Section 64. As used in sections sixty-five to eighty-three, inclusive, the following words shall have the following meanings:—
''Agricultural lime'', all the various forms of lime intended or sold for fertilizing purposes or neutralizing acidity.
''Available phosphoric acid'', the sum of the water soluble and citric soluble phosphoric acid.
''Brand'', term, design, or trade-mark used in connection with one or several grades of commercial fertilizers.
''Bulk fertilizer'', commercial fertilizer distributed in a nonpackaged form.
''Commercial fertilizer'', 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, and gypsum, and other products exempted by regulation of the commissioner.
''Distributor'', any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters or otherwise supplies commercial fertilizers in the commonwealth.
''Fertilizer'', commercially produced fertilizers used as soil and plant amendments; provided, that ''fertilizer'' shall not include organic compost or natural organic fertilizer.
''Fertilizer material'', commercial fertilizer which either contains important quantities of no more than one of the primary plant nutrients; nitrogen, phosphoric acid and potash, or has approximately eighty-five per cent of its plant nutrient content present in the form of a single chemical compound, or is derived from a plant or animal residue or by-product or a natural deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration.
''Grade'', the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis, provided, however, that fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units.
''Guaranteed Analysis'', the minimum percentage of plant nutrients claimed in the following order and form: total nitrogen (N), with the percentage thereof, available phosphoric acid (P2O5), with the percentage thereof, and soluble potash (K2O), with the percentage thereof.
''Gypsum or land plaster'', crude calcium sulphate, and may contain twenty per cent of combined water.
''Investigational allowance'', an allowance for variations inherent for the taking, preparation and analysis of an official sample of commercial fertilizers.
''Label'', the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer, soil conditioner, or agricultural liming material.
''Labeling'', all written, printed or graphic matter upon or accompanying any commercial fertilizer, or advertisements, brochures, posters and television and radio announcements used in promoting the sale of such commercial fertilizers.
''Lawn'' or ''non-agricultural turf'', any non-crop land area that is covered by any grass species, excluding flower or vegetable gardens, pasture, hay land, trees, shrubs, turf grown on turf farms or any form of agricultural production or use.
''Mixed fertilizer'', commercial fertilizers containing any combination or mixture of fertilizer materials.
''Natural organic fertilizer'', materials derived from either plant or animal products containing 1 or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth. These materials may be subject to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic or anaerobic or aerobic bacterial action or any combination of those conditions. These materials shall not be mixed with synthetic materials or changed in any physical or chemical manner from the material's initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis or pelleting.
''Official sample'', any sample of commercial fertilizer taken by the commissioner or his deputy and designated as ''official'' by the said commissioner or his deputy.
''Organic compost'', the biologically stable humus-like material derived from composting or the aerobic, thermophilic decomposition of organic matter.
''Phosphoric acid'', phosphoric anhydride (P2O5).
''Phosphorus containing fertilizer'', fertilizer labeled for use on lawn or non-agricultural turf in which the available phosphate content is greater than 0.67 per cent by weight, excluding organic compost and natural organic fertilizer.
''Potash'', potassium oxide (K2O).
''Soil conditioner'', any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum. Examples of unmanipulated vegetable manures are hay, straw, peat, and leaf mold. Charcoal, sand, pumice, and clay, are unmanipulated natural substances.
Substances sold or offered for sale as soil conditioners must be registered.
''Specialty fertilizer'', commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries.
''Ton'', means a weight of two thousand pounds avoirdupois.
''Per cent or percentage'', means the per cent by weight.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIX - Agriculture and Conservation
Section 1a - Farming, Agriculture, Farmer; Definitions
Section 2 - Powers and Duties of the Department
Section 2b - Riding Schools or Stables; License; Fee; Rules and Regulations; Penalties
Section 2d - Liability of Persons Involved in Equine Activities
Section 4 - Trust Funds, Gifts or Bequests
Section 6 - Lectures and Publications
Section 7 - Posters Containing Extracts of Laws; Preparation and Distribution
Section 7b - Use of Public Lands; Application; Indemnification
Section 7c - Priority in Allotment of Public Lands
Section 7d - Bureau Contracts for Use of Public Lands
Section 7e - Making Land Available to Bureau
Section 7f - Adoption of Rules and Regulations
Section 8b - Supervision of Mink Ranches; Listing; Fee; Certificate; Penalty
Section 9 - Establishment of Demonstration Sheep Farms
Section 10 - Maintenance of Flock of Sheep on Demonstration Farm
Section 11 - Compensation From Commonwealth for Use of Farm as a Demonstration Sheep Farm
Section 12 - Powers and Duties of Division of Regulatory Services
Section 13 - Report of Unsanitary Condition
