81-2,162.02.

Terms, defined.

For purposes of the Nebraska Commercial Fertilizer and Beneficial Substances Act, unless the context otherwise requires:

(1) Beneficial substance means any claimed or advertised substance that can be demonstrated by scientific research to be beneficial to soil, media, or at least one species of plant. Beneficial substance:

(a) Includes any plant biostimulant, soil amendment, chemical or biological substance that is beneficial to any plant and growing environment of such plant; and

(b) Does not include any primary or secondary nutrient for plants, plant micronutrient, pesticide, unmanipulated animal or plant manure, or commercial fertilizer;

(2) Bulk means nonpackaged;

(3) Commercial fertilizer means any formula or product distributed for further distribution or ultimate use as a plant nutrient, intended to promote plant growth, containing one or more plant nutrients recognized by the Association of American Plant Food Control Officials in its official publication. The term commercial fertilizer shall not be deemed to include unmanipulated animal and vegetable manures but shall be deemed to include both finished products and fertilizer ingredients capable of being used in the formulation of a finished product;

(4) Custom-blended product means any individually compounded commercial fertilizer or beneficial substance that is mixed, blended, offered for sale, or sold in Nebraska to a person's specifications, when such person is the ultimate consumer, if the ingredients used in such product which are subject to the registration requirements of section 81-2,162.03 have been so registered;

(5) Department means the Department of Agriculture;

(6) Director means the Director of Agriculture or his or her duly authorized agent;

(7) Distribute means to offer for sale, sell, barter, or otherwise supply commercial fertilizers or beneficial substances;

(8) Fineness means the percentage of weight of the material which will pass United States standard sieves of specified sizes;

(9) Grade means the percentage of total nitrogen, available phosphate, and soluble potash;

(10) Label means a display of written, printed, or other graphic matter upon the container in which a commercial fertilizer or beneficial substance is distributed, or a statement accompanying such product;

(11) Labeling means the label and all other written, printed, or graphic matter accompanying the commercial fertilizer or beneficial substance at any time or to which reference is made on the label;

(12) Microorganism means any microbiological organism or mixture of microbiological organisms that is intended to produce any physical, chemical, biochemical, or biological change, or any other change, in soil and is recognized by the Association of American Plant Food Control Officials in its official publication;

(13) Official sample means any sample of commercial fertilizer or beneficial substance taken by the director;

(14) Percent or percentage means the percentage by weight;

(15) Person includes individual, cooperative, partnership, limited liability company, association, firm, and corporation;

(16) Product means both commercial fertilizers and beneficial substances;

(17) Sell or sale includes exchange;

(18) Soil conditioner means any formula or product distributed, except unmanipulated animal and vegetable manures, which, when added to the soil, is intended to (a) change the physical condition of the soil or (b) produce a favorable growth, yield, or quality of crops or other soil characteristics but shall not mean a commercial fertilizer, a pesticide as defined in the Pesticide Act, or an agricultural liming material as defined in the Agricultural Liming Materials Act;

(19) Specialty product means a product for nonfarm use; and

(20) Ton means a net weight of two thousand pounds avoirdupois.