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Commercial Fertilizers

Chapter 128: Section 64. Definitions applicable to secs. 65--83.

Section 64. As used in sections sixty-five to eighty-three, inclusive, the following words shall have the following meanings:ª

"Agricultural lime", all the various forms of lime intended or sold for fertilizing purposes or neutralizing acidity.

"Available phosphoric acid", the sum of the water soluble and citric soluble phosphoric acid.

"Brand", term, design, or trade-mark used in connection with one or several grades of commercial fertilizers.

"Bulk fertilizer", commercial fertilizer distributed in a nonpackaged form.

"Commercial fertilizer", 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, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by regulation of the commissioner.

"Distributor", any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters or otherwise supplies commercial fertilizers in the commonwealth.

"Fertilizer material", commercial fertilizer which either contains important quantities of no more than one of the primary plant nutrients; nitrogen,
phosphoric acid and potash, or has approximately eighty-five per cent 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 deposit which 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", the percentage 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, provided, however, that fertilizer materials, bone meal, manures,
and similar raw materials may be guaranteed in fractional units.

"Guaranteed Analysis", the minimum percentage of plant nutrients claimed in the following order and form: total nitrogen (N), with the percentage thereof, available phosphoric acid (P%l2%lO$YSB5@), with the percentage thereof, and soluble potash (K$YSB2@O), with the percentage thereof.

"Gypsum or land plaster", crude calcium sulphate, and may contain twenty per cent of combined water.

"Investigational allowance", an allowance for variations inherent for the taking, preparation and analysis of an official sample of commercial
fertilizers.

"Label", the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer, soil conditioner, or agricultural liming material.

"Labeling", all written, printed or graphic matter upon or accompanying any commercial fertilizer, or advertisements, brochures, posters and
television and radio announcements used in promoting the sale of such commercial fertilizers.

"Mixed fertilizer", commercial fertilizers containing any combination or mixture of fertilizer materials.

"Official sample", any sample of commercial fertilizer taken by the commissioner or his deputy and designated as "official" by the said commissioner or his deputy.

"Phosphoric acid", phosphoric anhydride (P%l2%lO$YSB5@).

"Potash", potassium oxide (K%l2%lO).

"Soil conditioner", any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum. Examples of unmanipulated vegetable manures are hay, straw, peat, and leaf mold. Charcoal, sand, pumice, and clay, are unmanipulated natural substances.

Substances sold or offered for sale as soil conditioners must be registered.

"Specialty fertilizer", 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 weight of two thousand pounds avoirdupois.

"Per cent or Percentage", means the per cent by weight.