Tex. Agric. Code Section 63.001
Definitions


In this chapter:

(1)

“Board” means the board of regents of The Texas A&M University System.

(2)

“Brand” means the term, design, trademark, or other specific designation under which a commercial fertilizer is distributed.

(3)

“Bulk” means any lot of commercial fertilizer that is not in a closed container at the time it passes to the possession of the consumer and includes that fertilizer at any stage of distribution.

(4)

“Container” means a bag, box, carton, bottle, object, barrel, package, apparatus, device, appliance, or other item of any capacity into which a commercial fertilizer is packed, poured, stored, or placed for handling, transporting, or distributing.

(5)

“Customer-formula fertilizer” means a mixture of commercial fertilizers or fertilizer materials and other agricultural products such as seed and pesticides, any part of which is furnished by the person who processed, mixed, blended, or prepared the mixture and which is formulated according to the specific instructions of the purchaser.

(6)

“Director” means the director of the Texas Agricultural Experiment Station.

(7)

“Distribute” means sell, offer for sale, expose for sale, consign for sale, barter, exchange, transfer possession or title, or otherwise supply.

(8)

“Fertilizer material” means a solid or nonsolid substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop or for compounding a mixed fertilizer. The term does not include animal manure, plant remains, or a mixture of those substances, for which no specific nutrient analysis claim indicates guaranteed nutrient levels.

(9)

“Grade” means the percentages stated in whole numbers of total nitrogen, available phosphoric acid (P2O5), and soluble potash (K2O) guaranteed in a fertilizer.

(10)

“Label” means a display of written, printed, or graphic matter on or affixed to a container or on an invoice or delivery slip.

(11)

“Mixed fertilizer” means a solid or nonsolid product that results from the combination, mixture, or simultaneous application of two or more fertilizer materials by a manufacturer, processor, mixer, or contractor. The term may include a specialty fertilizer or manipulated manure, but does not include animal manure, plant remains, or a mixture of those substances, for which no specific nutrient analysis claim indicates guaranteed nutrient levels.

(12)

“Manipulated manure” means a substance composed of animal manure, plant remains, or a mixture of those substances, for which a specific nutrient analysis claim indicates guaranteed nutrient levels.

(13)

“Official sample” means a sample taken by the service and designated as official by the service.

(14)

“Registrant” means a person who registers a commercial fertilizer under this chapter.

(15)

“Service” means the Texas Feed and Fertilizer Control Service.

(16)

“Specialty fertilizer” means a fertilizer distributed primarily for nonfarm use, including use on or in home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, or nurseries. The term does not include animal manure, plant remains, or a mixture of those substances, for which no specific nutrient analysis claim indicates guaranteed nutrient levels.

(17)

“Ton” means a net weight of 2,000 pounds avoirdupois or 1,000 kilograms metric.

(18)

“Weight” means the net weight of a container of commercial fertilizer expressed in either the avoirdupois or metric system.
Acts 1981, 67th Leg., p. 1140, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 1837, ch. 349, art. 1, Sec. 1, eff. Sept. 1, 1983.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 779 (H.B. 1969), Sec. 1, eff. September 1, 2011.

Source: Section 63.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­63.­htm#63.­001 (accessed Apr. 20, 2024).

63.001
Definitions
63.002
Commercial Fertilizer
63.003
Administration
63.004
Rules
63.005
Publications
63.006
Application
63.007
Effect on Other Law
63.021
Grade Statements
63.0025
Certain Analyses Not Guarantee of Nutrient Levels
63.031
Permit and Registration Required
63.032
Application for Registration
63.033
Term of Permit and Registration
63.034
Refusal or Revocation of Permit
63.035
Refusal or Revocation of Registration
63.051
Labeling of Commercial Fertilizer
63.052
Misleading Label
63.053
Labeling of Customer-formula Fertilizer
63.054
General Label Restrictions
63.071
Inspection Fee
63.072
Tonnage Report and Inspection Fee Payment
63.073
Penalty for Late Filing or Payment
63.074
Records
63.075
Disposition and Use of Fees
63.091
Inspection and Sampling
63.092
Procedure for Sampling and Analysis
63.093
Identification of Sample
63.094
Independent Analysis of Sample
63.095
Testing of Samples on Request
63.121
Stop-sale Order
63.122
Condemnation of Fertilizer
63.123
Warnings
63.124
Injunction
63.125
Suit to Recover Fees
63.126
Prosecutions
63.127
Venue for Civil and Criminal Actions
63.128
Appeal of Administrative Order or Ruling
63.141
General Penalty
63.142
Distribution of Misbranded Fertilizer
63.143
Distribution of Adulterated Fertilizer
63.144
Distribution of Commercial Fertilizer Without Registration, Labeling, or Payment of Inspection Fee
63.145
Refusal of Inspection or Sampling
63.146
Refusal to Pay Inspection Fee or Submit Records
63.151
Definitions
63.152
Registration Required
63.153
Security Requirements
63.154
Sale of Ammonium Nitrate
63.155
Maintenance of Records
63.156
Suspension of Registration
63.157
Criminal Penalty
63.158
Fire Prevention at Ammonium Nitrate Storage Facilities

Accessed:
Apr. 20, 2024

§ 63.001’s source at texas​.gov