Delaware Code Title 3 Sec. 2104 – Registration
(a) Each brand and grade of commercial fertilizer shall be registered before being distributed in this State. The application for registration shall be submitted to the Department on a form furnished by the Department, and shall be accompanied by a fee of $1.15 per each grade of each brand, except those fertilizers sold in packages of 10 pounds or less shall be registered at a fee of $40 per each grade of each brand. Upon approval by the Department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(1) The net weight;
(2) The brand and grade;
(3) The guaranteed analysis;
(4) The name and address of the registrant.
Terms Used In Delaware Code Title 3 Sec. 2104
- brand: means a term, design, or trademark used in connection with 1 or several grades of commercial fertilizer. See Delaware Code Title 3 Sec. 2103
- 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;
- Department: means State Department of Agriculture. See Delaware Code Title 3 Sec. 2103
- 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. See Delaware Code Title 3 Sec. 2103
- 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. See Delaware Code Title 3 Sec. 2103
- guaranteed analysis: shall mean the minimum percentage of plant nutrients claimed in the following order and form:
- label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer or soil conditioner. See Delaware Code Title 3 Sec. 2103
- person: includes individual, partnership, association, ?rm and corporation. See Delaware Code Title 3 Sec. 2103
- registrant: means the person who registers commercial fertilizer or soil conditioner under this chapter. See Delaware Code Title 3 Sec. 2103
- 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. See Delaware Code Title 3 Sec. 2103
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Each soil conditioner before being distributed in the State will be registered. The application for this registration will include a label or facsimile thereof for said material, and the Department may require proof to substantiate claims made for the material.
(c) Notwithstanding subsections (a) and (b) of this section, a distributor shall not be required to register any commercial fertilizer or soil conditioner which is already registered under this chapter by another person, providing the label does not differ in any respect.
(d) Also, notwithstanding any other provision of this section, a distributor shall not be required to register custom blends of commercial fertilizer or soil conditioner, but shall be required to register his or her firm at a fee of $100 for each individual facility distributing custom blends in the state and to label such fertilizer as provided in § 2105(b) of this title. All registrations expire on December 31 of each year.
(e) All amendments to the terms of registration or application therefor are subject to fees specified in subsection (a) of this section and § 2106 of this title.
3 Del. C. 1953, § ?2104; 58 Del. Laws, c. 157; 67 Del. Laws, c. 260, § ?1; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 140, § 1;