§ 6-201. Definitions
West's Annotated Code of MarylandAgricultureEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Agriculture, § 6-201
§ 6-201. Definitions
(b) A commercial fertilizer is “adulterated” if:
(c) “Brand” means the term, design, trademark, or other specific designation under which a commercial fertilizer or soil conditioner is distributed in the State.
(d) “Bulk fertilizer” means any commercial fertilizer distributed in a nonpackaged form.
(e) “Buyer's mixture” means commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by him.
(f) “Commercial fertilizer” means any substance containing a recognized plant nutrient used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum.
(g) “Custom-mix” means commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by him.
(h) “Distribute” means to import, manufacture, produce, compound, mix, blend, barter, sell, offer for sale, consign, furnish, provide, or otherwise supply commercial fertilizer or soil conditioners as part of a commercial enterprise.
(i) “Enhanced efficiency fertilizer” means a fertilizer product that increases plant uptake and decreases the potential of nutrient loss to the environment, including gaseous loss, leaching, or runoff, when compared to an appropriate reference fertilizer product.
(j) “Fertilizer material” means a commercial fertilizer containing a recognized plant nutrient, which is used primarily for its plant nutrient content.
(k) “Grade” means the percentage of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) stated in whole numbers in the same terms, order, and percentages as in the “guaranteed analysis”. In the case of any “specialty fertilizer” or “mixed-to-order fertilizer” guarantees may be stated in decimal fractions of whole numbers.
(l) “Guaranteed analysis” means the nominal percentage of plant nutrient claimed as follows:
(m) “Gypsum” means any product that consists chiefly of calcium sulfate intended for use for agricultural purposes.
(n) “Label” means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a commercial fertilizer or soil conditioner.
(o) “Labeling” means all written, printed, or graphic matter on or accompanying any commercial fertilizer or soil conditioner, or the contents of any advertisement, brochure, poster or television or radio announcement used in promoting the sale of a commercial fertilizer or soil conditioner.
(p) “Lot” means a definite quantity of commercial fertilizer or soil conditioner, identified by name, grade, or code designation as certified by the Secretary.
(q) “Low phosphorous fertilizer” means fertilizer:
(r) A commercial fertilizer or soil conditioner is “misbranded”, if:
(4) A fertilizer purports to be or is represented as a commercial fertilizer or if it purports to contain or is represented as containing a fertilizer material, unless the fertilizer material conforms to any definition of identity, prescribed by departmental rules and regulations which give due regard to commonly accepted definitions, such as those issued by the Association of American Plant Food Control Officials, Inc.; or
(5) Any word, statement, or other information, required to appear on the label or labeling, is not placed on it prominently and conspicuously as compared with other words, statements, designs, or devices in the labeling, and it is not in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(s) “Mixed fertilizer” means a commercial fertilizer containing any combination, blend, or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth.
(t) “Mixed-to-order” means commercial fertilizer mixed on a specific request of a purchaser according to a formula furnished by him.
(u)(1) “Natural organic fertilizer” means a fertilizer product that is derived from either a plant or animal product containing carbon, and one or more elements, other than hydrogen or oxygen that are essential for plant growth.
(v) “Official sample” means any sample of fertilizer or soil conditioner taken and designated as “official” by the Secretary.
(w)(1) “Organic fertilizer” means a fertilizer product that is derived from either a plant or animal product containing carbon and one or more elements, other than hydrogen or oxygen that are essential for plant growth.
(y) “Professional fertilizer applicator” has the meaning stated in § 8-801 of this article.
(z) “Registrant” means any person who registers a commercial fertilizer or soil conditioner pursuant to the provisions of this subtitle.
(aa) “Retail establishment” has the meaning stated in § 5-401 of the Economic Development Article.
(bb) “Slow release nitrogen” means nitrogen in a form that:
(cc)(1) “Soil conditioner” means any substance or mixture of substances intended for sale, offered for sale, or distributed for:
(dd) “Soil test” means a technical analysis of soil conducted by a laboratory using standards recommended by the University of Maryland.
(ee) “Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries, and may include commercial fertilizers used for any research or experimental purpose.
(gg) “Turf” means land, including residential property and publicly owned land that is planted in mowed, managed grass, except land that is used in the sale and production of sod, as defined in § 9-101 of this article.
Credits
Added by Acts 1973, 1st Sp. Sess, c. 6, § 1. Amended by Acts 1986, c. 5, § 1; Acts 1987, c. 11, § 1; Acts 1989, c. 369; Acts 1992, c. 389, § 1; Acts 1993, c. 5, § 1; Acts 1998, c. 324, § 3, eff. July 1, 1998; Acts 1998, c. 325, § 3, eff. July 1, 1998; Acts 2009, c. 278, § 1, eff. Oct. 1, 2009; Acts 2009, c. 279, § 1, eff. Oct. 1, 2009; Acts 2011, c. 484, § 1, eff. Oct. 1, 2011; Acts 2011, c. 485, § 1, eff. Oct. 1, 2011; Acts 2014, c. 11, § 1, eff. Oct. 1, 2014; Acts 2019, c. 367, § 1, eff. Oct. 1, 2019.
Formerly Art. 48, § 141; Art. 66C, §§ 473, 477.
MD Code, Agriculture, § 6-201, MD AGRIC § 6-201
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |