As used in the Soil Amendment Act:

1. “Active ingredient” or “soil amending ingredient” means:

a.the ingredient or ingredients that affect the physical, chemical, or other characteristics of the soil and improve soil condition, or

b.any natural or synthetic substance when applied to plants or seeds that is intended to improve crop production, germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants;

2. “Adulterated” means and shall apply to any soil amendment if:

a.it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label; or if adequate warning statements and directions for use, necessary to protect plants, animals, or aquatic life are not shown on the label,

b.its composition falls below purported labeling requirements, or

c.it contains noxious weed seed;

3. “Bulk” means in nonpackaged form;

4. “Distribute” means to import, consign, manufacture, blend, offer for sale, sell, barter, or to supply soil amendments to any person in this state;

5. “Distributor” means any person who imports, consigns, manufactures, blends, sells, offers for sale, barters or supplies soil amendments in this state;

6. “Inert ingredient” or “other ingredient” means the ingredients with no beneficial effect that are present in the product;

7. “Label” means the display of written, printed, or graphic matter upon the immediate container of a soil amendment;

8. “Labeling” means all written, printed, or graphic matter upon or accompanying any soil amendment, and all advertisements, brochures, posters, television, or radio announcements used in promoting the sale of a soil amendment;

9. “Manufacturer” means any person who produces, compounds, mixes, or blends soil amendments;

10. “Misbranded” means and shall apply if:

a.any soil amendment bears a label that is false or misleading in any particular,

b.any soil amendment is distributed under the name of another soil amendment,

c.any material is represented as a soil amendment or is represented as containing a soil amendment, unless the soil amendment conforms to the definition of identity, if any, prescribed by rules,

d.the active ingredient in any soil amendment is not shown in the approved ingredient form, or

e.the labeling on any soil amendment is false or misleading in any particular;

11. “Name” means the specific designation under which the individual product is offered for sale;

12. “Percent” or “percentage” means the portion of each one hundred (100) units of weight;

13. “Registrant” means any person who registers a soil amendment under the provisions of the Soil Amendment Act; and

14. “Soil amendment” means any substance which is intended to improve the physical, chemical, or other characteristics of the soil, horticultural growing media, or any natural or synthetic substance applied to plants or seeds that is intended to improve crop production, germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants except the following: commercial fertilizers, agricultural liming materials, agricultural gypsum, unmanipulated animal manures, unmanipulated vegetable manures, and pesticides; provided that commercial fertilizer shall be included if it is represented to contain, as an active ingredient, a substance other than a recognized plant food element or is represented as promoting plant growth by other than supplying a recognized plant food element.

Added by Laws 1975, c. 181, § 3, emerg. eff. May 22, 1975. Amended by Laws 2001, c. 146, § 82, emerg. eff. April 30, 2001. Renumbered from § 1703 of this title by Laws 2001, c. 146, § 255, emerg. eff. April 30, 2001. Amended by Laws 2005, c. 415, § 1, eff. Nov. 1, 2005.