SECTION 65.1. Definitions

Except where otherwise provided, the terms and definitions adopted by the Association of American Plant Food Control Officials in its last published official publication are adopted by reference as the terms and definitions to control in this part. (The publication is available from the Association of American Plant Food Control Officials.) In addition, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Available Phosphate/Phosphorous/Phosphoric Acid as P₂O₅ refer solely and exclusively to those compounds containing orthophosphate, i.e., compounds possessing a formal +5 electrical charge on each of the constituent phosphorous atoms.

(2) Inorganic Fertilizer--A mineral, nutrient source containing less than 5.0% carbonaceous material.

(3) Natural--Materials--animal, plant, or mineral--found solely in or produced solely by nature which have neither been mixed with any synthetic material nor changed from their initial physical state except by washing, air-drying, chopping, grinding, shredding, or pelleting and not changed in its chemical state except by biological degradation or chemical change initiated solely under normal conditions of aging, rainfall, sun-curing or sun-drying, composting, rotting, enzymatic or anaerobic bacterial action, or any combination thereof.

(4) Organic--When applied to a product, to a compound, to a mixture of compounds or to a specific constituent used as an ingredient means that the claim of the product, compound, mixture of compounds or constituent to be organic has been allowed or allowed with restriction by the United States Department of Agriculture's National Organic Program or the Texas Department of Agriculture's Organic Certification Program. (Materials described as organic must still conform to the Texas Commercial Fertilizer Control Act if they are used in fertilizers.)

(5) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.

(6) Salvage--When applied to plant nutrients or additives, refers only to those products that have been damaged by natural causes, such as fire, water, hail, or windstorm, or by conveyance mishap.

(7) Specialty Fertilizer--Fertilizer distributed primarily for non-farm use, including use on or in home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, or nurseries. The term does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made.

(8) Acceptable Forms of Identification--The only acceptable form of identification, to provide personal information for the purchase of ammonium nitrate or ammonium nitrate materials, is U.S. government identification issued by a Federal, state, outlying possession, or local government agency that includes a photograph and an expiration date. These may include a valid U.S. passport, a valid U.S. military identification card, a driver's license or non-driver identification card issued by a state, Federal, outlying possession, or local U.S. government agency.

Source Note: The provisions of this §65.1 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective April 29, 1992, 17 TexReg 2763; amended to be effective September 4, 1996, 21 TexReg 7975; amended to be effective November 19, 2000, 25 TexReg 11275; amended to be effective September 9, 2007, 32 TexReg 5654