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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59575</law_id><section_number>3.2-3600</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-104.2</reference><reference>10.1-1408.1</reference><reference>3.2-3603</reference><reference>3.2-4000</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="3.2">Agriculture, Animal Care, and Food</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Production and Sale of Agricultural Products</unit><unit label="chapter" level="3" order_by="1" identifier="36">Fertilizer</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">AAPFCO</span>&#x201D; means the Association of American Plant Food Control Officials.
		&#x201C;<span class="dictionary">Anaerobic digestion</span>&#x201D; means the controlled anaerobic biological decomposition of organic waste material to produce biogas and <span class="dictionary">digestate</span>.
		&#x201C;<span class="dictionary">AOAC International</span>&#x201D; means the Association of Analytical Communities, formerly the Association of Official Analytical Chemists.
		&#x201C;<span class="dictionary">Brand</span>&#x201D; means a term, design, trademark or product name under which a <span class="dictionary">regulated product</span> is distributed.
		&#x201C;Bulk&#x201D; means in nonpackaged form.
		&#x201C;<span class="dictionary">Bulk fertilizer</span>&#x201D; means a fertilizer distributed in a nonpackaged form.
		&#x201C;<span class="dictionary">Commercial fertilizer</span>&#x201D; means a fertilizer distributed for farm use, or for any other use, other than any <span class="dictionary">specialty fertilizer</span> use.
		&#x201C;<span class="dictionary">Compost</span>&#x201D; means a biologically stable material derived from the <span class="dictionary">composting</span> process.
		&#x201C;<span class="dictionary">Composting</span>&#x201D; means the biological decomposition of organic matter through a process that inhibits pathogens, viable weed seeds, and odors, accomplished by mixing and piling so as to promote aerobic decay, anaerobic decay, or both aerobic and anaerobic decay.
		&#x201C;<span class="dictionary">Contractor-applicator</span>&#x201D; means any person required to hold a permit to apply any <span class="dictionary">regulated product</span> pursuant to &#xA7;&#xA0;<a class="law" title="Contractor-applicator permit" href="/3.2-3608/">3.2-3608</a>.
		&#x201C;<span class="dictionary">Custom medium</span>&#x201D; means a <span class="dictionary">horticultural growing medium</span> that is prepared to the exact specifications of the person who will be planting in the medium and delivered to that person without intermediate or further distribution.
		&#x201C;<span class="dictionary">Deficiency</span>&#x201D; means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients, or from lack of uniformity.
		&#x201C;<span class="dictionary">Digestate</span>&#x201D; means a biologically stable material derived from the process of <span class="dictionary">anaerobic digestion</span>.
		&#x201C;<span class="dictionary">Distribute</span>&#x201D; means to import, consign, manufacture, produce, compound, mix, blend, or in any way alter, the chemical or physical characteristics of a <span class="dictionary">regulated product</span>, or to offer for sale, sell, barter, warehouse or otherwise supply <span class="dictionary">regulated product</span> in the Commonwealth.
		&#x201C;<span class="dictionary">Distributor</span>&#x201D; means any person who <span class="dictionary">distributes</span>.
		&#x201C;Fertilizer&#x201D; 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. Fertilizer does not include unmanipulated animal and vegetable manures, marl, lime, limestone, and other products exempted by regulation.
		&#x201C;<span class="dictionary">Fertilizer material</span>&#x201D; means a fertilizer that: (i) contains important quantities of no more than one of the primary plant nutrients: nitrogen (N), phosphate (P205) and potash (K20); (ii) has 85 <span class="dictionary">percent</span> or more of its plant nutrient content present in the form of a single chemical compound; or (iii) is derived from a plant or animal residue, a by-product, or a natural material deposit that has been processed or conditioned in such a way that its content of plant nutrients has not been materially changed, except by purification and concentration.
		&#x201C;<span class="dictionary">Grade</span>&#x201D; means the <span class="dictionary">percentage</span> of total nitrogen (N), available phosphate (P205) and soluble potash (K20), stated in whole numbers in the same terms, order, and <span class="dictionary">percentages</span> as in the <span class="dictionary">guaranteed analysis</span>, except that <span class="dictionary">fertilizer materials</span>, <span class="dictionary">specialty fertilizers</span>, bone meal, manures and similar raw materials may be guaranteed in fractional units.
		&#x201C;<span class="dictionary">Guaranteed analysis</span>&#x201D; means the minimum <span class="dictionary">percentage</span> of plant nutrients claimed as required by this chapter to be displayed on the <span class="dictionary">label</span> of a <span class="dictionary">regulated product</span>.
		&#x201C;<span class="dictionary">Guarantor</span>&#x201D; means the person whose name appears on the <span class="dictionary">label</span> of a <span class="dictionary">regulated product</span>.
		&#x201C;<span class="dictionary">Horticultural growing medium</span>&#x201D; means any substance or mixture of substances that is promoted as or is intended to function as an artificial soil for the managed growth of horticultural crops.
		&#x201C;<span class="dictionary">Industrial co-product</span>&#x201D; means any industrial waste or byproduct, including exceptional quality biosolids and waste treatment residuals, that can be beneficially recycled for its plant nutrient content or <span class="dictionary">soil amendment</span> characteristics, that meets the definition of fertilizer, <span class="dictionary">soil amendment</span>, or <span class="dictionary">horticultural growing medium</span>.
		&#x201C;<span class="dictionary">Investigational allowance</span>&#x201D; means an allowance for variations, inherent in the taking, preparation, and analysis of an <span class="dictionary">official sample</span>.
		&#x201C;<span class="dictionary">Label</span>&#x201D; means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a <span class="dictionary">regulated product</span>, including an invoice.
