N.H. Rev. Stat. § 431:3

Current through the 2024 Legislative

Section 431:3 - Definitions

In this subdivision:

I. "Available nitrogen" means water soluble nitrogen in either ammoniacal, urea, or nitrate form that does not have either slow or controlled release properties.

II. "Available phosphate" means the sum of the water soluble and the citrate soluble phosphate.

III. "Brand" means a term, design, or trademark used in connection with one or several grades of fertilizer.

IV. "Bulk fertilizer" means a fertilizer distributed in a non-packaged form.

V. "Commissioner" means the commissioner of agriculture, markets, and food or the commissioner's authorized agent.

VI. "Deficiency" means the amount of nutrient found by analysis less than that guaranteed which may result from a lack of nutrient ingredients or from lack of uniformity.

VII. "Department" means the department of agriculture, markets, and food of the state of New Hampshire.

VIII. "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter, or otherwise supply fertilizer in this state.

IX. "Distributor" means any person who distributes.

X. "Enhanced efficiency fertilizer" means lawn fertilizer products with characteristics that allow increased plant uptake and reduce potential of nutrient losses to the environment when compared to an appropriate reference product.

XI. "Fertilizer" 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, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by rule by the commissioner. "Fertilizer" shall not include any horticultural growing medium as defined in RSA 433-A:3, VI.

XII. "Fertilizer material" means a fertilizer which:

(a) Contains important quantities of no more than one of the following primary plant nutrients, nitrogen (N), phosphorous (P), and potassium (K); or

(b) Has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or

(c) Is derived from a plant or animal residue or byproduct or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.

XIII. "Grade" means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis, provided that:

(a) Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphate, and soluble potash.

(b) Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.

XIV. "Guaranteed analysis" means the minimum percentage by weight of plant nutrients claimed to be present in a fertilizer.

XV. "Impervious surface" means any modified surface that cannot effectively absorb or infiltrate water. Examples of impervious surfaces include, but are not limited to, roofs, and unless designed to effectively absorb or infiltrate water, decks, patios, and paved, gravel, or crushed stone driveways, parking areas, and walkways.

XVI. "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer.

XVII. "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.

XVIII. "Labeling" means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer.

XIX. "Low phosphate fertilizer" means fertilizer products intended for new or established urban turf or lawns, with available phosphate levels equal to or above 0.5 percent P2O5 and an application rate not to exceed 0.25 pounds P2O5 per 1000 square feet per application and 0.5 pounds P2O5 per 1000 square feet per year.

XX. "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials.

XXI. "Natural inorganic fertilizer" means a mineral nutrient source that exists in or is produced by nature and may be altered from its original state only by physical manipulation.

XXII. "Natural organic turf fertilizer" means materials derived from either plant or animal products containing one 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/aerobic bacterial action, or any combination of these. These materials shall not be mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis, or pelleting. These products may be supplemented with natural inorganic fertilizers not containing phosphorus.

XXIII. "New urban turf" means urban turf established less than 12 months.

XXIV. "No phosphate fertilizer" means fertilizer products with phosphate levels below 0.5 percent intended for established urban turf or lawns.

XXV. "Official sample" means any sample of fertilizer taken by the commissioner and designated as "official" by the commissioner.

XXVI. "Percent" or "percentage" means the percentage by weight.

XXVII. "Person" means any individual, firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.

XXVIII. "Phosphorus deficiency" means soil test results from a laboratory indicating that additional phosphorus is needed for establishing or maintaining that lawn or turf.

XXIX. "Plant biostimulant" means a substance, microorganism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil or other growth media, acts to support a plant's natural nutrition processes independently of the plant biostimulant's nutrient content, improving nutrient availability, uptake or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield. The commissioner may clarify the definition of plant biostimulant by rule in order to maintain consistency with United States Department of Agriculture requirements.

XXX. "Primary nutrient" means nitrogen, available phosphate, and soluble potash.

XXXI. "Registrant" means the person who registers fertilizer under the provisions of this subdivision.

XXXII. "Specialty fertilizer" means a fertilizer distributed for non-farm use.

XXXIII. "Ton" means a net weight of 2,000 pounds avoirdupois.

XXXIV. "Turf" or "lawn" means non-agricultural land planted in closely mowed, managed grasses except golf courses, parks, athletic fields, and sod farms.

XXXV. "Turf fertilizer" means no-phosphate or low phosphate fertilizer intended for urban turf or lawns

XXXVI. "Urban Turf or Lawns" means non-agricultural land planted in closely mowed, managed grasses except golf courses, parks, and athletic fields.

XXXVII. "Water" means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface water, artificial or natural, that are contained within, flow through, or border upon the state or any portion of it.

RSA 431:3

Amended by 2024, 380:1, eff. 1/1/2025.

Amended by 2021 , 167: 6, eff. 9/28/2021.

Amended by 2013 , 42: 2, 3, 4 eff. 1/1/2014.

1985, 72:1. 1995, 130:5; 233:1. 1997, 141:3, eff. Jan. 1, 1998. 2013, 42 : 2 -4, eff. Jan. 1, 2014. 2021, 167 : 6 , eff. Sept. 28, 2021.