As used in this chapter:
(1) "Brand" means the term, designation, trade mark, product name or other specific designation under which individual soil amendments are offered for sale.
(2) "Bulk" means in nonpackaged form.
(3) "Compost" means a soil amending material resulting from the aerobic, thermophyllic, microbial processing of organic materials.
(4) "Composter" means a producer of compost registered with the director under this chapter.
(5) "Composting" means any aerobic, thermophyllic process which allows for the conversion of raw organic materials into a stable soil amendment.
(6) "Distribute" means to import, consign, manufacture, produce, compound, mix or blend soil amendments or offer for sale, sell, barter, or otherwise supply soil amendments in this state.
(7) "Distributor" means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends soil amendments, or who offers for sale, sells, barters, or otherwise supplies soil amendments in this state.
(8) "Investigational allowance" means an allowance for variations inherent in the taking, preparation and analysis of an official sample of soil amendment.
(9) "Label" means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a soil amendment.
(10) "Labeling" means all written, printed or graphic matter, upon or accompanying any soil amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of any soil amendments.
(11) "Minimum percentage" means that percent of soil amending ingredient that must be present in a product before the product will be accepted for registration when mentioned in any form or manner.
(12) "Official sample" means any sample of soil amendment taken by the director or his or her agent and designated as official by the director.
(13) "Other ingredients" means the nonsoil amending ingredients present in soil amendments.
(14) "Percent" or "Percentage" means by weight.
(15) "Person" means individual, partnership, association, firm or corporation.
(16) "Registrant" means the person who registers soil amendments under the provisions of this chapter.
(17) "Soil amending ingredient" means a substance which improves the physical characteristics of the soil.
(18) "Soil amendment" means any substance which is intended to improve the physical characteristics of the soil, except commercial fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, unmanipulated natural substances (charcoal, sand, pumice, and clay, etc.), pesticides, and other material exempted by regulation.
(19) "Soil ingredient form" means the chemical compound such as salt, chelate, oxide, acid, etc., of an ingredient or the physical form of an ingredient.
(20) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
(21) "Weight" means the weight of material as offered for sale.
History of Section.
P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1.