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.