		&#x201C;<span class="dictionary">Labeling</span>&#x201D; means all written, printed, or graphic matter, upon or accompanying any <span class="dictionary">regulated product</span>, including invoices, advertisements, brochures, posters, television and radio announcements, and internet content used in promoting the sale of the <span class="dictionary">regulated product</span>.
		&#x201C;<span class="dictionary">Lawn fertilizer</span>&#x201D; means any fertilizer intended for nonagricultural use on newly established <span class="dictionary">turf</span> areas from sod or seed during the first growing season, <span class="dictionary">turf</span> areas being repaired or renovated, and <span class="dictionary">turf</span> areas where soil tests performed within the past three years indicate a nutrient <span class="dictionary">deficiency</span>.
		&#x201C;<span class="dictionary">Lawn maintenance fertilizer</span>&#x201D; means any fertilizer intended for the nonagricultural routine maintenance of <span class="dictionary">turf</span>.
		&#x201C;<span class="dictionary">Licensee</span>&#x201D; means the person who receives a license to <span class="dictionary">distribute</span> any <span class="dictionary">regulated product</span> under the provisions of this chapter.
		&#x201C;<span class="dictionary">Lot</span>&#x201D; means an identifiable quantity of produced material that can be sampled officially according to <span class="dictionary">AOAC International</span> procedures, up to and including a freight car load or 50 <span class="dictionary">tons</span> maximum, or that amount contained in a single vehicle, or that amount delivered under a single invoice.
		&#x201C;<span class="dictionary">Manipulated manure</span>&#x201D; means animal or vegetable manure that is ground, pelletized, mechanically dried, packaged, supplemented with plant nutrients or other substances other than phosphorus, or otherwise treated in a manner to assist with the sale or distribution of the manure as a fertilizer or soil or plant additive.
		&#x201C;<span class="dictionary">Manufacturer</span>&#x201D; means any person who manufactures, produces, compounds, mixes, blends, or in any way alters the chemical or physical characteristics of any <span class="dictionary">regulated product</span>.
		&#x201C;<span class="dictionary">Mixed fertilizer</span>&#x201D; means a fertilizer containing any combination or mixture of <span class="dictionary">fertilizer materials</span>.
		&#x201C;<span class="dictionary">Official analysis</span>&#x201D; means the analysis of an <span class="dictionary">official sample</span>, made by the <span class="dictionary">Commissioner</span>.
		&#x201C;<span class="dictionary">Official sample</span>&#x201D; means the sample of <span class="dictionary">regulated product</span> taken by the <span class="dictionary">Commissioner</span>.
		&#x201C;<span class="dictionary">Percent</span>&#x201D; or &#x201C;<span class="dictionary">percentage</span>&#x201D; means the <span class="dictionary">percentage</span> by weight.
		&#x201C;<span class="dictionary">Primary nutrient</span>&#x201D; includes total nitrogen (N), available phosphate (P205), and soluble potash (K20).
		&#x201C;<span class="dictionary">Quantity statement</span>&#x201D; means the net weight (mass), net volume (liquid or dry), count or other form of measurement of a commodity.
		&#x201C;<span class="dictionary">Registrant</span>&#x201D; means the person who registers <span class="dictionary">regulated products</span>, under the provisions of this chapter.
		&#x201C;<span class="dictionary">Regulated product</span>&#x201D; means any product governed by this chapter, including any fertilizer, <span class="dictionary">specialty fertilizer</span>, <span class="dictionary">soil amendment</span>, <span class="dictionary">digestate</span>, and <span class="dictionary">horticultural growing medium</span>.
		&#x201C;<span class="dictionary">Soil amendment</span>&#x201D; means any substance or mixture of substances intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil. The following are exempt from the definition of &#x201C;<span class="dictionary">soil amendment</span>&#x201D;: fertilizer, unmanipulated or composted animal and vegetable manures, horticultural growing media, agricultural liming materials, unmixed mulch and unmixed peat.
		&#x201C;<span class="dictionary">Specialty fertilizer</span>&#x201D; means a fertilizer distributed for nonfarm use, including use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries.
		&#x201C;<span class="dictionary">Stop sale, use, removal, or seizure order</span>&#x201D; means an order that prohibits the <span class="dictionary">distributor</span> from selling, relocating, using, or disposing of a <span class="dictionary">lot</span> of <span class="dictionary">regulated product</span>, or portion thereof, in any manner, until the <span class="dictionary">Commissioner</span> or the <span class="dictionary">court</span> gives written permission to sell, relocate, use or dispose of the <span class="dictionary">lot</span> of <span class="dictionary">regulated product</span> or portion thereof.
		&#x201C;<span class="dictionary">Ton</span>&#x201D; means a unit of 2000 pounds avoirdupois weight.
		&#x201C;<span class="dictionary">Turf</span>&#x201D; means nonagricultural land that is planted as closely mowed, managed grass and includes golf courses, parks, cemeteries, publicly owned lands, and residential, commercial, or industrial property.
		&#x201C;<span class="dictionary">Unmanipulated manure</span>&#x201D; means substances composed of the excreta of domestic animals, or domestic fowls, that has not been processed or conditioned in any manner including processing or conditioning by drying, grinding, pelleting, shredding, addition of plant food, mixing artificially with any material or materials (other than those that have been used for bedding, sanitary or feeding purposes for such animals or fowls), or by any other means.</p></section></text><history>1994, c. 740, &#xA7; 3.1-106.2; 2002, c. 473; 2008, c. 860; 2011, cc. 341, 353, 552, 564; 2022, cc. 538, 539.</history><metadata></metadata></law>
