2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 23 - Fertilizer (§§ 501 — 535) › § 519 - Short title; definitions

Sections 519—535 of this title may be cited as the “Fertilizer Act of Puerto Rico”.
For the purposes of §§ 519—535 of this title, the following definitions shall govern:
(a) Secretary. — The Secretary of Agriculture of Puerto Rico or his authorized representative.
(b) Department. — The Department of Agriculture of Puerto Rico.
(c) Person. — Any individual, partnership, association, cooperative association, corporation or any other form of legal organization.
(d) Laboratory. — The Agrological and Agricultural Materials Laboratory of the Department of Agriculture of Puerto Rico.
(e) Manufacturer. — Any person who manufactures, produces or mixes commercial fertilizers or amendments to the soil.
(f) Distributor. — Any person who imports, consigns, has on sale or offers for sale, sells, barters or in any form supplies commercial fertilizers.
(g) To distribute. — To have on sale, consign, offer for sale, sell, barter or in any form supply commercial fertilizers or amendments to the soil.
(h) Commercial fertilizer. — Any substance containing one or more plant [nutrients], recognized and used as such, designed to be used or said to have nutritive value for promoting the growth or development of plants, except animal and vegetable manure, marl, lime, limestone, ashes, sulphur, and gypsum which have not been manufactured or processed, and other products the Secretary may exempt through regulation.
(i) Mixed fertilizer. — Commercial fertilizer which constitutes a mixture of two (2) or more ingredients or matter containing nutritive elements essential for the development of plants such as nitrogen, phosphorus, potassium, etc.
(j) Liquid fertilizer. — Commercial fertilizer which constitutes a liquid containing one or more nutritive elements or substances essential for the development of plants such as nitrogen, phosphorus, potassium, etc.
(k) Specialized fertilizer. — Commercial fertilizer primarily distributed to be used on domestic gardens, lawns, shrubs, flowers, golf links, parks and highways, cemeteries, greenhouses, and seed plots and not to be used on farms.
(l) Raw material for fertilizer. — An organic or mineral matter containing one or more nutritive substances or elements essential for the development of plants and that is used or may be used in the processing of commercial fertilizers. Nevertheless, when such matter is distributed for application as such in plantations, the same shall be considered as a commercial fertilizer.
(m) Amendment to the soil. — Matter which, if applied to the soil, will tend to amend the excessive acidity or the excessive alkalinity of said soil or to improve its structure.
(n) Grade of fertilizer. — The minimum guaranteed content of nutritive elements or substances for plants in commercial fertilizers as percentage by weight of nitrogen (N), assimilable phosphoric acid (P 2 O 5), and water soluble potash (K 2 O).
(o) Label. — All written, printed or engraved material appearing on the receptacle or container in which a commercial fertilizer is distributed, or accompanying it in any form.
(p) Trademark. — Any word, name, symbol or device, or any combination thereof which identifies the commercial fertilizer of a manufacturer or distributor and distinguishes it from the commercial fertilizers of other manufacturers or distributors.
(q) Official sample. — A sample of commercial fertilizer or an amendment to the soil taken by the Secretary or his authorized representative.
(r) Lot. — Aggregate of the same commercial fertilizer or amendment to the soil, packed or unpacked, that may be distinguished from other aggregate or aggregates of commercial fertilizers or amendments to the soil.
(s) Original container. — Direct container which holds the commercial fertilizer or amendment to the soil, including vans, tank trucks, trailers or any other means used to deliver the same to the buyer, when distributed in bulk.
(t) Ton. — A net weight of two thousand (2,000) pounds avoirdupois.
(u) Percent. — Percent per weight.
(v) Unit. — Twenty (20) pounds or 1% of nitrogen (N) or assimilable phosphoric acid (P 2 O 5) or water soluble potash (K 2 O), for every ton of fertilizer.
(w) Importer. — Any person who introduces commercial fertilizers or amendments to the soil for sale, nonpersonal use or distribution in Puerto Rico.
(x) Filler. — A dry, inert substance added to the raw fertilizer matter in order to dilute its concentration, provide volume, prevent compacting or lumping or to serve any further purpose other than providing essential plant nutrients.
(y) Nutrient. — An element recognized as being essential to the growth and development of plants. For the purposes of this chapter, said term does not include carbon, hydrogen or oxygen since these three (3) elements are obtained by the plants from the water and the air.
(z) Micronutrient. — A chemical element used by plants in minute quantities which is essential for their growth and development. The known micronutrients are boron, chlorine, copper, iron, manganese, molybdenum and zinc.
(aa) Carrier. — Means any person, or maritime or air shipping company, that transports fertilizers or raw material for fertilizers to Puerto Rico.
(bb) Organic fertilizer. — Means a commercial fertilizer and/or material of organic origin that releases or provides significant quantities of essential nutrients for plants when added to the soil.
(cc) Fill. — Means a dry inert substance added to the raw material for fertilizers to dilute its concentration, provide volume, prevent compacting or lumping, or serving for any other purpose rather than to provide essential nutriments for plants.
(dd) Nutrient. — Means an element recognized as essential for plant growth and development. For the purposes of this chapter, said term shall not include carbon, hydrogen nor oxygen, since plants obtain these three elements from air and water.
(ee) Micronutrient. — Means a chemical element that is used by plants in infinitesimal amounts, but that it is essential for their growth and development. Known micronutrients are boron, chlorine, copper, iron, manganese, molybdenum and zinc.
History —May 8, 1973, No. 19, p. 57, § 1; July 20, 1979, No. 171, p. 443, § 1; Aug. 24, 1997, No. 103, § 1; Aug. 4, 2001, No. 90, § 1.