As used in this act, unless the context otherwise requires:

1. 1. "Soil amendment" means and includes any substance which is intended to improve the physical, chemical or other characteristics of the soil or improve crop production, except the following: Commercial fertilizers, agricultural liming materials, agricultural gypsum, unmanipulated animal manures, unmanipulated vegetable manures and pesticides; provided that, commercial fertilizer shall be included if it is represented to contain, as an active ingredient, a substance other than a recognized plant food element or is represented as promoting plant growth by other than supplying a recognized plant food element;
2. 2. "Name" means the specific designation under which the individual product is offered for sale;
3. 3. "Bulk" means in nonpackaged form;
4. 4. "Distribute" means to import, consign, offer for sale, sell, barter or to otherwise supply soil amendments to any person in this state;
5. 5. "Distributor" means and includes any person who imports, consigns, sells, offers for sale, barters or otherwise supplies soil amendments in this state;
6. 6. "Manufacturer" means any person who produces, compounds, mixes or blends soil amendments;
7. 7. "Label" means the display of written, printed or graphic matter upon the immediate container of a soil amendment;
8. 8. "Labeling" means all written, printed or graphic matter upon or accompanying any soil amendment, and all advertisements, brochures, posters, television or radio announcements used in promoting the sale of such soil amendment;
9. 9. "Board" means the State Board of Agriculture of the State Department of Agriculture of the State of Oklahoma;
10. 10. "Active ingredient" means the ingredient or ingredients which affect the physical, chemical or other characteristics of the soil and thereby improve soil condition;
11. 11. "Inert ingredient" means the ingredients which do not have any beneficial effect but are present in the product;
12. 12. "Person" means individuals, partnerships, associations and corporations;
13. 13. "Percent" or "percentage" means by weight;
14. 14. "Registrant" means any person who registers a soil amendment under the provisions of this act;

15. 15. "Misbranded" means and shall apply if:

    1. a. any soil amendment bears a label that is false or misleading in any particular,
    2. b. any soil amendment is distributed under the name of another soil amendment,
    3. c. any material is represented as a soil amendment or is represented as containing a soil amendment, unless such soil amendment conforms to the definition of identity, if any, prescribed by regulation,
    4. d. the percentage of active ingredient in any soil amendment is not shown in the approved ingredient form, or
    5. e. the labeling on any soil amendment is false or misleading in any particular; and

16. 16. "Adulterated" means and shall apply to any soil amendment if:

    1. a. it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plants, animals or aquatic life when applied in accordance with the directions for use shown on the label; or if adequate warning statements and directions for use, which may be necessary to protect plants, animals or aquatic life are not shown on the label,
    2. b. its composition falls below that which it is purported to possess by its labeling, or
    3. c. it contains noxious weed seed.

Laws 1975, c. 181, § 3, emerg. eff. May 22, 1975.