Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 49 - Bulk Dry Animal Nutrients › Rule 21-49.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
When used in this chapter:
"Bulk dry animal nutrient product"
or
"hulk product"
means an animal nutrient product delivered to a
				purchaser in bulk form to which a label cannot be attached.
"Business"
means a commercial
				enterprise.
"Church "
means a religious
				institution.
"Commercial enterprise "
means a building
				which is used as a part of a business that manufactures goods, delivers
				services, or sells goods or services, which is customarily and regularly used
				by the general public during the entire calendar year and which is connected to
				electric, water, and sewer systems. A commercial enterprise does not include a
				farm operation.
"County soil survey"
means a publication
				containing a survey of soils and topography of an Iowa county by the Iowa
				cooperative soil survey.
"Department"
means the department of
				agriculture and land stewardship.
"Distribute "
means to offer for sale, sell,
				hold out for sale, exchange, barter, supply or furnish a bulk dry animal
				nutrient product on a commercial basis.
"Distributor "
means a person who distributes
				a bulk dry animal nutrient product.
"Dry animal nutrient product"
means any
				unmanipulated animal manure composed primarily of animal excreta if all of the
				following apply:
1. The manure contains one or more recognized plant nutrients
				which are used for their plant nutrient content.
2. The manure promotes plant growth.
3. The manure does not flow perceptibly under pressure.
4. The manure is not capable of being transported through a
				mechanical pumping device designed to move a liquid.
5. The constituent molecules of the manure do not flow freely
				among themselves but do show the tendency to separate under stress.
"Educational institution "
means a building in
				which an organized course of study or training is offered to students enrolled
				in kindergarten through grade 12 and served by local school districts,
				accredited or approved nonpublic schools, area education agencies, community
				colleges, institutions of higher education under the control of the state board
				of regents, and accredited independent colleges and universities.
"Grassed waterway "
means a shaped or graded
				channel that is established with suitable vegetation for the stable conveyance
				of runoff
"Guaranteed analysis "
means the minimum
				percentage of plant nutrients claimed and reported to the department pursuant
				to Iowa Code section
				200A.6.
"Label"
means any written or printed material
				which accompanies bulk shipments.
"Major water source "
means a water source
				that is a lake, reservoir, river or stream located within the territorial
				limits of the state, or any marginal river area adjacent to the state, if the
				water source is capable of supporting a floating vessel capable of carrying one
				or more persons during a total of a six-month period in one out often years,
				excluding periods of flooding.
"Official sample "
means any sample of a bulk
				dry animal nutrient taken by the department, according to procedures
				established by the department consistent with this chapter
"Percent"
or
"percentage"
means percentage by weight.
"Person "
means individual, partnership,
				association, firm or corporation.
"Public use area "
means that portion of land
				owned by the United States, the state, or a political subdivision with
				facilities which attract the public to congregate and remain in the area for
				significant periods of time. Facilities include, but are not limited to, picnic
				grounds, campgrounds, cemeteries, lodges and cabins, shelter houses, playground
				equipment, swimming beaches at lakes, and fishing docks, fishing houses,
				fishing jetties or fishing piers at lakes. It does not include a highway, road
				right-of-way, parking areas, recreational trails or other areas where the
				public passes through, but does not congregate or remain in the area for
				significant periods of time.
"Purchaser "
means a person to whom a dry bulk
				animal nutrient is distributed.
"Religious institution "
means a building in
				which an active congregation is devoted to worship.
"School"
means an educational
				institution.
"Ton "
means a net weight of 2,000 pounds
				avoirdupois.
"Water of the state"
means any stream, lake,
				pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer,
				irrigation system, drainage system, and any other body or accumulation of
				water, surface or uderground, natural or artificial, public or private, which
				are contained within, flow through or border upon the state or any portion
				thereof
"Water source "
means a lake, river,
				reservoir, creek, stream, ditch, or other body of water or channel having
				definite banks and a bed with water flow, except lakes or ponds without outlet
				to which only one landowner is riparian.