Title 2, Chapter 12, Section 2
As used in this article, the term:
(1) "Brand" means a term, design, or trademark used in connection
with one or several grades of fertilizer.
(2) "Bulk fertilizer" means a fertilizer distributed in a
(3) "Commercial value" means the average retail value per unit of
primary plant nutrient in dollars and cents. Such values shall be
established by the Commissioner annually and may be established
without a hearing except where objections are filed thereto. In
the event written objections are filed within 20 days after
establishment of such values, those objecting shall be afforded a
hearing in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," and the effective date of such
values shall be postponed pending the outcome of such hearing.
The values as established by the Commissioner shall be used in
computing the dollar rates of penalties as provided in this
article. The commercial value as established in accordance with
this article is provided as a guide in determining the actual
value of the product and shall not in any manner attempt to fix,
regulate, or control the sales price of fertilizer or fertilizer
materials. "Guaranteed commercial value" means the value of a ton
of fertilizer calculated by multiplying the established commercial
values of the primary plant nutrients by the primary plant
nutrient guarantees. "Found commercial value" means the value of a
ton of fertilizer calculated by multiplying the established
commercial values of the primary plant nutrients by the
percentages of primary plant nutrients found by laboratory
(4) "Custom-mixed specialty fertilizer" means a specialty
fertilizer blended according to the specifications that are
furnished to a licensee by or for a consumer prior to
(5) "Deficiency" means the amount of nutrient, found by analysis,
less than that guaranteed, which may result from a lack of
nutrient ingredients or from lack of uniformity.
(6) "Distribute" means to offer for sale, sell, exchange, barter,
or otherwise supply or make available fertilizer in this state.
(7) "Distributor" means any person who distributes.
(8) "Fertilizer" means any substance containing one or more
recognized plant nutrients which is used for its plant nutrient
content and which is designed for use or claimed to have value in
promoting plant growth, except unmanipulated animal and vegetable
manures, marl, lime, limestone, wood ashes, boiler ashes produced
by the pulp and paper industry, and other products exempted by
regulation by the Commissioner.
(9) "Fertilizer material" means a fertilizer which either:
(A) Contains important quantities of no more than one of the
primary plant nutrients: nitrogen (N), phosphate (P O ), and
potash (K O);
(B) Has 85 percent or more of its plant nutrient content present
in the form of a single chemical compound; or
(C) Is derived from a plant or animal residue or by-product or
natural material deposit which has been processed in such a way
that its content of plant nutrients has not been materially
changed except by purification and concentration.
(10) "Grade" means the percentage of total nitrogen (N), available
phosphate (P O ), and soluble potash (K O) stated in whole numbers
in the same terms, order, and percentages as in the guaranteed
analysis; provided, however, that specialty fertilizers,
fertilizer materials, bone meal, manures, and similar materials
may be guaranteed in fractional units of less than 1 percent of
total nitrogen (N), available phosphate (P O ), and soluble potash
(11) "Guaranteed analysis" means the minimum percentage of plant
nutrients claimed in the following order and form:
(A) Total nitrogen (N) ____Percent (%)
Available phosphate (P O ) ____Percent (%)
Soluble potash (K O) ____Percent (%)
(B) For unacidulated mineral phosphatic material and basic slag,
bone, tankage, and other organic phosphatic materials, the total
phosphate or degree of fineness, or both, may also be
(C) Guarantees for plant nutrients other than total nitrogen
(N), available phosphate (P O ), and soluble potash (K 0) are
permitted or may be required by regulation by the Commissioner.
The guarantees for such other nutrients shall be expressed in
the form of the element, or in other forms as the Commissioner
may require by regulation. The source (oxides, salts, chelates,
etc.) of such other nutrients may be required by regulation to
be stated on the application for registration and may be
included on the label. Other beneficial substances or
compounds, determinable by laboratory methods, also may be
guaranteed by permission of the Commissioner. When any plant
nutrients or other substances or compounds are guaranteed, they
shall be subject to inspection and analysis in accord with the
methods and regulations prescribed by the Commissioner.
(12) "Industrial by-product" means any industrial waste or
by-product which contains plant nutrients.
(13) "Investigational allowance" means an allowance for variations
inherent in the taking, preparation, and analysis of an official
sample of fertilizer.
(14) "Label" means the display of all written, printed, or graphic
matter, upon the immediate container, or a statement accompanying
(15) "Labeling" means all written, printed, or graphic matter,
upon or accompanying any fertilizer or advertisements, brochures,
posters, and television and radio announcements used in promoting
the sale of such fertilizer.
(16) "Licensee" means the person who receives a license to
distribute fertilizer under the provisions of this article.
(17) "Lot" means that amount of fertilizer on hand and actually
covered by the official sample at the time and place of sampling.
In determining plant nutrient deficiencies and penalties under
this article, the term "lot" means that amount of fertilizer
included in a single delivery. The amount of fertilizer in such
delivery shall be deemed deficient and subject to the penalties
provided by law, provided that at least 20 percent of such
delivery is on hand at the time the official sample is drawn.
(18) "Mixed fertilizer" means a fertilizer containing any
combination or mixture of fertilizer materials.
(19) "Official sample" means a sample of fertilizer taken by the Commissioner using methods adopted by the Commissioner by regulation in accordance with subsection (b) of Code Section 2-12-7.
(20) "Percent" or "percentage" means the percentage by weight.
(21) "Person" means an individual, partnership, association, firm,
corporation, or any combination thereof.
(22) "Primary plant nutrients" means total nitrogen (N), available
phosphate (P O ), and soluble potash (K O).
(23) "Secondary" or "micro" plant nutrients means any elements or
substances recognized by the Commissioner as being agronomically
or horticulturally useful in promoting plant growth, other than
primary plant nutrients.
(24) "Specialty fertilizer" means a fertilizer distributed for
nonfarm use, such as, but not limited to, home gardens, household
plants, lawns, shrubbery, flowers, golf courses, municipal parks,
cemeteries, greenhouses, and nurseries. The term "specialty
fertilizer" also includes any fertilizer distributed in packages
having a net weight of 10 pounds or less.
(25) "Ton" means a net weight of 2,000 pounds avoirdupois.
(26) "Unit" of a plant nutrient means 20 pounds or 1 percent of a
(27) "Unmanipulated manure" means the excreta of animals when not
artificially mixed with any material or materials other than those
which have been used for bedding, sanitary, or feeding purposes
for such animals or for the preservation of the manure, or when
such excreta has not been subjected to processing other than
composting, and provided such composted products are distributed
in bulk only.