Terms Used In Montana Code > Title 80 > Chapter 10 > Part 2 - Licensing and Registration

• 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.
• Blending: means the physical mixing or combining, including mixing through simultaneous or sequential application, of any combination of materials to produce a uniform mixture of:

  (a)one or more fertilizer materials with one or more filler materials; or

  (b)two or more fertilizer materials. See Montana Code 80-10-101

• Brand: means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. See Montana Code 80-10-101
• Commercial fertilizer: includes any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, yield, or quality of the crop. See Montana Code 80-10-101
• Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed. See Montana Code 80-10-101
• Distribute: means to offer for sale, sell, barter, or otherwise supply commercial fertilizers or soil amendments. See Montana Code 80-10-101
• 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.
• Grade: means the percentages 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 Montana Code 80-10-101
• Guaranteed analysis: means the minimum percentage of plant nutrients as described in 80-10-102. See Montana Code 80-10-101
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer. See Montana Code 80-10-101
• 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.
• Label: means the display of all written, printed, or graphic matter on a container or a statement accompanying a fertilizer or soil amendment. See Montana Code 80-10-101
• Labeling: means all written, printed, or graphic matter on or accompanying any fertilizer or soil amendment and advertisements, brochures, websites, posters, and television and radio announcements used in promoting the sale of a fertilizer or soil amendment. See Montana Code 80-10-101
• Licensee: means a person licensed under 80-10-202. See Montana Code 80-10-101
• Manufacturer: means a person who manufactures commercial fertilizer or soil amendments. See Montana Code 80-10-101
• Official sample: means any sample of commercial fertilizer taken by the department and designated as official by the department. See Montana Code 80-10-101
• Person: means an individual, partnership, association, firm, or corporation. See Montana Code 80-10-101
• Registrant: means the person who registers a commercial fertilizer or a soil amendment. See Montana Code 80-10-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Soil amendment: means any substance that is intended to improve the physical or chemical characteristics of soil. See Montana Code 80-10-101
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Supplier: means a person who distributes fertilizers or soil amendments into Montana. See Montana Code 80-10-101
• Ton: means a net weight of 2,000 pounds. See Montana Code 80-10-101
• Unmanipulated animal or vegetable manures: means substances composed primarily of excreta, plant remains, or mixtures of those substances that have not been processed in any manner, including the addition of plant nutrients, drying, grinding, and other means. See Montana Code 80-10-101