When used in this chapter:
(1) "Commission" means the State Crop Pest Commission or an officer or employee of the commission to whom it delegates its authority.
(2) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by regulation of the commission.
(a) "Fertilizer material" is a commercial fertilizer which either:
1. contains important quantities of no more than one of the primary plant nutrients, nitrogen, phosphoric acid, and potash;
2. has approximately eighty-five percent of its plant nutrient content present in the form of a single chemical compound;
3. is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in a way so that its content of primary plant nutrients has not been changed materially except by purification and concentration.
(b) "Mixed fertilizer" is a commercial fertilizer containing a combination or mixture of fertilizer materials.
(c) "Specialty fertilizer" is a commercial fertilizer distributed primarily for nonfarm use such as home gardens, lawns, shrubbery, flowers, foliage plants, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.
(d) "Bulk fertilizer" is a commercial fertilizer distributed in a nonpackaged form.
(e) "Restricted fertilizer" means a commercial fertilizer having a potential explosive capacity that is determined by the commission to present an unreasonable threat to public safety.
(3) "Brand" means a term, design, or trademark used in connection with one or several grades of commercial fertilizer.
(4) "Guaranteed analysis" means the minimum percentage of plant nutrients claimed in accordance with Section 46-25-30.
(5) "Grade" means the percentage of 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. Fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units.
(6) "Official sample" means a sample of commercial fertilizer taken by the board or its agent and designated "official" by the board.
(7) "Ton" means a net weight of two thousand pounds avoirdupois.
(8) "Percent" means the percentage by weight.
(9) "Unit" of plant nutrient means twenty pounds or one percent of a ton.
(10) "Person" includes individual, partnership, association, firm, and corporation.
(11) "Distributor" means a person who imports, consigns, manufactures, produces compounds of, mixes, or blends commercial fertilizer or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this State.
(12) "Registrant" means the person who registers commercial fertilizer under this chapter.
(13) "Label" means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer.
(14) "Labeling" means all written, printed, or graphic matter upon or accompanying commercial fertilizer or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizers.
(15) "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of commercial fertilizer.
(16) "Soil amendment" includes every substance or mixture of substances that is intended to improve the physical characteristics of the soil, except commercial fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, and other materials exempted by regulation.
(17) "Unmanipulated manure" means substances composed primarily of excreta plant remains or mixtures of the substances which have not been processed.
(18) "Manipulated manures" means substances composed primarily of excreta plant remains or mixtures of the substances which have been processed including the addition of plant foods, drying, grinding, and other means.
(19) "Director" means the Director of Regulatory and Public Service Programs, Clemson University.
(20) "Division" means the Division of Regulatory and Public Service Programs, Clemson University, and its employees, agents, and officials.
HISTORY: 1962 Code Section 3-502; 1952 Code Section 3-501; 1942 Code Section 6367; 1939 (41) 360; 1954 (48) 1509; 1978 Act No. 578 Section 1; 1988 Act No. 395; 1988 Act No. 595, Section 1, eff June 1, 1988; 1992 Act No. 388, Section 2, eff May 15, 1992; 2002 Act No. 340, Section 2, eff June 30, 2002; 2005 Act No. 107, Section 1, eff June 1, 2005.