The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Brand." A term, design or trademark used in connection with one or several grades of fertilizer.

"Bulk fertilizer." A fertilizer distributed in a nonpackaged form.

"By-product." Municipal waste or residual waste as defined in the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, that contains a plant nutrient and meets all the applicable regulations of the Department of Environmental Protection.

"Consumer." A person who purchases fertilizer for the end use of the product.

"Deficiency." The amount of nutrient found by analysis to be less than that guaranteed.

"Department." The Department of Agriculture of the Commonwealth.

"Distribute." To import, consign, offer for sale, sell, barter or otherwise supply fertilizer in this Commonwealth.

"Facility." Each separate mill or plant that manufactures fertilizer.

"Fertilizer." Any substance, including fertilizer material, mixed fertilizer, specialty fertilizer and bulk fertilizer, 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, except unmanipulated animal and vegetable manure, agricultural liming materials, wood ashes and other materials exempted by regulation by the Department of Agriculture.

"Fertilizer material." A fertilizer which:

(1) contains only one of the following primary plant nutrients: nitrogen, phosphate or potash;

(2) has 85% or more of its plant nutrient content present in the form of a single chemical compound; or

(3) is derived from a plant or animal residue, by-product, coproduct as defined in regulation or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.

"Grade." 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 except that, with respect to specialty fertilizers, fertilizer materials, bone meal, manures and similar materials, the guaranteed analysis may be stated in fractional units.

"Guaranteed analysis." The minimum percentage of plant nutrients claimed in the following order and form:

Total nitrogen (N)

%

Available phosphate (P2O5)

%

Soluble potash (K2O)

%

For other organic phosphatic materials, the total phosphate or degree of fineness may also be guaranteed. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be established by regulation.

"Guarantor." The person whose name and address appears on the label of a fertilizer.

"Label." The display of all written, printed or graphic matter upon the immediate container or a statement accompanying a fertilizer.

"Labeling." All written, printed or graphic matter upon or accompanying any fertilizer or advertisements, brochures, posters or electronic media used in promoting the distribution of fertilizer.

"Manufacture." To produce, mix, blend, repackage or further process fertilizer or fertilizer material for distribution.

"Micronutrient." Any of the following: boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium and zinc.

"Official sample." A sample of fertilizer taken by the Department of Agriculture or its agent to effect the provisions of this chapter and designated as official.

"Overall index value." The value obtained from the calculation: (commercial value found) x 100/(commercial value guaranteed).

"Percent" or "percentage." A percentage by weight.

"Person." An individual, partnership, association, firm, corporation or any other legal entity.

"Plant nutrient." Any of the following: primary nutrient, secondary nutrient and micronutrient.

"Primary nutrient." Any of the following: total nitrogen, available phosphate and soluble potash.

"Secondary nutrient." Any of the following: calcium, magnesium and sulfur.

"Secretary." The Secretary of Agriculture of the Commonwealth or the secretary's designee.

"Specialty fertilizer." A fertilizer distributed for nonfarm use and fertilizer material primarily intended to supply plant nutrients other than nitrogen, phosphate or potash.

"Tolerance." A permitted variation from the guarantee of an official sample of fertilizer.