As used in this chapter:

(1)  “Adulterated fertilizer” means a fertilizer or soil amendment that:

Terms Used In Utah Code 4-13-102

  • 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.
  • Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102
  • Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102
  • Guaranteed analysis: means the minimum percentage by weight of plant nutrients claimed in the following order and form:
Total Nitrogen (N)
____ percent. See Utah Code 4-13-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (a)  contains a deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with the directions for use on the label;

    (b)  has a composition that falls below or differs from that which the composition is purported to possess by the composition’s labeling;

    (c)  contains unwanted crop or weed seed; or

    (d)  exceeds levels of metals permitted by the United States Environmental Protection Agency.

    (2)  “Beneficial substances or compounds” means a substance or compound other than primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to be beneficial to one or more species of plants when applied exogenously.

    (3)  “Biostimulant” means a product containing naturally-occurring substances and microbes that are used to stimulate plant growth, enhance resistance to plant pests, and reduce abiotic stress.

    (4)  “Blender” means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both.

    (5)  “Brand” means a term, design, or trade mark used in connection with one or several grades of fertilizer or soil amendment.

    (6)  “Bulk fertilizer” means fertilizer delivered to the purchaser either in solid or liquid state in a non-packaged form to which a label cannot be attached.

    (7)  “Custom blend” means a fertilizer blended according to specification provided to a blender in a soil test nutrient recommendation or to meet the specific consumer request before blending.

    (8)  “Deficiency” means the amount of nutrient found by analysis to be less than that guaranteed.

    (9)  “Derivation” means the source from which the guaranteed nutrients are derived.

    (10)  “Distribute” means to import, consign, manufacture, produce, compound, mix, blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state.

    (11)  “Distributor” means a person who distributes.

    (12)  “Fertilizer” means a substance that contains one or more recognized plant nutrients that is used for the substance’s plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule.

    (13)  “Fertilizer material” means a fertilizer that contains:

    (a)  quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate (P2O5), Potash (K2O);

    (b)  85% plant nutrients in the form of a single chemical compound; or

    (c)  plant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration.

    (14)  “Grade” means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis.

    (15) 

    (a)  “Guaranteed analysis” means the minimum percentage by weight of plant nutrients claimed in the following order and form:

    Total Nitrogen (N)
    ____ percent