Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 031 - PLANT INDUSTRY DIVISION › Chapter 008 - VERMONT FERTILIZER AND LIME REGULATIONS › Section 20 031 008 - VERMONT FERTILIZER AND LIME REGULATIONS

Current through June, 2024
Section
			 I Definitions and Terms; Exemptions
As used in relation to the sale and analysis of
				fertilizer and as used in this rule:
A. Definitions, terms and names
			 shall be those set forth in Section
			 363
			 of the Fertilizer and Lime Law (hereinafter referred to as the
			 "Law"). Where no such definitions, terms and names are set forth in
			 the Law, such definitions, terms or names shall be those adopted by
			 the Association of American Plant Food Control Officials (hereinafter
			 referred to as "AAPFCO"), except as the Commissioner prescribes
			 otherwise in this rule.
1. Brand
			 means a term, design or trademark used in connection with one or more
			 grades of fertilizer or lime.
2. Bulk Fertilizer is a fertilizer
			 distributed in a non-packaged form.
3. Commissioner means the
			 Commissioner of Agriculture, Foods and Markets of the State of
			 Vermont or an authorized representative.
4. Distribute means to import,
			 consign, manufacture, produce, compound, mix or blend fertilizer or
			 lime or to offer for sale, sell barter or otherwise supply or apply
			 fertilizer or lime in this state.
5. Fertilizer means any substance
			 containing one or more recognized plant nutrients which is used for
			 its plant nutrient content and which is designed for use or claimed
			 to have value in promoting plant growth or health.
6. Grade means the percentage of
			 total nitrogen, available phosphoric acid or phosphorus and soluble
			 potash or potassium stated in whole numbers in the same terms and
			 order as the guaranteed analysis.
7. Guaranteed Analysis means the
			 minimum percentages of plant nutrients claimed by the manufacturer or
			 distributor of a fertilizer product. In reference to liming
			 materials, the guaranteed analysis means the minimum percentages of
			 elemental calcium and magnesium, calcium and magnesium oxide, calcium
			 and magnesium carbonate and the calcium carbonate
			 equivalent.
8. Label
			 means the display of all written, printed or graphic material on or
			 accompanying a fertilizer or lime.
9. Labeling means all written,
			 printed or graphic material on or accompanying a fertilizer or lime
			 product including advertisements, brochures, posters and television
			 and radio, announcements used in promoting the sale or use of a
			 fertilizer or lime.
10.
			 Lime means all products whose calcium and magnesium compounds are
			 capable of neutralizing soil acidity and which are intended or
			 distributed for agricultural or plant propagation purposes. For the
			 purposes of this regulation, the terms agricultural lime, lime or
			 liming material shall have the same meaning and includes industrial
			 wastes or by-products which contain calcium, magnesium and/or
			 potassium compounds capable of neutralizing soil acidity.
10. Natural Organic Fertilizer
			 means materials derived from plant or animal products containing one
			 or more elements other than carbon, hydrogen and oxygen which are
			 essential for plant growth. These materials may be subjected to
			 biological degradation processes under normal conditions of aging,
			 rainfall, sun-curing, air-drying, composting, rotting, enzymatic or
			 bacterial action, or any combination of these processes. These
			 materials shall not be mixed with synthetic materials or changed in
			 any physical or chemical manner from their initial state except by
			 physical manipulations such as drying, cooking, chopping, grinding,
			 shredding or pelleting.
11. Organic Fertilizer means a
			 fertilizer material containing carbon and one or more elements other
			 than hydrogen and oxygen essential for plant growth.
12. Person means any individual,
			 company, partnership, association, corporation or organization of
			 persons whether incorporated or not, including any federal agency,
			 municipality, state or subdivision of any state.
13. Primary Plant Nutrients include
			 nitrogen, available phosphoric acid or phosphorus and soluble potash
			 or potassium.
14.
			 Registrant means any person who registers fertilizer or lime under
			 the provisions of this chapter.
15. Specialty Fertilizer means a
			 fertilizer distributed for non-farm use. Specialty fertilizers and
			 fertilizer materials may be guaranteed in fractional terms.
16. Use includes all purposes for
			 which a fertilizer or lime is applied.