Idaho State Statutes - Idaho Attorney Directory

As used in this chapter:
(1) "Aged" means exposed to weathering and/or natural decay, such that
the original material is significantly altered.
(2) "Biosolid(s)" means a primary organic solid material produced by
wastewater treatment processes that can be beneficially recycled for its plant
nutrient content and soil amending characteristics, as regulated under the
code of federal regulations, 40 CFR 503, as amended.
(3) "Brand" means the term, designation, trademark, product name or other
specific designation under which individual soil amendments or plant
amendments are offered for sale.
(4) "Bulk" means in nonpackaged form or in packages of one (1) cubic yard
or more.
(5) "Bulk density" means dry weight per unit of volume.
(6) "Compost" means a biologically stable material derived from the
composting process.
(7) "Composting" means the biological decomposition of organic matter.
It is accomplished by mixing and piling in such a way to promote aerobic
and/or anaerobic decay. The process inhibits pathogens, viable weed seeds and
odors.
(8) "Coproduct" means a chemical substance produced for a commercial
purpose during the manufacture, processing, use or disposal of another
chemical substance or mixture.
(9) "Customer formula mix" means a soil amendment or plant amendment
which is prepared to the specifications of the final purchaser.
(10) "Deficiency" means the amount of ingredient found by analysis to be
less than that guaranteed, which may result from a lack of ingredients or
lack of uniformity.
(11) "Department" means the Idaho department of agriculture.
(12) "Director" means the director of the Idaho department of agriculture
or his duly authorized representative.
(13) "Distribute" means to import, consign, manufacture, produce,
compound, mix, or blend soil amendments or plant amendments, or to offer for
sale, sell, barter or otherwise supply soil amendments and plant amendments in
this state.
(14) "Distributor" means any person who distributes.
(15) "Horticultural growing media" means any substance or mixture of
substances which is promoted as or is intended to function as a growing medium
for the managed growth of horticultural crops in containers and shall be
considered a plant amendment for the purposes of this chapter.
(16) "Investigational allowance" means an allowance for variations
inherent in the taking, preparation and analysis of an official sample of soil
amendments or plant amendments.
(17) "Label" means the display of all written, printed or graphic matter
upon the immediate container or statement accompanying a soil amendment or
plant amendment.
(18) "Labeling" means all written, printed or graphic matter, upon or
accompanying any soil amendment or plant amendment, or advertisements,
brochures, posters, or television or radio announcements used in promoting the
sale of the soil amendment or plant amendment.
(19) "Manipulation" means actively processed or treated in any manner.
(20) "Manufacture" means to compound, produce, granulate, mix, blend,
repackage or otherwise alter the composition of soil amendment or plant
amendment materials.
(21) "Micronutrients" means boron (B); chlorine (Cl); cobalt (Co); copper
(Cu); iron (Fe); manganese (Mn); molybdenum (Mo); sodium (Na); and zinc (Zn).
(22) "Minimum percentage" means that percent of plant or soil amending
ingredient that must be present in a product before the product will be
accepted for registration when mentioned in any form or manner.
(23) "Mulch" means any organic or inorganic soil surface cover used to
help retain moisture longer in the soil by retarding evaporation, to
discourage weed growth, to help maintain a constant temperature by insulating
the soil, to discourage runoff and soil erosion by shielding the soil surface
from water abrasion or to promote water absorption and retention.
(24) "Official sample" means any sample of soil amendment or plant
amendment taken by the director or his agent.
(25) "Organic" refers only to naturally occurring substances generally
recognized as the hydrogen compounds of carbon and their derivatives.
(26) "Organic waste-derived material" means grass clippings, leaves,
weeds, bark, plantings, prunings, and other vegetative wastes, wood wastes
from logging and milling operations and food wastes. "Organic waste-derived
material" does not include products that contain biosolids as defined in
subsection (2) of this section.
(27) "Other ingredients" means the nonsoil amending or nonplant amending
ingredients present in soil amendments or plant amendments.
(28) "Percent" or "percentage" means by weight.
(29) "Person" means individual, partnership, association, firm or
corporation.
(30) "Plant amendment" means any natural or synthetic substance applied to
plants or seeds which is intended to improve germination, growth, yield,
product quality, reproduction, flavor or other desirable characteristics of
plants except commercial fertilizers, soil amendments, limes, unmanipulated
animal manure and vegetable organic waste-derived materials, pesticides, mulch
and other materials which may be exempted by rule.
(31) "Processed" means deliberately treated or manipulated to modify or
transform physical, chemical, or biological characteristics of the natural
state of a substance.
(32) "Raw" means in the natural state, and not prepared, modified,
processed or manipulated for use.
(33) "Registrant" means the person(s) who registers soil amendments or
plant amendments under this chapter.
(34) "Soil amendment" means:
(a) Any substance which is intended to improve the physical, chemical or
biological characteristics of the soil to favor plant growth; or
(b) Any material which is represented as having a primary function of
enhancing, changing or modifying soil microorganism reproduction, activity
or population, or material which is represented as having the primary
function of forming or stabilizing soil aggregates in soil to which it is
to be applied and thereby improving the resistance of the soil to the
slaking action of water, increasing the soil's water and air permeability
or infiltration, improving the resistance of the surface of the soil to
crusting, improving ease of cultivation of soil, or otherwise favorably
modifying the structural or physical properties of soil; and
(c) "Soil amendment" does not include commercial fertilizers, plant
amendments, limes, gypsum, unmanipulated animal manures and vegetable
organic waste-derived materials, pesticides, mulch and other material
which may be exempted by rule of the department.
(35) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
(36) "Verification of label claims" means explanatory information
describing how the registrant determined the truthfulness and accuracy of the
registrant's words or statements describing the product according to
recognized standards.
(37) "Waste-derived soil amendment" or "waste-derived plant amendment"
means any soil amendment or plant amendment that is derived from an industrial
byproduct, coproduct or other material that would otherwise be disposed of if
a market for reuse were not an option, but does not include any soil amendment
or plant amendment derived from biosolids or biosolid products regulated under
the code of federal regulations, 40 CFR 503, as amended.
(38) "Weight" means the weight of material as offered for sale.
(39) "Wood" means the hard fibrous material located beneath the bark of
trees, which constitutes the greatest part of the stems of trees and shrubs.
When not specifically stated in this section or otherwise designated by
the department in rule, the department will be guided by the definitions of
general terms, fertilizer materials and soil and plant amendment materials as
set forth in the Official Publication of the Association of American Plant
Food Control Officials (AAPFCO), or the Merck Index, published by Merck & Co.,
Inc.

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