In this Subpart, the following definitions shall apply:

(1)  “Adulteration” means any of the following situations:

(a)  Where a commercial fertilizer contains any material not specifically declared to be a component of the fertilizer.

(b)  Where materials which are likely to cause injury or damage to crop plants are present.

(c)  Where materials containing nitrogen in a form which is but slightly available to plants are added to make up a part of the nitrogen guarantee.

(d)  Where the actual analysis is lower than the guaranteed analysis.

(2)  “Brand” means name, trademark, or other designation under which a commercial fertilizer is sold.

(3)  “Commissioner” means the commissioner of agriculture and forestry and his duly authorized representatives.

(4)  “Fertilizer” means all materials, not otherwise excluded from the definition, sold for the purpose of promoting the growth of plants or exerting beneficial action on the soil.  Materials specifically excluded from the definition are: lime; limestone; marl; gypsum; sulphur; unground bones when unmixed with other substances; and manure or excrement from any domestic animal, provided it has not been dried or otherwise treated.

(5)  “Guarantor” means a person who manufactures, sells, or offers fertilizer for sale under his name or brand.

(6)  “Manufacture” means the mixing, comingling of brands, blending, extracting, compounding, or chemical reaction of a substance or substances.

(7)  “Package” means parcel, bag, or other container.

(8)  “Premise” means place, warehouse, store, truck, railroad car, boat, etc.

(9)  “Registrant” means a person who has been registered by the commission, as required by La. Rev. Stat. 3:1413.

(10)  “Sell”, “sold”, or “for sale” means the act of selling, exposing, or offering for sale, trading, using, or distributing.

(11)  “Specialty fertilizer” means any commercial fertilizer distributed in packages containing sixteen fluid ounces or less for liquids or one pound or less for solids and designed primarily for use on household plants grown for noncommercial purposes.

(12)  “State chemist” means the director of the Louisiana Agricultural Experiment Station of the Louisiana State University Agricultural Center, or his designee.

Acts 2010, No. 579, §1; Acts 2013, No. 26, §5, eff. May 23, 2013.