Iowa Code Title V. Agriculture [Chs. 159-215A] § 200.3. Definitions

1. “Ammonium nitrate” means a compound that is chiefly composed of ammonium salt of nitric acid which contains not less than thirty-three percent nitrogen, one-half of which is in the ammonium form and one-half in the nitrate form.

2. “Anhydrous ammonia” means the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume.

3. “Anhydrous ammonia plant” means a facility used for the manufacture or distribution of the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume.

5. “Brand” means a term, design, trademark, product name, or other specific designation under which a individual beneficial substance or commercial fertilizer is offered for sale.

6. “Bulk” means in a nonpackaged form to which a label cannot be attached.

7. “Commercial fertilizer” includes fertilizer and fertilizer materials and fertilizer-pesticide mixtures.

8. “Compost” means a product manufactured through the controlled aerobic, biological decomposition of a biodegradable material if the product has undergone mesophilic and thermophilic temperatures that significantly reduce the viability of pathogens and weed seeds and stabilize carbon to the extent that the product is beneficial to plant growth.

9. “Department” means the department of agriculture and land stewardship.

10. “Distribute” means to import, consign, manufacture, produce, compound, mix, blend, or offer for sale, sell, barter, or otherwise supply a commercial fertilizer or beneficial substance in this state.

11. “Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, blends, or who offers for sale, sells, barters, or otherwise distributes, a commercial fertilizer or beneficial substance in this state.

13. “Established date of ownership” means the date of the recording of an appropriate instrument of title establishing the ownership of real estate.

14. “Fertilizer” means any substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use and claimed to have value in promoting plant growth except unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity.

15. “Fertilizer material” means any substance used as a fertilizer or for compounding a fertilizer containing one or more of the recognized plant nutrients which are used for promoting plant growth or altering plant composition.

16. “Grade” means the percentages of total nitrogen, available phosphorus or P₂O₅ or both, and soluble potassium or K₂O or both stated in whole numbers in same terms, order, and percentages as in the guaranteed analysis.

18. “Label” means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer or beneficial substance.

19. “Labeling” means the advertising or promotion of any commercial fertilizer or beneficial substance including but not limited to any written, printed, graphic, or electronic communication used in promoting the sale of a commercial fertilizer or beneficial substance.

20. “Licensee” means a person licensed under section 200.4.

21. “Nuisance” means public or private nuisance as defined by statute or by the common law.

22. “Nuisance action or proceeding” means an action, claim or proceeding brought at law, in equity, or as an administrative proceeding, which is based on nuisance.

23. “Official sample” means any sample of commercial fertilizer taken by the secretary or the secretary's agent.

24. “Owner” means the person holding record title to real estate, and includes both legal and equitable interest under recorded real estate contracts.

25. “Percent” or “percentage” means the percentage by weight.

26. “Person” includes an individual, or a type of partnership, limited liability company, corporation, or association, formed or organized to do business in this state or authorized to do or transact business in this state.

27. “Pesticide” includes insecticides, miticides, nemacides, fungicides, herbicides, and any other substance used in pest control.

28. “Plant amendment” means any substance applied to a plant seed which is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of a plant except a fertilizer, soil amendment, agricultural liming material, animal manure, vegetable manure, pesticide, plant regulator, or other material which may be exempted by regulation.

29. “Plant biostimulant” means a substance, microorganism, or mixture thereof, that, when applied to a seed, plant, the rhizosphere, soil, or other growth media, acts to support a plant's natural nutrition processes independently of the biostimulant's nutrient content and improves nutrient availability, uptake, or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield.

30. “Plant inoculant” means a product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system.

31. “Secretary” means the secretary of agriculture.

32. “Sell” or “sale” includes exchange.

33. “Soil amendment” means any substance or a mixture of substances which is intended to improve the physical, chemical, biochemical, biological, or other characteristic of the soil, except a fertilizer, agricultural liming material, unmanipulated animal manure, unmanipulated vegetable manure, pesticide, or any other material exempted by regulation.

34. “Soil inoculant” means a microbial product that is applied to colonize the soil to benefit the soil chemistry, biology, or structure.

35. “Soil-amending ingredient” means any substance which when applied to soil will improve the physical, chemical, biochemical, biological, or other characteristics of the soil.

36. “Soil-amending ingredient form” means the chemical compound, such as salt, chelate, oxide, or acid, of an ingredient or the physical form of an ingredient.

37. “Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries, and may include commercial fertilizers used for research or experimental purposes.

38. “Ton” means a net weight of two thousand pounds avoirdupois.