When used in this chapter:

(1) The term “brand” means a term, design, or trademark used in connection with 1 or several grades of commercial fertilizer.

(2) The term “commercial fertilizer” means any substance containing 1 or more recognized plant nutrient(s) 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 other products exempted by regulation of the Secretary;

a. A “fertilizer material” is a commercial fertilizer which either:

1. Contains important quantities of no more than 1 of the primary plant nutrients (nitrogen, phosphate and potash), or

2. Has 85% or more of its plant nutrient content present in the form of a single chemical compound, or

3. Is derived from a plant or animal residue or by-product or a natural material 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;

b. A “mixed fertilizer” is a commercial fertilizer containing any combination of mixture of fertilizer materials;

c. A “specialty fertilizer” is a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries;

d. A “bulk fertilizer” is a commercial fertilizer distributed in a nonpackaged form.

(3) The term “custom blend” means a fertilizer blended according to specifications provided to a blender in a soil test nutrient recommendation or to meet the specific consumer (end user) request(s) prior to blending.

(4) The term “deficiency” means the amount of nutrient found by analysis less than that guaranteed which may result from a lack of nutrient ingredients or from lack of uniformity.

(5) The term “Department” means State Department of Agriculture.

(6) The term “distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer, or soil conditioner, or who offers for sale, sells, barters or otherwise supplies commercial fertilizer or soil conditioner in this State.

(7) The term “grade” means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. Provided, however, that specialty fertilizers may be guaranteed in fractional units of less than 1% of total nitrogen, available phosphate, and soluble potash; provided, further, that fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.

(8) The term “guaranteed analysis” shall mean the minimum percentage of plant nutrients claimed in the following order and form:

a. Total Nitrogen (N) — percent

Available Phosphate (P2O5) — percent

Soluble Potash (K2O) — percent

b. For unacidulated mineral phosphatic materials and basic slag, bone, tankage and other organic phosphate materials, the total phosphate and/or degree of fineness may also be guaranteed;

c. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the Secretary. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the Secretary and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the Secretary;

d. Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton, when required by regulation;

(9) The term “investigational allowance” means an allowance for variations inherent in the taking, preparation and analysis of an official sample of fertilizer.

(10) The term “label” means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer or soil conditioner.

(11) The term “labeling” means any advertising, promotional or promotion of any fertilizer or soil conditioner including, but not limited to, all written, printed, graphic or electronic communication used in promoting the sale of such fertilizer or soil conditioner.

(12) The term “official sample” means any sample of commercial fertilizer or soil conditioner taken by the Secretary or the Secretary’s agent and designated as “official” by the Secretary.

(13) The term “open formula” means mixed fertilizer labeled so as to show in addition to requirements of § 2105 of this title the name and grade of materials and the quantity of each used per ton in compounding or mixing.

(14) The term “percent” or “percentage” means the percentage by weight.

(15) The term “person” includes individual, partnership, association, ?rm and corporation.

(16) The term “registrant” means the person who registers commercial fertilizer or soil conditioner under this chapter.

(17) The term “Secretary” means the Secretary of the State Department of Agriculture or the Secretary’s duly authorized delegates.

(18) The term “soil conditioner” means any substance or mixture of substances, including any plant biostimulant, imported, manufactured, prepared or sold for manurial soil-enriching or soil-corrective purposes or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of plants, improving the quality of crops, or producing any chemical, biochemical, biological or physical change in the soil, except commercial fertilizer as defined in this chapter, unmanipulated animal and vegetable manures, and agricultural liming materials.

(19) The term “ton” means a net weight of 2,000 pounds avoirdupois.

3 Del. C. 1953, § ?2103; 58 Del. Laws, c. 157; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 140, § 1;