Terms Used In North Carolina General Statutes > Chapter 106 > Article 56 - North Carolina Commercial Fertilizer Law

• brand name: means the name under which any individual mixed fertilizer or fertilizer material is offered for sale, and may include a trademark, but shall not include any numeral other than the grade of the fertilizer. See North Carolina General Statutes 106-657
• commercial fertilizer: includes both fluid and dry mixed fertilizer and/or fertilizer materials. See North Carolina General Statutes 106-657
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• contractor: means any person, firm, corporation, wholesaler, retailer, distributor or any other person, who for hire or reward applies commercial fertilizer to the soil or crop of a consumer; provided, that this shall not apply to any consumer applying commercial fertilizer to only the land or crop that he owns or to which he otherwise holds rights, for the production of his own crops. See North Carolina General Statutes 106-657
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• distributor: means any person who offers for sale, sells, barters, or otherwise supplies mixed fertilizer or fertilizer materials. See North Carolina General Statutes 106-657
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• fertilizer material: means any substance containing either nitrogen, phosphorus, potassium, or any other recognized plant food element or compound which is used primarily for its plant food content or for compounding mixed fertilizers. See North Carolina General Statutes 106-657
• fluid fertilizer: means a nonsolid commercial fertilizer. See North Carolina General Statutes 106-657
• following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
• fortified mulch: means substances composed primarily of plant remains or mixtures of such substances to which plant food has been added and for which plant food is claimed. See North Carolina General Statutes 106-657
• grade: means the percentage of total nitrogen, available phosphate and soluble potash only stated in the order given in this subdivision, and, when applied to mixed fertilizers, shall be in whole numbers only for all packages larger than 16 ounces. See North Carolina General Statutes 106-657
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• manufacture: means preparing, mixing, or combining fertilizer materials chemically or physically, including the simultaneous application of two or more fertilizer materials, by a manufacturer or contract applicator. See North Carolina General Statutes 106-657
• manufacturer: means a person engaged in the business of preparing, mixing, or manufacturing commercial fertilizers or the person whose name appears on the label as being responsible for the guarantee. See North Carolina General Statutes 106-657
• mixed fertilizers: means products resulting from the combination, mixture, or simultaneous application of two or more fertilizer materials for use in, or claimed to have value in promoting plant growth. See North Carolina General Statutes 106-657
• month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
• official sample: means any sample of commercial fertilizer taken by the Commissioner or his authorized agent according to the method prescribed in subsection (b) of N. See North Carolina General Statutes 106-657
• percentage: means the percentage by weight. See North Carolina General Statutes 106-657
• person: includes individuals, partnerships, associations, firms, agencies, and corporations, or other legal entity. See North Carolina General Statutes 106-657
• Personal property: All property that is not real property.
• personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• retailer: means any person who sells or delivers fertilizer to a consumer. See North Carolina General Statutes 106-657
• sale: means any transfer of title or possession, or both, exchange or barter of tangible personal property, conditional or otherwise for a consideration paid or to be paid, and this shall include any of said transactions whereby title or ownership is to pass and shall further mean and include any bailment, loan, lease, rental or license to use or consume tangible personal property for a consideration paid in which possession of said property passes to the bailee, borrower, lessee, or licensee. See North Carolina General Statutes 106-657
• seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
• sell: means the alienation, exchange, transfer or contract for such transfer of property for a fixed price in money or its equivalent. See North Carolina General Statutes 106-657
• specialty fertilizer: means any fertilizer distributed primarily for use on noncommercial crops such as gardens, lawns, shrubs, flowers, golf courses, cemeteries and nurseries. See North Carolina General Statutes 106-657
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• ton: means a net ton of two thousand pounds avoirdupois. See North Carolina General Statutes 106-657
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• wholesaler: shall mean any person who sells to any other person for the purpose of resale, and who also may sell to a consumer. See North Carolina General Statutes 106-657