Terms Used In Montana Code > Title 80 > Chapter 10 - Commercial Fertilizers

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Anhydrous ammonia: means a compound formed by a combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume, which compound is in either gaseous or liquid form and is used primarily as fertilizer. See Montana Code 80-10-502
• Blending: means the physical mixing or combining, including mixing through simultaneous or sequential application, of any combination of materials to produce a uniform mixture of:

  (a)one or more fertilizer materials with one or more filler materials; or

  (b)two or more fertilizer materials. See Montana Code 80-10-101

• Brand: means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. See Montana Code 80-10-101
• Commercial fertilizer: includes any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, yield, or quality of the crop. See Montana Code 80-10-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed. See Montana Code 80-10-101
• Distribute: means to offer for sale, sell, barter, or otherwise supply commercial fertilizers or soil amendments. See Montana Code 80-10-101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• facility: means any building, tank, or system of equipment used for processing, storing, or distributing anhydrous ammonia and includes all appurtenances to such building, tank, or system. See Montana Code 80-10-502
• Grade: means the percentages of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. See Montana Code 80-10-101
• Guaranteed analysis: means the minimum percentage of plant nutrients as described in 80-10-102. See Montana Code 80-10-101
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer. See Montana Code 80-10-101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: means the display of all written, printed, or graphic matter on a container or a statement accompanying a fertilizer or soil amendment. See Montana Code 80-10-101
• Labeling: means all written, printed, or graphic matter on or accompanying any fertilizer or soil amendment and advertisements, brochures, websites, posters, and television and radio announcements used in promoting the sale of a fertilizer or soil amendment. See Montana Code 80-10-101
• Licensee: means a person licensed under 80-10-202. See Montana Code 80-10-101
• Local legislation: means but is not limited to any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision. See Montana Code 80-10-101
• Manufacturer: means a person who manufactures commercial fertilizer or soil amendments. See Montana Code 80-10-101
• Official sample: means any sample of commercial fertilizer taken by the department and designated as official by the department. See Montana Code 80-10-101
• Other ingredients: means nonsoil amending ingredients present in soil amendments. See Montana Code 80-10-101
• Person: means an individual, partnership, association, firm, or corporation. See Montana Code 80-10-101
• Political subdivision: means any local government entity, including but not limited to any city, county, town, or municipal corporation and any other corporate or political body that is responsible for government activities in a geographic area smaller than the state. See Montana Code 80-10-101
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Registrant: means the person who registers a commercial fertilizer or a soil amendment. See Montana Code 80-10-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Several: means two or more. See Montana Code 1-1-201
• Soil amendment: means any substance that is intended to improve the physical or chemical characteristics of soil. See Montana Code 80-10-101
• Supplier: means a person who distributes fertilizers or soil amendments into Montana. See Montana Code 80-10-101
• Ton: means a net weight of 2,000 pounds. See Montana Code 80-10-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unmanipulated animal or vegetable manures: means substances composed primarily of excreta, plant remains, or mixtures of those substances that have not been processed in any manner, including the addition of plant nutrients, drying, grinding, and other means. See Montana Code 80-10-101