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3-262. Definitions

A. As used in this article the substances and mixtures of substances referred to in section 3-261 are defined as follows:

1. " Animal manures" means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those that have been used for bedding, sanitary or feeding purposes for the animals or fowls or for the preservation of animal manure.

2. " Commercial fertilizer" means any substance that contains 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, except unmanipulated animal and vegetable manures, and other products exempted by rule.

3. " Fertilizer material" means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil.

B. In this article, unless the context otherwise requires:

1. " Associate director" means the associate director of the environmental services division of the Arizona department of agriculture.

2. " Brand" means a term, design or trademark used in connection with one or several grades of commercial fertilizer.

3. " Bulk" means fertilizer materials delivered to the purchaser in the solid or liquid state, in a nonpackaged form to which a label cannot be attached.

4. " Distributor" means any person who offers for sale, sells, barters, solicits business or otherwise supplies fertilizer materials.

5. " Grade" means the percentage of total nitrogen, available phosphate or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. Fertilizer materials, bone meal, manures and similar raw materials may be guaranteed in fractional units.

6. " Manufacture" means to compound, produce, granulate, mix, blend or alter the composition of fertilizer materials.

7. " Mixed fertilizer" means any combination of fertilizer materials coming within the classification of commercial fertilizers.

8. " Official sample" means any sample of fertilizer materials taken by the associate director or the associate director’s agent and designated as official by the associate director.

9. " Per cent" or " percentage" means the percentage by weight.

10. " Person" includes individual, partnership, association, firm or corporation.

11. " Primary plant nutrient" means total nitrogen, available phosphate or soluble potash.

12. " Sell" or " sale" includes exchange.

13. " Ton" means a net weight of two thousand pounds avoirdupois. The director may, after opportunity for hearing, define weights in the metric system.