RS 3:1311 Repealed by acts 2010, no. 579, §3. - Louisiana Statutes

CHAPTER 10.  FERTILIZERS

PART I.  REGULATIONS FOR SALE OF FERTILIZERS

§1311.  Definitions

In this Part, the following definitions shall apply:

(1)  Fertilizer means all materials, not otherwise excluded from the definition, sold for the purpose of promoting the growth of plants or exerting beneficial action on the soil.  Materials specifically excluded from the definition are: lime; limestone; marl; gypsum; sulphur; unground bones when unmixed with other substances; and manure, or excrement from any domestic animal provided it has not been dried or otherwise treated.

(2)  Commissioner means the commissioner of agriculture and forestry and his duly authorized representatives.

(3)  State chemist means the director of the Louisiana Agricultural Experiment Station of the Louisiana State University Agricultural Center, or his designee.

(4)  Package means parcel, bag or other container.

(5)  Premise means place, warehouse, store, truck, railroad car, boat, etc.

(6)  Sell, sold, for sale, etc. means the act of selling, exposing or offering for sale, trading, using, or distributing.

(7)  Guarantor means a person who manufactures, sells or offers fertilizer for sale under his name or brand.

(8)  Brand means name, trademark, or other designation under which a commercial fertilizer is sold.

(9)  Adulteration means the situation:

(a)  where a commercial fertilizer contains any material not specifically declared to be a component of the fertilizer;

(b)  where materials which are likely to cause injury or damage to crop plants are present;

(c)  where materials containing nitrogen in a form which is but slightly available to plants are added to make up a part of the nitrogen guarantee;

(d)  and where the actual analysis is lower than the guaranteed analysis.

(10)  Manufacture means the mixing, comingling of brands, blending, extracting, compounding, or chemical reaction of a substance or substances.

(11)  Registrant means a person who has been registered by the commission, as required by R.S. 3:1313.

(12)  Specialty fertilizer means any commercial fertilizer distributed in packages containing sixteen fluid ounces or less for liquids or one pound or less for solids, and designed primarily for use on household plants grown for noncommercial purposes.

Amended by Acts 1974, No. 359, §§1, 2; Acts 1976, No. 128, §1; Acts 2008, No. 61, §1, eff. June 5, 2008; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2009, No. 24, §1, eff. June 12, 2009.