{"data":{"id":"us-ky/krs-250.366","jurisdiction":"us-ky","citation":"KRS 250.366","heading":"Definitions for KRS 250.361 to 250.451.","body":"As used in KRS 250.361 to 250.451, unless the context otherwise requires:\n(1) \"Fertilizer\" means any substance containing one (1) or more recognized plant\nnutrients which is used for its plant nutrient content and which is designed for use\nor claimed to ha ve value in promoting plant growth, except unmanipulated animal\nand vegetable manures, marl, lime, limestone, wood ashes and other products\nexempted by regulation by the director.\n(2) \"Fertilizer material\" means a fertilizer which either:\n(a) Contains impo rtant quantities of no more than one (1) of the primary plant\nnutrients: nitrogen (N), phosphorus (P) and potassium (K); or\n(b) Has eighty-five percent (85%) or more of its plant nutrient content present in\nthe form of a single chemical compound; or\n(c) Is derived from a plant or animal residue or by -product or natural material\ndeposit which has been processed in such a way that its content of plant\nnutrients has not been materially changed except by purification and\nconcentration.\n(3) \"Mixed fertilizer\" me ans a fertilizer containing any combination or mixture of\nfertilizer materials.\n(4) \"Specialty fertilizer\" means a fertilizer distributed for nonfarm use.\n(5) \"Bulk fertilizer\" means a fertilizer distributed in a nonpackaged form.\n(6) \"Brand\" means a term,  design, or trademark used in connection with one (1) or\nseveral grades of fertilizer but shall not include any numeral that is misleading or\nconfusing.\n(7) \"Guaranteed analysis\" means, until the director prescribes the alternative form of\n\"guaranteed anal ysis\" in accordance with the provisions of this subsection, the\nminimum percentage of plant nutrients claimed in the following order and form:\nTotal nitrogen (N) ----- percent\nAvailable phosphate (P205) ----- percent\nSoluble potash (K20) ----- percent\nFor unacidulated mineral phosphatic material and basic slag, bone, tankage and\nother organic phosphatic materials, the total phosphate or degree of fineness may\nalso be guaranteed. Guarantees for plant nutrients other than nitrogen, phosphor us\nand potassium may be permitted or required by regulation by the director. The\nguarantees for such other nutrients shall be expressed in the form of the element.\nThe source, e.g. oxides, salts, chelates, etc. of such other nutrients may be required\nto be  stated on the application for registration and may be included on the label.\nOther beneficial substances or compounds, determinable by laboratory methods,\nalso may be guaranteed by permission and advice of the director. When any plant\nnutrients or other s ubstances or compounds are guaranteed, they shall be subject to\ninspection and analysis in accord with the methods and regulations prescribed by\nthe director. When the director finds, after public hearing following due notice, that\nthe requirement for expressing the guaranteed analysis of phosphorus and potassium\nin elemental form would not impose an economic hardship on distributors and users\nof fertilizer by reason of conflicting labeling requirements among the states, he may\nrequire by regulation thereaf ter that the \"guaranteed analysis\" shall be in the\nfollowing form:\nTotal nitrogen (N) ----- percent\nAvailable phosphorus (P) ----- percent\nSoluble potassium (K) ----- percent\nThe effective date of the regulation shall be not less than six (6) months fo llowing\nthe issuance thereof, except that the equivalent of phosphorus and potassium may\nalso be shown in the form of available phosphate and soluble potash for a period of\ntwo (2) years following the effective date of the regulation. After the effective d ate\nof the regulation total nitrogen, available phosphorus, and soluble potassium shall\nconstitute the grade.\n(8) \"Grade\" means the percentage of total nitrogen, available phosphorus or phosphate,\nand soluble potassium or potash stated in whole numbers in the same terms, order,\nand percentages as in the guaranteed analysis; except specialty fertilizers may be\nguaranteed in fractional units of less than one percent (1%) of total nitrogen,\navailable phosphorus or phosphate, and soluble potassium or potash and  fertilizer\nmaterials, bone meal, manures, and similar materials may be guaranteed in\nfractional units.\n(9) \"Official sample\" means any sample of fertilizer taken by the director and\ndesignated as \"official\" by the director.\n(10) \"Ton\" means a net weight of two thousand (2,000) pounds avoirdupois.\n(11) \"Primary nutrient\" means total nitrogen, available phosphate or phosphorus, and\nsoluble potash or potassium.\n(12) \"Percent\" or \"percentage\" means the percentage by weight.\n(13) \"Person\" means individual, partnership, association, firm, or corporation.\n(14) \"Distribute\" means to import, consign, manufacture, produce, compound, mix, or\nblend fertilizer, or to offer for sale, sell, barter, or otherwise supply fertilizer in this\nstate.\n(15) \"Distributor\" means any person who distributes fertilizer in this Commonwealth.\n(16) \"Registrant\" means the person who registers fertilizer under the provisions of KRS\n250.361 to 250.451.\n(17) \"Label\" means the display of all written, printed, or graphic matter, upon the\nimmediate container, or a statement accompanying a fertilizer.\n(18) \"Labeling\" means all written, printed, or graphic matter, upon or accompanying any\nfertilizer, or verbal statements, advertisements, brochures, posters, television or\nradio announcements used in promoting the sale of the fertilizer.\n(19) \"Investigational allowance\" means an allowance for variations inherent in the\ntaking, preparation and analysis of an official sample of fertilizer.\n(20) \"Manufacturer\" means any person engaged in the business of p reparing, mixing, or\nmanufacturing fertilizers or the person whose name appears on the label as being\nresponsible for the guarantee.\n(21) \"Manufacturing\" means preparing, mixing, or combining fertilizer materials\nchemically or physically, including the mixing through the simultaneous application\nof two (2) or more fertilizer materials, by a manufacturer or contract applicator.\n(22) \"Lot\" means an identifiable quantity of fertilizer that can be sampled according to\nAOAC International procedures, such as, the  amount contained in a single vehicle,\nor the amount delivered under a single invoice, and, in the case of bagged fertilizer,\nnot more than twenty-five (25) tons.\n(23) \"Blending\" means physically mixing or combining two (2) or more fertilizer\nmaterials including the mixing through the simultaneous application of two (2) or\nmore fertilizer materials by a blender or another person.\n(24) \"Blender\" means any person who is engaged in the business of blending fertilizers.\n(25) \"Custom-mixed fertilizer\" means a fe rtilizer blended according to specifications\nthat are furnished to a blender by the consumer prior to blending.\n(26) \"Licensee\" means the person who is licensed to distribute fertilizer.","path":["KRS Chapter 250"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=12123","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:03Z","sha256":"41ceb2ba3c2bed35cae2972a7ef5595070785ca4d3687b0a2be9b006a150cc83","source_id":"us-ky","stale":false,"prev":"us-ky/krs-250.361","next":"us-ky/krs-250.371"},"notice":"GroundRules: Original legal text. Not legal advice."}