Terms Used In Tennessee Code > Title 43 > Chapter 11 - Fertilizers and Liming Materials

• Agricultural liming materials: means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity, and including, but not limited to, limestone, burnt lime, hydrated lime, marl, industrial by-products, calcitic limestone, dolomatic limestone, and ground shells. See Tennessee Code 43-11-402
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• AOAC: means the Association of Official Analytical Chemists. See Tennessee Code 43-11-402
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Brand: means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale. See Tennessee Code 43-11-402
• Bulk: means material or product in nonpackaged form. See Tennessee Code 43-11-402
• Business: means a business organization in any form, institution, association, profession, occupation or calling of any kind, whether or not conducted for profit. See Tennessee Code 12-4-702
• Calcium carbonate equivalent: means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate. See Tennessee Code 43-11-402
• Commercial fertilizer: means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that 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. See Tennessee Code 43-11-103
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-11-103
• Commissioner: means the commissioner of agriculture or the commissioner's duly authorized representatives. See Tennessee Code 43-11-402
• 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.
• 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.
• Deficiency: means the amount of nutrient found by analysis less than that guaranteed that may result from a lack of nutrient ingredients or from a lack of uniformity. See Tennessee Code 43-11-103
• Distributor: means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state. See Tennessee Code 43-11-103
• 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.
• Grade: means the percentages 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". See Tennessee Code 43-11-103
• guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:
  (i)

  Total Nitrogen (N) . See Tennessee Code 43-11-103

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample. See Tennessee Code 43-11-103
• 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.
• Label: means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer. See Tennessee Code 43-11-103
• Label: means any written or printed matter on or attached to the package or on the delivery ticket that accompanies bulk shipments. See Tennessee Code 43-11-402
• Labeling: means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer. See Tennessee Code 43-11-103
• 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}
• Local legislation: means , but is not limited to, any ordinance, motion, resolution, amendment, regulation or rule adopted by a political subdivision. See Tennessee Code 43-11-103
• Manufacturer: means any person in the business of making, shaping, or packaging an agricultural liming material into a form that will remain virtually unaltered until it reaches the hands of the final consumer. See Tennessee Code 43-11-402
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Mixed fertilizer: is a commercial fertilizer containing any combination or mixtures of fertilizer materials designed for use or claimed to have value in promoting plant growth. See Tennessee Code 43-11-103
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official sample: means any sample of commercial fertilizer taken by the commissioner or the commissioner's agent and designated as "official" by the commissioner. See Tennessee Code 43-11-103
• other state entities: includes counties, cities, municipalities, and any other political subdivision of this state. See Tennessee Code 12-4-601
• Overall index value: means the value of a fertilizer as determined by comparing the value guaranteed with the value found, using as a basis for value the commercial value of a nutrient or ingredient per §. See Tennessee Code 43-11-103
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: means the percentage by weight. See Tennessee Code 43-11-103
• percentage: means percent or percentage as measured by weight. See Tennessee Code 43-11-402
• Person: includes an individual, partnership, association, firm, and corporation. See Tennessee Code 43-11-103
• Person: means an individual, partnership, association, firm or corporation. See Tennessee Code 43-11-402
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Political subdivision: means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state. See Tennessee Code 43-11-103
• Property: means anything of value, including, but not limited to, real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, electric or other power and signatures which purport to create, maintain or extinguish any legal obligation. See Tennessee Code 12-4-702
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Registrant: means the person who registers commercial fertilizer under this part. See Tennessee Code 43-11-103
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Service: includes , but is not limited to: labor. See Tennessee Code 12-4-702
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ton: means a net weight of two thousand pounds (2,000 lbs. See Tennessee Code 43-11-103
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Weight: means the weight of undried material as offered for sale. See Tennessee Code 43-11-402
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105