a way that its content of primary plant
nutrients has not been materially changed except by purification or concentration.
9. "Grade" means the percentages of total nitrogen, available phosphate, and soluble
potassium or soluble potash stated in the same terms, order, and percentages as in
the "guaranteed analysis".
10. "Guaranteed analysis" means the minimum percentage of plant nutrients claimed.
11. "Investigational allowance" means an allowance for variations inherent in the taking,
preparation, and analysis of an official sample of fertilizer, soil amendment, or plant
amendment.
12. "Label" means all written, printed, or graphic materials upon or accompanying any
fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil amendment, or plant
amendment and any printed material or media announcements used in promoting their
sale.
13. "Licensee" means a person licensed by the commissioner to distribute fertilizer,
fertilizer material, micronutrients, specialty fertilizer, soil amendment, or plant
amendment.
14. "Manipulated" means to have manufactured, blended, or mixed fertilizers, fertilizer
materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments,
or to have treated in any manner any animal or vegetable manures, including
mechanical drying, grinding, pelleting, and other means, or by adding other chemicals
or substances.
15. "Micronutrient" means a fertilizer that contains only essential chemical elements that
are required at low levels for normal plant growth.
16. "Mobile mechanical unit" means any portable machine or apparatus used to blend,
mix, or manufacture fertilizers, fertilizer material, micronutrients, specialty fertilizers,
soil amendments, or plant amendments.
17. "Official sample" means any sample of fertilizer, fertilizer material, micronutrients,
specialty fertilizer, soil amendment, or plant amendment, taken and designated as
"official" by the commissioner.
18. "Organic" in reference to fertilizer nutrients, means only naturally occurring
tilizers, fertilizer material, micronutrients, specialty fertilizers,
soil amendments, or plant amendments.
17. "Official sample" means any sample of fertilizer, fertilizer material, micronutrients,
specialty fertilizer, soil amendment, or plant amendment, taken and designated as
"official" by the commissioner.
18. "Organic" in reference to fertilizer nutrients, means only naturally occurring
substances, generally recognized as the hydrogen compounds of carbon and their
derivatives or synthetic products of similar composition with a water insoluble nitrogen
content of at least sixty percent of the guaranteed total nitrogen.
19. "Percent" or "percentage" means the percentage by weight.
20. "Plant amendment" means a substance applied to plants or seeds which is intended to
improve germination, growth, yield, product quality, reproduction, flavor, or other
desirable characteristics of plants except fertilizers, unless the fertilizer is represented
to contain, as an active ingredient, a substance other than a primary plant nutrient or
micronutrient, or is represented as promoting plant growth by supplying something
other than a primary plant nutrient or micronutrient.
21. "Plant nutrient" means a substance generally recognized as beneficial for plant growth,
including nitrogen, phosphorus, potassium, calcium, magnesium, sulfur, boron,
chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc.
22. "Primary plant nutrients" means nitrogen, phosphate, and potash.
23. "Registrant" means the person who registers fertilizers, soil amendments, or plant
amendments under this chapter.
24. "Sell" when applied to fertilizers, fertilizer material, micronutrients, specialty fertilizers,
soil amendments, or plant amendments means:
a. Transferring or offering to transfer ownership through a sale, exchange, gift, or
distribution; or
b. Receiving, accepting, holding, or possessing for sale, exchange, gift, or
distribution.
25. "Soil amendment" means any substance intended to improve the characteristics of the
soil except unmanipulated animal or vegetable manures, pesticides, and fertilizers,
unless the fertilizer is represented to contain, as an active ingredient, a substance
other than a primary plant nutrient or micronutrient or is represented as promoting
plant growth by supplying something other than a primary plant nutrient or
micronutrient.
26. "Specialty fertilizer" means a fertilizer distributed primarily for nonfarm use.
27. "Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].
Status: in_force · Read it on the official government site
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