When used in this chapter:

(1) “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. Fertilizer does not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood, ash and other products exempted by regulations adopted by the commissioner pursuant to section 22-111j.

(2) “Fertilizer material” means a fertilizer which: (A) Contains important quantities of not more than one of the primary plant nutrients nitrogen, phosphate or potash, or (B) has not less than eighty-five per cent of its plant nutrient content present in the form of a single chemical compound, or (C) is derived from a plant or animal residue, by-product or natural material deposit which has been processed in a manner that results in its content of plant nutrients not having been materially changed, except by purification and concentration.

(3) “Mixed fertilizer” means a fertilizer containing any combination or mixture of fertilizer materials.

(4) “Specialty fertilizer” means a fertilizer distributed for nonfarm use.

(5) “Bulk fertilizer” means a fertilizer distributed in a nonpackaged form.

(6) “Brand” means a term, design or trademark used in connection with one or more grades of fertilizer.

(7) “Guaranteed analysis” means the minimum percentage of plant nutrients claimed in the following order and form:

(A) Total Nitrogen (N) ................................................................................ per cent

(B) Available Phosphate (P2O5) .................................................................. per cent

(C) Soluble Potash (K2O) ............................................................................ per cent

(8) “Grade” means the percentage of total nitrogen, available phosphate and soluble potash, stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis.

(9) “Official sample” means any sample of fertilizer taken by the commissioner or the commissioner's duly authorized agent and designated as such by the commissioner.

(10) “Ton” means a net weight of two thousand pounds avoirdupois.

(11) “Primary nutrient” means total nitrogen, available phosphate or soluble potash.

(12) “Per cent” or “percentage” means percentage by weight.

(13) “Person” means an individual, partnership, association, firm, corporation, limited liability company or other entity.

(14) “Distribute” means to import or consign or to offer for sale, sell, barter or otherwise supply fertilizer to any person in this state.

(15) “Distributor” means any person who distributes fertilizer.

(16) “Registrant” means a person who registers fertilizer pursuant to public act 09-229*.

(17) “Label” means the display of all written, printed or graphic matter on a fertilizer container or a written statement accompanying a fertilizer.

(18) “Labeling” means all written, printed or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television or radio announcements and Internet web site content used in promoting the sale of any fertilizer.

(19) “Investigational allowance” means an allowance for variations inherent in the taking, preparation and analysis of an official sample of fertilizer.

(20) “Deficiency” means the amount of nutrient found by analysis that is less than the guaranteed analysis.

(21) “Blender” means any person or system engaged in the business of blending fertilizer through the use of mobile or fixed equipment.

(22) “Blending” means the physical mixing or combining of the following to produce a uniform mixture: (A) One or more fertilizer materials and one or more filler materials, (B) two or more fertilizer materials, or (C) two or more fertilizer materials and filler materials, including mixing through the simultaneous or sequential application of any combination of materials listed in this subsection.

(23) “Application” means the process of placement or usage of fertilizer onto a targeted growing area.

(24) “Director” means the director of the Connecticut Agricultural Experiment Station.

(25) “Commissioner” means the Commissioner of Agriculture.

(February, 1965, P.A. 198, S. 2; P.A. 73-278, S. 1, 21; P.A. 95-79, S. 84, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 09-229, S. 4.)

*Note: Public act 09-229 is entitled “An Act Concerning Milk Producers, Milk and Milk Products, Agricultural Not-For-Profit Organizations and the Modernization of Connecticut Fertilizer Law”. (See Reference Table captioned “Public Acts of 2009” in Volume 16 which lists the sections amended, created or repealed by the act.)

History: P.A. 73-278 replaced “director” with “commissioner of agriculture” or “commissioner” and in Subdiv. (e)(1)(C) required guarantee of substances or compounds by both commissioner and director, rather than by director alone and included guarantees of harmful substances as well as of beneficial ones and added Subdiv. (n) defining “commissioner” as commissioner of agriculture; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 09-229 replaced former definitions with new definitions in Subdivs. (1) to (25), effective July 1, 2009.