Tennessee § 43-11-103 - Part definitions.

§ 43-11-103. Part definitions.

As used in this part, unless the context otherwise requires: “Brand” means a term, design, or trademark used in connection with one (1) or several grades of commercial fertilizer; “Bulk fertilizers” means commercial fertilizer distributed in a nonpackaged form; “Commercial fertilizer” means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum; “Commissioner” means the commissioner of agriculture; “Deficiency” means the amount of nutrient found by analysis less than that guaranteed that may result from a lack of nutrient ingredients or from a lack of uniformity; “Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state; “Fertilizer material” is a fertilizer that either: Contains important quantities of no more than one (1) of the primary plant nutrients (nitrogen, phosphoric acid and potash); Has approximately eighty-five percent (85%) of its plant nutrient content present in the form of a single chemical compound; or Is derived from a plant or animal residue or by-product or a natural material deposit that has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration; “Grade” means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the “guaranteed analysis”; “Guaranteed analysis”: Until the commissioner prescribes the alternative form of “guaranteed analysis” in accordance with the provisions of subdivision (9)(B), “guaranteed analysis” means the minimum percentage of plant nutrients claimed in the following order and form: Available Phosphoric Acid (P205) percent Soluble Potash (K20) percent Total Nitrogen (N) percent For unacidulated mineral phosphatic materials and basis slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid; Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for plant nutrients other than nitrogen, phosphorus and potassium shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations prescribed by the commissioner; and Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds (100 lbs.) per ton, when required by regulation; and When the commissioner finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, the commissioner may require by regulation thereafter that the “guaranteed analysis” shall be in the following form: Total Nitrogen (N) percent Available Phosphorus (P) percent Soluble Potassium (K) percent provided, that the effective date of the regulation shall not be less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash. After the effective date of a regulation issued under this subdivision (9)(B), requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus, and potassium shall constitute the grade; “Investigational allowance” means an allowance for variations inherent in the taking, preparation, and analysis of an official sample; “Label” means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer; “Labeling” means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer; “Local legislation” means, but is not limited to, any ordinance, motion, resolution, amendment, regulation or rule adopted by a political subdivision; “Mixed fertilizer” is a commercial fertilizer containing any combination or mixtures of fertilizer materials designed for use or claimed to have value in promoting plant growth; “Official sample” means any sample of commercial fertilizer taken by the commissioner or the commissioner's agent and designated as “official” by the commissioner; “Overall index value” means the value of a fertilizer as determined by comparing the value guaranteed with the value found, using as a basis for value the commercial value of a nutrient or ingredient per § 43-11-110; “Percent” or “percentage” means the percentage by weight; “Person” includes an individual, partnership, association, firm, and corporation; “Political subdivision” means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state; “Registrant” means the person who registers commercial fertilizer under this part; “Soil conditioner or soil amendment” means any substance that is intended to improve the physical characteristics of the soil, except agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, and other materials exempted by regulation; “Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries; “Ton” means a net weight of two thousand pounds (2,000 lbs.) avoirdupois; and “Unmanipulated manure” means any substance composed of the excreta of domestic animals or domestic fowls that has not been processed in any manner, including drying, grinding, shredding, addition of plant food, mixing artificially with any material or materials other than those that have been used for bedding, sanitary, or feeding purposes for the animals or fowls, or any other means. Acts 1969, ch. 102, § 3; T.C.A., § 43-1123; Acts 1986, ch. 659, §§ 1, 2; 1988, ch. 544, §§ 1, 2; 2008, ch. 1040, § 1. Compiler's Notes. Acts 2008, ch. 1040, § 3 provided that the provisions adding the definitions for “local legislation” and “political subdivision” to this section shall not apply in any county having a population in excess of two hundred thousand (200,000), according to the 2000 federal census or any subsequent federal census. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2008 amendment added the definitions for “local legislation” and “political subdivision”. Effective Dates. Acts 2008, ch. 1040, § 4. May 28, 2008.