N.Y. AGM Law § 143 — New York Code / Act AGM / Article 10 / Section 143
Definitions
Status: in_force

§ 143. Definitions. When used in this article, unless otherwise\nexpressly stated:\n  a. The term "commercial fertilizer" shall mean any substances\ncontaining one or more recognized plant nutrients which is used for its\nplant nutrient content, and which is designed for use or claimed to have\nvalue in promoting plant growth, except unmanipulated animal and\nvegetable manures, agricultural liming material, wood ashes, gypsum and\nother products exempted by regulation of the commissioner.\n  b. The term "specialty fertilizer" shall mean a commercial fertilizer\ndistributed primarily for non-farm use, as the commissioner may define\nby regulation.\n  c. The term "bulk fertilizer" shall mean a commercial fertilizer\ndistributed in a non-packaged form.\n  d. The term "brand" shall mean a term, name, design, or trademark used\nin connection with one or several grades of commercial fertilizer.\n  e. The term "guaranteed analysis" shall mean a statement of the\nminimum percentage of plant nutrients claimed expressed in the order and\nform provided in section one hundred forty-four hereof.\n  f. The term "custom mix" means a mixture of fertilizer ingredients\nblended or manufactured to a particular customer's specifications and\nfor his personal use and not offered for resale.\n  g. The term "grade" shall mean the percentages of total nitrogen,\navailable phosphoric acid and soluble potash stated in the order and\nform required in the guaranteed analysis.\n  h. The term "official sample" means any sample of commercial\nfertilizer taken by the commissioner or his agent in accordance with\nsection one hundred forty-six-a hereof and designated as "official" by\nthe commissioner.\n  i. The term "ton" means a net weight of two thousand pounds\navoirdupois.\n  j. The term "per cent" or "percentage" means the percentage by weight.\n  k. The term "distribute" means to offer for sale, sell, barter,\nexchange or otherwise supply commercial fertilizers. The term\n"distributor" means any person who distributes and includes, but is not\nlimited to, manufacturing plants, blending plants and bulk storage\nfacilities.\n  l. The term "person" includes individual, partnership, association,\nfirm or corporation.\n  m. The term "licensee" shall mean a person whose license, pursuant to\nsection one hundred forty-six hereof, has been issued by the\ncommissioner and is still in effect.\n  n. Words importing the singular number may extend and be applied to\nseveral persons or things and words importing the plural number may\ninclude the singular.\n  o. The term "fertilizer material" is a commercial fertilizer which\neither:\n  1. Contains important quantities of no more than one of the primary\nplant nutrients (nitrogen, phosphoric acid and potash), or\n  2. Has approximately eighty-five per cent of its plant nutrient\ncontent present in the form of a single chemical compound, or\n  3. Is derived from a plant or animal residue or by-product or a\nnatural material deposit which has been processed in such a way that its\ncontent of primary plant nutrients has not been materially changed\nexcept by purification and concentration.\n  p. The term "mixed fertilizer" is a commercial fertilizer containing\nany combination or mixture of fertilizer materials.\n  q. The term "label" means the display of all written, printed or\ngraphic matter upon the immediate container or statement accompanying a\ncommercial fertilizer.\n  r. The term "labelling" means all written, printed or graphic matter,\nupon or accompanying any commercial fertilizer, or advertisements,\nbrochures, posters, television and radio announcements used in promoting\nthe sale of such commercial fertilizers.\n  s. The term "commissioner" means the commissioner of agriculture and\nmarkets.\n  t. The term "agricultural and food analytical standards association"\nshall mean an independent, third-party, not-for-profit association that\ndevelops voluntary, globally accepted, consensus analytical standards\nand methods for ensuring quality measurements to address the purity and\nsafety of agricultural materials and food and promotes global trade and\npublic health and shall be further defined in regulations by the\ncommissioner.\n