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§ 2300.1. Definitions.

3 CA ADC § 2300.1Barclays Official California Code of RegulationsEffective: April 1, 2022

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 4. Plant Industry (Refs & Annos)
Chapter 1. Chemistry
Subchapter 1. Fertilizing Materials
Article 1. Standards and Labeling
Effective: April 1, 2022
3 CCR § 2300.1
§ 2300.1. Definitions.
(a) The term “trade secret” means any data and/or information that discloses:
(1) The manufacturing or quality control processes, manufacturing facility or equipment
(2) The identity or percentage quantity of any deliberately added ingredients other than active ingredients.
(3) Any business practice that is otherwise considered as trade secrets under California Government Code Section 6254.7(d).
All information concerning efficacy, including but not limited to the objectives, methodology, results, or significance of any test or experiment performed on or with a fertilizing material, and any information concerning the effects of such fertilizing material's action on the environment or human or animal health, shall not be considered “trade secrets.”
(b) The term “active ingredient” means any agent responsible for the intended beneficial purpose, including but not limited to: provide primary plant nutrients, secondary nutrients or micronutrients; correct soil conditions through chemical and biological affects; enhance plant's growth, vigor, quality or size through chemical, biochemical, or biological change; or amends the soil through physical or chemical means.
(c) The term “inert ingredient” means a substance, other than an active ingredient, which is intentionally included in a fertilizing material product.
(d) The term “custom blend” means a fertilizing material blended according to specifications provided to a blender in a soil test nutrient recommendation or to meet the specific consumer (end user) request(s) prior to blending.
(e) The term “blender” means any person or system engaged in the business of blending fertilizing material.
(f) The term “lot” means an identifiable quantity of fertilizing material up to and including the amount represented by a weight certificate; or that bears an identical production code and/or date or, in the absence of either a production code or date, any group of containers of the same size, product name, and manufacturer stored at the same location.
(g) The term “display panel” means the primary part of a label that is designed to be displayed, presented, or shown under normal and customary conditions of display and purchase.
(h) The term “public warehouse” means any place designated for the storage of goods, where its services are offered to any business or person, and where ownership does not engage in the sales of any fertilizing materials being stored at the warehouse.
(i) The term “fraud” means a knowing misrepresentation of the truth or concealment of a material fact to induce another person to act to his or her detriment.
(j) The term “willful misconduct” means unlawful behavior voluntarily and intentionally.
(k) The term “gross negligence” means a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another person.
(l) The term “tackifiers” means a substance which is applied to fertilizing materials, soils, and/or seeds to promote adhesion.

Credits

Note: Authority cited: Sections 407 and 14502, Food and Agricultural Code. Reference: Sections 14601 and 14631, Food and Agricultural Code; and Section 6254.7, Government Code.
History
1. New section filed 9-10-2009; operative 1-1-2010 pursuant to Government Code section 11343.4(b) (Register 2009, No. 37). For prior history, see Register 98, No. 29.
2. New subsections (d) and (e) filed 2-28-2012; operative 3-29-2012 (Register 2012, No. 9).
3. New subsections (f)-(h) filed 6-22-2017; operative 10-1-2017 (Register 2017, No. 25).
4. New subsections (i)-(k) filed 4-13-2020; operative 4-13-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 16).
5. New subsection (l) filed 2-23-2022; operative 4-1-2022 (Register 2022, No. 8).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 2300.1, 3 CA ADC § 2300.1
End of Document