Okla. Stat. tit. 2, § 8-77.3 – Definitions

When used in the Oklahoma Fertilizer Act:

1. "Brand" means a term, design, or trademark used in connection with one or several grades of fertilizer;
2. "Broker" means a person who negotiates sales and purchases between a manufacturer, distributor, final consumer, or retailer of commercial fertilizer;
3. "Bulk fertilizer" means a fertilizer distributed in a non-packaged form;
4. "Custom blend" means a fertilizer formulated according to specifications furnished by the final consumer;
5. "Custom blender" means a person who mixes or commingles commercial fertilizer into a custom blend and who distributes the special blend. A custom blender shall not be required to register each grade of fertilizer formulated according to specifications which are furnished by the final consumer prior to mixing;
6. "Deficiency" means the amount of nutrient found by analysis less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity;
7. "Distribute" means to import, consign, manufacture, blend, offer for sale, sell, barter, or supply fertilizer in this state;
8. "Distributor" means any person who distributes fertilizer;
9. "Fertilizer" means any substance containing one or more recognized plant nutrients which are used for its plant nutrient content and is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, and wood ashes;
10. "Fertilizer dealer" means any person operating a business that is engaged in the distribution or sale of a commercial fertilizer. The term "fertilizer dealer" shall not include an ultimate consumer who is engaged in the physical act of application of a commercial fertilizer or a retail store selling only bagged registered commercial fertilizer;
11. "Grade" means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers. Specialty fertilizer may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphate, and soluble potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units;
12. "Guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form:Total Nitrogen (N) __________%Available Phosphate (P2O5) __________%Soluble Potash (K2O) __________%.When any plant nutrients, substances, or compounds are guaranteed, they shall be subject to inspection and analysis;
13. "Guarantor" means the person responsible to the State Board of Agriculture for any claims or guarantees associated with the manufacture, distribution, and use of a commercial fertilizer;
14. "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer;
15. "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer;
16. "Labeling" means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, or television and radio announcements used in promoting the sale of a fertilizer;
17. "Licensee" means the person receiving a license to distribute a fertilizer under the provisions of the Oklahoma Fertilizer Act;
18. "Manipulated manures" means substances composed primarily of animal excreta, plant remains, or mixtures of these substances which have been processed by natural or mechanical drying or composting and no other chemicals have been added;
19. "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials;
20. "Official sample" means any sample of fertilizer taken by an authorized agent of the Board;
21. "Percent" or "percentage" means the portion of each hundred units of weight;
22. "Primary nutrient" means total nitrogen, available phosphate, and soluble potash;
23. "Registrant" means the person registering fertilizer under the provisions of the Oklahoma Fertilizer Act;
24. "Specialty fertilizer" means a fertilizer distributed for non-farm use;
25. "Ton" means a net weight of two thousand (2,000) pounds avoirdupois; and
26. "Unmanipulated manures" means substances composed primarily of excreta, plant remains, or mixtures of these substances which have not been processed in any manner.Historical Data
Added by Laws 2000, HB 1424, c. 367, § 105, emerg. eff. June 6, 2000.