2007 ORS 633.311¹
Definitions for ORS 633.311 to 633.479 and 633.994

As used in ORS 633.311 (Definitions for ORS 633.311 to 633.479 and 633.994) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations):

(1) "Agricultural amendment" means a mixed or unmixed synthetic organic chemical substance, a chemically or physically modified natural substance, a naturally occurring substance or a manufacturing by-product, or combination thereof, intended as a source of plant food, to induce crop yields or plant growth or to produce any physical or chemical change in the soil. "Agricultural amendment" does not include:

(a) Fertilizer products;

(b) Agricultural mineral products;

(c) Lime products;

(d) Hays;

(e) Straws;

(f) Peat;

(g) Leaf mold;

(h) Sands;

(i) Expanded silicates;

(j) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis;

(k) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; and

(L) Reclaimed water or treated effluent regulated under ORS 468.020 (Rules and standards), 468B.010 (Authority of commission over water pollution) and 468B.015 (Policy).

(2) "Agricultural mineral" means a mineral substance, mixture of mineral substances or mixture of mineral and organic substances containing less than five percent of available nitrogen (N), available phosphate (P[2]O[5]) or soluble potash (K[2]O), singly, collectively or in combination, designed for use principally as a source of plant food, in inducing increased crop yields or plant growth or producing any physical or chemical change in the soil. "Agricultural mineral" does not include:

(a) Fertilizer products;

(b) Agricultural amendment products;

(c) Lime products;

(d) Sand;

(e) Soil;

(f) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis;

(g) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; and

(h) Reclaimed water or treated effluent regulated under ORS 468.020 (Rules and standards), 468B.010 (Authority of commission over water pollution) and 468B.015 (Policy).

(3) "Available phosphate" means the sum of the water soluble and citrate soluble phosphate.

(4) "Bulk" or "bulk sale" is the sale, offering for sale or delivery of a fertilizer, agricultural mineral, agricultural amendment or lime product or of a custom mix, in unpackaged form, such as in open containers, closed or open tote boxes, closed or open tanks, closed or open trailers, spreader trucks or other types of containers, vehicles or conveyances as determined by State Department of Agriculture rule.

(5) "Compost" means a substance derived primarily or entirely from the decomposition of vegetative or animal organic material that is sold or offered for sale for the purpose of promoting or stimulating plant growth and to which no fertilizer, agricultural mineral, agricultural amendment or lime product is added other than to promote decomposition.

(6) "Custom mix" means a mixture of fertilizer, agricultural mineral, agricultural amendment or lime product, each lot or batch of which is mixed according to the specific instructions of or is prescribed for the special use of the final purchaser.

(7) "Department" means the State Department of Agriculture.

(8) "Director" means the Director of Agriculture.

(9) "Distributor" means a person who imports, consigns, sells or offers for sale, barters, exchanges or otherwise facilitates the supply of fertilizer, agricultural mineral, agricultural amendment or lime product.

(10) "Fertilizer" means any substance, or any combination or mixture of substances, that is designed for use primarily as a source of plant food, in inducing increased crop yields or plant growth, or producing any physical or chemical change in the soil, and that contains five percent or more of available nitrogen (N), available phosphate (P[2]O[5]) or soluble potash (K[2]O), singly, collectively or in combination. "Fertilizer" does not include:

(a) Agricultural mineral products;

(b) Agricultural amendment products;

(c) Lime products;

(d) Hays;

(e) Straws;

(f) Peat;

(g) Leaf mold;

(h) Biosolids-derived products, compost and unpackaged animal or vegetable manures that do not contain a grade statement or guaranteed analysis;

(i) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; and

(j) Reclaimed water and treated effluent regulated under ORS 468.020 (Rules and standards), 468B.010 (Authority of commission over water pollution) and 468B.015 (Policy).

(11) "Grade" means the minimum percentage claimed for available nitrogen (N), available phosphate (P[2]O[5]) or soluble potash (K[2]O) stated in the same terms, order and percentages as the guaranteed analysis.

(12) "Guaranteed analysis" means the minimum percentage of the following claimed to be present in a product:

(a) Primary nutrients;

(b) Secondary nutrients;

(c) Micronutrients;

(d) Neutralizing capability; or

(e) Substances claimed to induce crop yields or plant growth or to produce any physical or chemical change in the soil.

(13) "Label" means all written, printed or graphic matter on the immediate container or on a statement or invoice accompanying any fertilizer, agricultural mineral, agricultural amendment or lime product.

(14) "Labeling" means a printed or verbal representation used to promote the sale of any fertilizer, agricultural mineral, agricultural amendment or lime product, including but not limited to a representation by means of:

(a) Brochures;

(b) Posters;

(c) Internet;

(d) Television; and

(e) Radio.

(15) "Lime" means any substance or mixture of substances whose calcium and magnesium compounds are capable of neutralizing soil acidity.

(16) "Lime score" means a numerical expression of the quality of lime, as determined by the department by rule.

(17) "Manufacture" means to compound, produce, granulate, mix, blend, repackage or otherwise alter the composition of fertilizer, agricultural mineral, agricultural amendment or lime product.

(18) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na) or zinc (Zn).

(19) "Official sample" means any representative sample of product taken by the department or a representative of the department and designated as official.

(20) "Package" means any closed container, regardless of size, but does not mean the receptacle in which bulk product is sold, offered for sale or delivered.

(21) "Percent" or "percentage" means percentage by weight.

(22) "Phosphate" means the amount of pentavalent phosphorus present in the material calculated as phosphorus pentoxide (P[2]O[5]) and expressed as available phosphate.

(23) "Primary nutrient" means nitrogen (N), available phosphate (P[2]O[5]) or soluble potash (K[2]O).

(24) "Product" means a readily distinguishable, individually labeled substance containing fertilizer, agricultural mineral, agricultural amendment or lime.

(25) "Registrant" means the person who registers a fertilizer, agricultural mineral, agricultural amendment or lime product under ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products).

(26) "Secondary nutrient" means calcium (Ca), magnesium (Mg) or sulfur (S).

(27) "Ton" means 2,000 pounds avoirdupois.

(28) "Waste-derived product" means any fertilizer, agricultural mineral, agricultural amendment or lime product derived in whole or in part from hazardous waste as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) (7) or in rules adopted thereunder, solid waste as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) (24) or in rules adopted thereunder, or industrial waste as defined in ORS 468B.005 (Definitions for water pollution control laws) (2) or in rules adopted thereunder. "Waste-derived product" does not include:

(a) Biosolids, biosolids-derived products, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; or

(b) Reclaimed water or treated effluent regulated under ORS 468.020 (Rules and standards), 468B.010 (Authority of commission over water pollution) and 468B.015 (Policy). [2001 c.914 §2]

Note

All sec­tions (1999 Edi­tion) repealed as of January 1, 2002

Notes of Decisions

The Depart­ment of Agriculture properly refused the registra­tion of a brand for a product labeled "fertilizer" which did not meet the statutory defini­tion of "commercial fertilizer." U.S. Soil v. Dept. of Agriculture, 276 Or 377, 554 P2d 1008 (1976)

1 Legislative Counsel Committee, CHAPTER 633—Grades, Standards and Labels for Feeds, Fertilizers and Seeds, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­633.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 633, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­633ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.