Section 143. Definitions

When  used  in  this  article,  unless  otherwise
  expressly stated:
    a.  The  term  "commercial  fertilizer"  shall  mean  any   substances
  containing  one or more recognized plant nutrients 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, agricultural liming material, wood ashes, gypsum and
  other products exempted by regulation of the commissioner.
    b. The term "specialty fertilizer" shall mean a commercial  fertilizer
  distributed  primarily  for  non-farm  use, such as home gardens, lawns,
  shrubbery,  flowers,  golf   courses,   municipal   parks,   cemeteries,
  greenhouses  and  nurseries,  and such other use as the commissioner may
  define by regulation.
    c. The term "bulk  fertilizer"  shall  mean  a  commercial  fertilizer
  distributed in a non-packaged form.
    d. The term "brand" shall mean a term, name, design, or trademark used
  in connection with one or several grades of commercial fertilizer.
    e.  The  term  "guaranteed  analysis"  shall  mean  a statement of the
  minimum percentage of plant nutrients claimed expressed in the order and
  form provided in section one hundred forty-four hereof.
    f. The term "custom mix" means a  mixture  of  fertilizer  ingredients
  blended  or  manufactured  to a particular customer's specifications and
  for his personal use and not offered for resale.
    g. The term "grade" shall mean  the  percentages  of  total  nitrogen,
  available  phosphoric  acid  and  soluble potash stated in the order and
  form required in the guaranteed analysis.
    h.  The  term  "official  sample"  means  any  sample  of   commercial
  fertilizer  taken  by  the  commissioner or his agent in accordance with
  section one hundred forty-six-a hereof and designated as  "official"  by
  the commissioner.
    i.  The  term  "ton"  means  a  net  weight  of  two  thousand  pounds
  avoirdupois.
    j. The term "per cent" or "percentage" means the percentage by weight.
    k. The term "distribute"  means  to  offer  for  sale,  sell,  barter,
  exchange   or   otherwise   supply   commercial  fertilizers.  The  term
  "distributor" means any person who distributes and includes, but is  not
  limited  to,  manufacturing  plants,  blending  plants  and bulk storage
  facilities.
    l. The term "person" includes  individual,  partnership,  association,
  firm or corporation.
    m.  The term "licensee" shall mean a person whose license, pursuant to
  section  one  hundred  forty-six  hereof,  has  been   issued   by   the
  commissioner and is still in effect.
    n.  Words  importing  the singular number may extend and be applied to
  several persons or things and words  importing  the  plural  number  may
  include the singular.
    o.  The  term  "fertilizer  material" is a commercial fertilizer which
  either:
    1. Contains important quantities of no more than one  of  the  primary
  plant nutrients (nitrogen, phosphoric acid and potash), or
    2.  Has  approximately  eighty-five  per  cent  of  its plant nutrient
  content present in the form of a single chemical compound, or
    3. Is derived from a plant  or  animal  residue  or  by-product  or  a
  natural material deposit which has been processed in such a way that its
  content  of  primary  plant  nutrients  has  not been materially changed
  except by purification and concentration.
    p. The term "mixed fertilizer" is a commercial  fertilizer  containing
  any combination or mixture of fertilizer materials.

    q.  The  term  "label"  means  the  display of all written, printed or
  graphic matter upon the immediate container or statement accompanying  a
  commercial fertilizer.
    r.  The term "labelling" means all written, printed or graphic matter,
  upon or  accompanying  any  commercial  fertilizer,  or  advertisements,
  brochures, posters, television and radio announcements used in promoting
  the sale of such commercial fertilizers.
    s.  The  term "commissioner" means the commissioner of agriculture and
  markets.