Okla. Stat. tit. 2, § 2-8-77.3

As used in the Oklahoma Fertilizer Act:

1. "Brand" means a term, design, or trademark used in

connection with one or several grades of fertilizer;

2. "Broker" means a person who negotiates sales and purchases

between a manufacturer, distributor, final consumer, or retailer of

fertilizer;

3. "Bulk fertilizer" means fertilizer distributed in a

nonpackaged form;

4. "Commercial fertilizer" means fertilizer sold in bulk

quantities or packages greater than thirty (30) pounds;

5. "Custom blend" means fertilizer formulated according to

specifications furnished by the final consumer;

6. "Custom blender" means a person who mixes or commingles

fertilizer into a custom blend and who distributes the special

blend. A custom blender shall not be required to register each

grade of fertilizer in the following circumstances:

a. the custom blend is formulated according to

specifications furnished by the ultimate consumer

prior to mixing, and

b. the custom blend is prepared by a lawn care or tree

service company that mixes or commingles fertilizer

and who applies the special blend for the ultimate

consumer;

7. "Deficiency" means the amount of nutrient found by analysis

less than that guaranteed, which may result from a lack of nutrient

ingredients or from lack of uniformity;

8. "Distribute" means to import, consign, manufacture, blend,

offer for sale, sell, barter, commercially apply, or supply

fertilizer in this state including, but not limited to, the delivery

of bagged, labeled and registered fertilizer to a nonregistrant that

sells the fertilizer in this state;

9. "Distributor" means any person who distributes fertilizer;

10. "Fertilizer" means any substance containing one or more

recognized plant nutrients which are used for its plant nutrient

Oklahoma Statutes - Title 2. Agriculture Page 408

content and is designed for use or claimed to have value in

promoting plant growth, except unmanipulated animal and vegetable

manures, marl, lime, limestone, and wood ashes;

11. "Fertilizer dealer" means any person operating a business

that is engaged in the distribution or sale of fertilizer. The term

"fertilizer dealer" shall not include an ultimate consumer who is

engaged in the physical act of application of fertilizer or a retail

store selling only bagged registered commercial fertilizer other

than bagged ammonium nitrate;

12. "Grade" means the percentage of total nitrogen, available

phosphate, and soluble potash stated in whole numbers. Specialty

fertilizer may be guaranteed in fractional units of less than one

percent (1%) of total nitrogen, available phosphate, and soluble

potash. Fertilizer materials, bone meal, manures, and similar

materials may be guaranteed in fractional units;

13. "Guaranteed analysis" means the minimum percentage of plant

nutrients claimed in the following order and form:

Total Nitrogen (N) ________%

Available Phosphate (P2O5) ________%

Soluble Potash (K2O) ________%.

When any plant nutrients, substances, or compounds are guaranteed,

they shall be subject to inspection and analysis;

14. "Guarantor" means the person responsible to the State Board

of Agriculture for any claims or guarantees associated with the

manufacture, distribution, and use of a fertilizer;

15. "Investigational allowance" means an allowance for

variations inherent in the taking, preparation, and analysis of an

official sample of fertilizer;

16. "Label" means the display of all written, printed, or

graphic matter, upon the immediate container, or a statement

accompanying fertilizer;

17. "Labeling" means all written, printed, or graphic matter,

upon or accompanying any fertilizer, or advertisements, brochures,

posters, or television and radio announcements used in promoting the

sale of fertilizer;

18. "Licensee" means the person receiving a license to

distribute fertilizer under the provisions of the Oklahoma

Fertilizer Act;
ner, or a statement

accompanying fertilizer;

17. "Labeling" means all written, printed, or graphic matter,

upon or accompanying any fertilizer, or advertisements, brochures,

posters, or television and radio announcements used in promoting the

sale of fertilizer;

18. "Licensee" means the person receiving a license to

distribute fertilizer under the provisions of the Oklahoma

Fertilizer Act;

19. "Manipulated manures" means substances composed primarily

of animal excreta, plant remains, or mixtures of these substances

which have been processed by natural or mechanical drying or

composting and no other chemicals have been added;

20. "Mixed fertilizer" means a fertilizer containing any

combination or mixture of fertilizer materials;

21. "Official sample" means any sample of fertilizer taken by

an authorized agent of the Board;

Oklahoma Statutes - Title 2. Agriculture Page 409

22. "Percent" or "percentage" means the portion of each hundred

units of weight;

23. "Primary nutrient" means total nitrogen, available

phosphate, and soluble potash;

24. "Registrant" means the person registering fertilizer under

the provisions of the Oklahoma Fertilizer Act;

25. "Specialty fertilizer" means fertilizer sold in packages of

less than thirty (30) pounds;

26. "Ton" means a net weight of two thousand (2,000) pounds

avoirdupois;

27. "Ultimate consumer" means a person who receives fertilizer

for personal use. The term "ultimate consumer" shall not include a

person distributing fertilizer for profit to the general public; and

28. "Unmanipulated manures" means substances composed primarily

of excreta, plant remains, or mixtures of these substances which

have not been processed in any manner.