Md. Code Regs. 15.20.06.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 15.20.06.02 - Definitions

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) Agricultural Land.

(a) "Agricultural land" means more than 10 acres of land used to produce food, feed, fiber, sod, animals, plants, trees, or plants in containers, or for out-of-ground production.

(b) "Agricultural land" includes smaller, noncontiguous land parcels that total more than 10 acres.

(2) "Applicator" means a person who applies any type of nutrient, as defined by this chapter, to any crop, plant, or land intended to be planted.

(3) "Applicator voucher" means documentation issued by the Department as proof that an individual has completed a required educational program, as defined by this chapter.

(4) "Certified farm operator" means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual:

(a) Owns;

(b) Operates; or

(c) Has a legal interest in.

(5) "Certified nutrient management consultant" or "consultant" means an individual certified by the Department, under COMAR 15.20.04, to prepare a nutrient management plan.

(6) "Commercial fertilizer" or "fertilizer" means a substance containing a recognized plant nutrient used for its plant nutrient content and designed for use, or claimed to have value, in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum.

(7) "Department" means the Maryland Department of Agriculture or its designee.

(8) "Educational program" means a training program created or approved by the Department relating to nutrient application.

(9) "Nutrient" means a fertilizer or any substance used to promote plant growth.

(10) "Nutrient application rate" means the quantity of primary nutrients, as total nitrogen (N), available phosphate (P₂O₅), and soluble potash (K₂O), recommended by a certified nutrient management consultant to:

(a) Supply crop or plant nutrient needs; and

(b) Achieve realistic yield goals, as defined by COMAR 15.20.04.

(11) "Nutrient content" means the percentage of any primary nutrient, as total nitrogen (N), available phosphate (P₂O₅), or soluble potash (K₂O), in any type or source of plant nutrients.

(12) "Nutrient management plan" means a plan prepared by a certified nutrient management consultant or a certified farm operator to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to protect water quality and maintain the productivity of soil in accordance with COMAR 15.20.08.

(13) "Person" means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(14) "Supervision" means that a nutrient management consultant, a certified farm operator,or a person who holds a voucher is responsible for:

(a) Training and planning employee activities; and

(b) The application of nutrients.

Md. Code Regs. 15.20.06.02

Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692);40:21 Md. R. 1780, eff. 10/28/2013
Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)