Section 13a - Reimbursement Following Dealer's Milk Payment Default
Section 13b - Dealer Payments Into Milk Producers Security Fund
Section 15 - Duties of Employees of Department
Section 17 - Inspection of Nurseries; Certificate; Suppression of Pests
Section 18 - Licensing of Nursery Agents; Application; Revocation
Section 19 - Sale of Nursery Stock; Grower's Certificate
Section 20 - Importation of Nursery Stock; Certificate of Inspection
Section 20a - Spread or Growth of Plants of Water Chestnut ≪i>(trapa Natans)
Section 25 - Appeal From Proposed Action
Section 26 - Proceedings After Appeal; Notice
Section 28 - Exemption of Gypsy and Brown Tail Moths
Section 29 - Penalties for Violation of Secs. 16 to 27
Section 31 - European Corn Borer Infestation; Hearing; Order; Publication
Section 31a - Disposition of Corn Stubble; Destruction; Postponement
Section 34 - Instructions as to Treatment of Diseased and Miskept Colonies; Destruction
Section 35 - Transportation of Bees and Bee Equipment; Certificate; Inspection; Fees
Section 36a - Records of Number and Locations of Colonies; Reports
Section 36b - Labeling and Sale of Honey; Restrictions
Section 36c - Maple Syrup and Maple Syrup Food Products; Labelling
Section 38 - Penalties for Violation of Secs. 33, 35, 36b and 36c
Section 38a - Establishment and Holding of Fairs
Section 38b - Massachusetts State Exposition Building Maintenance Fund
Section 38c - Agricultural Fairs; Facilities and Land Resources; Preservation and Rehabilitation
Section 41 - Selection of Directors; Terms
Section 42 - Receipt of Grants; Expenditure of Money; Power of Trustees
Section 43 - Instructors in Agriculture, Homemaking and Country Life
Section 44 - Preparation of Annual Budget
Section 44a - Suffolk County Annual Budget and Report; Tax Assessment
Section 45 - Acquisition of Land by Towns for Demonstration Work in Agriculture and Homemaking
Section 47 - Receipt of Department Reports by Farmers' Clubs; Annual Returns; Reports
Section 48 - Regulations for Preservation of Peace at Meetings or Exhibitions; Posting
Section 49 - Vendors, Gaming Activities, Shows or Plays Near Cattle Show, Fair or Exhibition; Gaming
Section 50 - Penalty for Violations of Sec. 49 or Regulations Established Under Sec. 48
Section 51 - Definitions Applicable to Secs. 52 to 63
Section 52 - Commercial Feed; Registration; Application; Changes in Guarantees; Hearing; Fee
Section 54 - Adulterated Feed, Defined
Section 55 - Restrictions on Distribution of Feed
Section 56 - Prohibited Acts or Omissions
Section 57 - Enforcement of Secs. 52 to 60; Prosecution of Violations; Hearing; Notice
Section 59 - Methods for Collection and Delivery of Samples for Analysis
Section 61 - Penalties; Certified Copy of Official Analysis as Prima Facie Evidence
Section 63 - Rules and Regulations Relative to Sale of Commercial Feed
Section 64 - Definitions Applicable to Secs. 65 to 83
Section 65 - Plant Nutrients or Beneficial Substances; Guarantees; Sources; Inspection and Analysis
Section 69 - Statement of Tonnage Sold; Inspection Fee; Filing; Permit to Examine Books
Section 70 - Analysis of Fertilizers; Inspection and Taking of Samples; Publication of Results
Section 71 - Analysis Deficiencies; Penalties
Section 72 - Weight Deficiencies; Penalty
Section 73 - Determination and Publication of Values per Unit of Certain Nutrients in Fertilizers
Section 75 - Rules and Regulations; Effectiveness; Violations; Prosecution, Restriction
Section 76 - Misleading or Deceptive Practices; Violations; Refusal or Cancellation of Certificate
Section 77 - Analysis of Samples
Section 79 - Violations; Penalties; Official Analysis as Prima Facie Evidence
Section 81 - Minor Violations; Reporting
Section 83 - Exempt Transactions
Section 84 - Definitions Applicable to Secs. 84 to 101
Section 85 - Sale of Seeds; Labeling or Tagging Containers; Required Information
Section 86 - Sale of Seeds; Labeling or Tagging Containers; Variety or Cultivar Designation
Section 87 - Vegetable Seeds; Labeling or Tagging Containers; Required Information
Section 88 - Flower Seeds; Labeling Containers; Required Information
Section 89 - Tree and Shrub Seeds; Labeling Containers; Required Information
Section 91 - Defacing or Destroying Labels; False Advertising; Prohibited Sales
Section 92 - Application of Secs. 85 to 91
Section 93 - Exemption From Penalty of Sec. 100; Limitations
Section 94 - Enforcement; Prosecutions
Section 96 - Seizure and Condemnation; Court Proceedings
Section 97 - Tests and Analyses; Reports; Publication of Results
Section 98 - Seed Germination Standards; Enforcement
Section 99 - Purity and Germination Tests; Fees; Disposition
Section 101 - Sale of Seed Potatoes Restricted; Waiver; Penalty
Section 102 - Marketing and Promotion of Apples; Purpose and Policy
Section 103 - Definitions Applicable to Secs. 102 to 115
Section 104 - Marketing Agreements; Approval
Section 105 - Marketing Orders; Issuance; Notice and Hearing; Amendment or Termination of Orders
Section 107 - Collection of Assessments
Section 108 - Marketing Agreements or Orders; Provisions
Section 109 - Temporary Suspension of Marketing Orders or Agreements; Notice and Hearing
Section 110 - Economic Factors
Section 113 - Assessments Held in Trust; Disbursements; Refunds; Reports
Section 114 - Advisory Board Established With Marketing Order; Membership; Expenses; Duties
Section 115 - Rules and Regulations; Promulgation; Actions to Enforce Compliance; Injunctions; Costs
Section 116 - Definitions Applicable to Secs. 117 to 123
Section 117 - Industrial Hemp; Regulation; Acquisition of Seed
Section 119 - Annual License; Grounds for Denial of Application
Section 120 - Suspension, Revocation or Refusal to Renew License
Section 121 - Rulemaking Authority