Terms Used In Iowa Code > Chapter 200 - Fertilizers and Soil Conditioners

• 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.
• Ammonium nitrate: means a compound that is chiefly composed of ammonium salt of nitric acid which contains not less than thirty-three percent nitrogen, one-half of which is in the ammonium form and one-half in the nitrate form. See Iowa Code 200.3
• anhydrous ammonia: means the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume. See Iowa Code 200.3
• Anhydrous ammonia plant: means a facility used for the manufacture or distribution of the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume. See Iowa Code 200.3
• brand: means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. See Iowa Code 200.3
• City: means a municipal corporation, but not including a county, township, school district, or any special-purpose district or authority. See Iowa Code 172D.1
• commercial fertilizer: includes fertilizer and fertilizer materials and fertilizer-pesticide mixtures. See Iowa Code 200.3
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
• Delivery: means the transfer of title to and possession of grain by a seller to a grain dealer or to another person in accordance with the agreement of the seller and the grain dealer. See Iowa Code 203.8
• Department: means the department of agriculture and land stewardship. See Iowa Code 200.3
• distributor: means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise distributes commercial fertilizer in this state. See Iowa Code 200.3
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Established date of operation: means the date on which an anhydrous ammonia plant commenced operating. See Iowa Code 200.3
• Established date of ownership: means the date of the recording of an appropriate instrument of title establishing the ownership of real estate. See Iowa Code 200.3
• 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: means any substance containing one or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use and claimed to have value in promoting plant growth except unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity. See Iowa Code 200.3
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Fund: means the grain depositors and sellers indemnity fund created in section 203D. See Iowa Code 203D.1
• grade: means the percentages of total nitrogen, available phosphorus or P2O5 or both, and soluble potassium or K2O or both stated in whole numbers in same terms, order and percentages as in the "guaranteed analysis". See Iowa Code 200.3
• guaranteed analysis: shall mean the minimum percentage of plant nutrients claimed and reported as Total Nitrogen (N), Available Phosphorus (P) or P2O5 or both, Soluble Potassium (K) or K2O or both and in the following form:
  Total Nitrogen (N)                       . See Iowa Code 200.3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Law enforcement officer: means a state patrol officer, a sheriff, or other peace officer so designated by this state or by a county or municipality. See Iowa Code 172B.1
• Licensee: means a person licensed under section 200. See Iowa Code 200.3
• Local governmental entity: means any political subdivision, or any state authority which is not the general assembly or under the direction of a principal central department as enumerated in section 7E. See Iowa Code 200.22
• Local legislation: means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity. See Iowa Code 200.22
• Nuisance: means public or private nuisance as defined by statute or by the common law. See Iowa Code 200.3
• Nuisance action or proceeding: means an action, claim or proceeding brought at law, in equity, or as an administrative proceeding, which is based on nuisance. See Iowa Code 200.3
• official sample: means any sample of commercial fertilizer taken by the secretary or the secretary's agent. See Iowa Code 200.3
• Organic agricultural product: means the same as defined in section 190C. See Iowa Code 200.3
• Owner: means the person holding record title to real estate, and includes both legal and equitable interest under recorded real estate contracts. See Iowa Code 200.3
• 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.
• Payment: means the actual payment or tender of payment by a grain dealer to a seller of the agreed purchase price, or in the case of disputes as to sales of grain, the undisputed portion of the purchase price without reduction for any separate claim of the grain dealer against the seller. See Iowa Code 203.8
• person: includes individual, partnership, association, firm, and corporation. See Iowa Code 200.3
• Rule: includes "regulation". See Iowa Code 4.1
• sale: includes exchange. See Iowa Code 200.3
• Secretary: means the secretary of agriculture. See Iowa Code 200.3
• Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
• soil conditioner: is a ny substance which when added to the soil or applied to plants will produce a favorable growth, yield or quality of crop or soil flora or fauna or other soil characteristics, other than a fertilizer, recognized pesticide, unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity. See Iowa Code 200.3
• 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 and may include commercial fertilizers used for research or experimental purposes. See Iowa Code 200.3
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• Statute: A law passed by a legislature.
• ton: means a net weight of two thousand pounds avoirdupois. See Iowa Code 200.3
• United States: includes all the states. See Iowa Code 4.1
• year: means twelve consecutive months. See Iowa Code 4.1