Terms Used In Delaware Code > Title 3 > Chapter 21 - Commercial Fertilizers and Soil Conditioners

• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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;

  a. See Delaware Code Title 3 Sec. 2103

• 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. See Delaware Code Title 3 Sec. 2103
• 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:

  a. See Delaware Code Title 3 Sec. 2103

• 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
• 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. See Delaware Code Title 3 Sec. 2103
• mixed fertilizer: is a commercial fertilizer containing any combination of mixture of fertilizer materials;

  c. See Delaware Code Title 3 Sec. 2103

• 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. See Delaware Code Title 3 Sec. 2103
• 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. See Delaware Code Title 3 Sec. 2103
• percentage: means the percentage by weight. See Delaware Code Title 3 Sec. 2103
• person: includes individual, partnership, association, ?rm and corporation. See Delaware Code Title 3 Sec. 2103
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Quorum: The number of legislators that must be present to do business.
• registrant: means the person who registers commercial fertilizer or soil conditioner under this chapter. See Delaware Code Title 3 Sec. 2103
• Secretary: means the Secretary of the State Department of Agriculture or the Secretary's duly authorized delegates. 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• ton: means a net weight of 2,000 pounds avoirdupois. See Delaware Code Title 3 Sec. 2103