Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.03 - Commercial Fertilizer and Soil Conditioner › Section 15.18.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agricultural land" means land used for
				the production of crops or for raising livestock.
(2) "Brand" means the term, design,
				trademark, or other specific designation under which a commercial fertilizer or
				soil conditioner is distributed in the State.
(3) Commercial Fertilizer.
(a) "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, or gypsum.
(b) "Commercial
				fertilizer" includes a fertilizer-pesticide or a specialty fertilizer as
				defined by this chapter.
(c) The
				definitions of identity for a commercial fertilizer are provided in COMAR
				15.18.01.
(4)
				"Custom-mix" means any commercial fertilizer mixed on specific request of a
				purchaser according to a formula furnished by the purchaser.
(5) "Department" means the State Department
				of Agriculture.
(6) "Distribute"
				means to import, manufacture, produce, compound, mix, blend, barter, sell,
				offer for sale, consign, furnish, provide, or otherwise supply a commercial
				fertilizer or soil conditioner as part of a commercial enterprise.
(7) "Grade" means the percentage of total
				nitrogen (N), available phosphoric acid or phosphate
				(P2O5), and soluble potash
				(K2O) stated in whole numbers in the same terms, order,
				and percentages as in the "guaranteed analysis". Any "specialty fertilizer" or
				"mixed-to-order fertilizer" guarantee may be stated in decimal fractions of
				whole numbers.
(8) "Guaranteed
				analysis" means the minimum percentage of plant nutrients claimed as follows:
(a) Total nitrogen (N), available phosphate
				(P2O5), soluble potash
				(K2O);
(b)
				For unacidulated mineral phosphatic materials and basic slag, both total and
				available phosphate and the degree of fineness;
(c) For bone, tankage, and other organic
				phosphatic materials, total phosphate;
(d) Additional plant nutrients, when claimed,
				are to be expressed in elemental form; and
(e) Potential basicity or acidity may be
				expressed in terms of calcium carbonate equivalent in multiples of 100 pounds
				per ton.
(9) "Industrial
				sludge" means the accumulated semiliquid suspension, settled, or dried residue
				of solids deposited as a by-product of an industrial, agricultural, or
				manufacturing process that is claimed to have value in promoting plant growth,
				or in producing a physical or chemical change in the soil.
(10) "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.
(11) "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.
(12) "Lot" means a definite quantity of
				commercial fertilizer or soil conditioner, identified by name, grade, or code
				designation as certified by the Secretary.
(13) "Microorganism" means organisms of
				microscopic size intended for use as a nitrogen-fixation agent which are
				claimed to have value in promoting plant growth.
(14) "Origin" means the original physical
				source of the product or nutrient.
(15) "Percent" or "percentage" means
				percentage by weight.
(16) "Person"
				includes the State, any county, municipal corporation, or other political
				subdivision of the State, or any of their units, or an individual, receiver,
				trustee, guardian, executor, administrator, fiduciary, or representative of any
				kind, or any partnership, firm, association, public or private corporation, or
				any other entity unless otherwise provided.
(17) "Primary plant nutrient" means a plant
				food that is essential for normal plant growth and includes nitrogen (N),
				available phosphate (P2O5), and
				potash (K2O).
(18) "Registrant" means any person who
				registers a commercial fertilizer or soil conditioner, pursuant to the
				provisions of this chapter.
(19)
				Secondary and Micro Plant Nutrients.
(a)
				"Secondary and micro plant nutrients" means nutrients, other than the primary
				nutrients, that are essential for normal growth of plants.
(b) "Secondary plant nutrients" include
				calcium (Ca), magnesium (Mg), and sulfur (S).
(c) "Micronutrients" include boron (B),
				chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum
				(Mo), sodium (Na), and zinc (Zn).
(20) "Secretary" means the Secretary of
				Agriculture or the Secretary's designee.
(21) Soil Conditioner.
(a) "Soil conditioner" means any substance or
				mixture of substances, except a commercial fertilizer, unmanipulated animal and
				vegetable manures, agricultural liming material, or gypsum, intended for sale,
				offered for sale, or sold for:
(i) Manurial,
				soil enriching, or soil corrective purposes;
(ii) Promoting or stimulating the growth of
				plants;
(iii) Increasing the
				productivity of plants;
(iv)
				Improving the quality of crops; or
(v) Producing any chemical or physical change
				in the soil.
(b) "Soil
				conditioner" includes, but is not limited to, microorganisms and materials such
				as compost, peat, vermiculite, perlite, or digestate produced by anaerobic
				digestion that are incorporated into the soil.
(22) "Specialty fertilizer" means a
				commercial fertilizer distributed primarily for nonfarm use, such as home
				garden, lawn, shrubbery, flowers, golf course, municipal park, cemetery,
				greenhouse, or nursery, and may include a fertilizer used for any research or
				experimental purpose.