(1) "Agricultural amendment":

(a) Means a mixed or unmixed synthetic chemical substance, a chemically or physically modified natural substance, a naturally occurring substance or a manufacturing by-product, or a combination of those substances or by-products, intended to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil.

(b) Does not mean any of the following:

(A) Fertilizer products.

(B) Agricultural mineral products.

(C) Lime products.

(D) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis.

(E) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B.

(F) Reclaimed water or treated effluent regulated under ORS 468B.010 and 468B.015 or rules adopted under ORS 468.020.

(2) "Agricultural mineral":

(a) Means a mineral substance, mixture of mineral substances or mixture of mineral and organic substances containing less than five percent of total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O), singly, collectively or in combination, designed for use principally as a source of plant food, in inducing increased crop yields or plant growth or producing any physical, microbial or chemical change in the soil.

(b) Does not mean any of the following:

(A) Fertilizer products.

(B) Agricultural amendment products.

(C) Lime products.

(D) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis.

(E) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B.

(F) Reclaimed water or treated effluent regulated under ORS 468B.010 and 468B.015 or rules adopted under ORS 468.020.

(G) Unpackaged animal manures from facilities required to have a permit issued under ORS 468B.050 and subject to State Department of Agriculture rules governing confined animal feeding operations.

(3) "Available phosphate" means the sum of the water soluble and citrate soluble phosphate.

(4) "Bulk" means a fertilizer, agricultural amendment, agricultural mineral or lime product, or a custom mix, that is distributed in unpackaged form, such as rail cars, closed or open tanks, closed or open trailers, spreader trucks or other types of containers, vehicles or conveyances as determined by the department by rule.

(5) "Compost" means a substance derived primarily or entirely from the decomposition of vegetative or animal organic material that is distributed for the purpose of promoting or stimulating plant growth and to which no fertilizer, agricultural amendment, agricultural mineral or lime product is added other than to promote decomposition.

(6) "Custom medium" means a custom mix that consists of a horticultural growing medium prepared to the exact specifications of a horticultural grower that plants into the medium and delivers the resulting product to the end user without further distribution.

(7) "Custom mix" means a mixture of fertilizer, agricultural amendment, agricultural mineral or lime product, each lot or batch of which is mixed according to the specific instructions of or is prescribed for the special use of the final purchaser.

(8) "Department" means the State Department of Agriculture.

(9) "Director" means the Director of Agriculture.

(10) "Distribute" means to import, consign, sell, offer for sale, barter, exchange or otherwise facilitate the supplying of fertilizer, agricultural amendment, agricultural mineral or lime products.

(11) "Distributor" means a person who distributes fertilizer, agricultural amendment, agricultural mineral or lime products.

(12) "Fertilizer":

(a) Means any substance, or any combination or mixture of substances, that is designed for use primarily as a source of plant food, in inducing increased crop yields or plant growth, or producing any physical, microbial or chemical change in the soil, and that contains five percent or more of total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O), singly, collectively or in combination.

(b) Does not mean any of the following:

(A) Agricultural amendment products.

(B) Agricultural mineral products.

(C) Lime products.

(D) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis.

(E) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B.

(F) Reclaimed water or treated effluent regulated under ORS 468B.010 and 468B.015 or rules adopted under ORS 468.020.

(13) "Grade" means the minimum percentage claimed for total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O) stated in the same terms, order and percentages as the guaranteed analysis.

(14) "Guaranteed analysis" means the minimum percentage of the following claimed to be present in a product:

(a) Primary nutrients;

(b) Secondary nutrients;

(c) Micronutrients;

(d) Neutralizing capacity; or

(e) Substances claimed to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil.

(15) "Horticultural growing medium" means any substance or mix of substances that is promoted or intended to function as artificial soil for the managed growth of horticultural crops.

(16) "Label" means all written, printed or graphic matter on the immediate container or on a separate document accompanying any fertilizer, agricultural amendment, agricultural mineral or lime product.

(17) "Labeling" means a printed or verbal representation used to promote the distribution of any fertilizer, agricultural amendment, agricultural mineral or lime product, including but not limited to a representation by means of:

(a) Brochures;

(b) Posters;

(c) Internet;

(d) Television; and

(e) Radio.

(18) "Lime" means any substance or mixture of substances having calcium or magnesium compounds capable of neutralizing soil acidity.

(19) "Lime score" means a numerical expression of the quality of lime, as determined by the department by rule.

(20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage or otherwise alter the composition of fertilizer, agricultural amendment, agricultural mineral or lime product.

(21) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na) or zinc (Zn).

(22) "Official sample" means any representative sample of product taken by the department or a representative of the department and designated as official.

(23) "Package" means any closed container, regardless of size, other than the receptacle of a bulk product.

(24) "Percent" or "percentage" means percentage by weight.

(25) "Phosphate" means the amount of pentavalent phosphorus present in the material calculated as phosphorus pentoxide (P2O5) and expressed as available phosphate.

(26) "Primary nutrient" means total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O).

(27) "Product" means a readily distinguishable, individually labeled substance.

(28) "Registrant" means the person who registers a fertilizer, agricultural amendment, agricultural mineral or lime product under ORS 633.362.

(29) "Secondary nutrient" means calcium (Ca), magnesium (Mg) or sulfur (S).

(30) "Soluble potash" means the portion of potash that is soluble in aqueous ammonium oxalate, aqueous ammonium citrate or water.

(31) "Ton" means 2,000 pounds avoirdupois.

(32) "Waste-derived product":

(a) Means any of the following:

(A) Fertilizer, agricultural amendment, agricultural mineral or lime product derived in whole or in part from hazardous waste as defined in ORS 466.005 or in rules adopted under ORS 466.015 and 466.020.

(B) Solid waste as defined in ORS 459.005 or in rules adopted under ORS 459.045.

(C) Industrial waste as defined in ORS 468B.005 or in rules adopted under ORS 468B.035.

(b) Does not mean:

(A) Biosolids, biosolids-derived products, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; or

(B) Reclaimed water or treated effluent regulated under ORS 468B.010 and 468B.015 or rules adopted under ORS 468.020. [2001 c.914 §2; 2009 c.97 §1; 2015 c.514 §4]