§ 106-92.3.  Definitions of terms.

For the purpose of this Article:

(1)        "Agricultural liming materials" means oxides, hydroxides, silicates or carbonates of calcium and/or magnesium compounds capable of neutralizing soil acidity.

(1a)      "Agricultural liming material and fertilizer mixture" means any agricultural liming material combined with a single fertilizer element or single plant nutrient.

(2)        "Brand" means the term, designation, trademark, product name or other specific designation truly descriptive of the product under which individual agricultural liming material is offered for sale.

(3)        "Bulk" means in nonpackaged form.

(4)        "Burnt lime" means a material, made from limestone which consists essentially of calcium oxide or combination of calcium oxide with magnesium oxide.

(5)        "Calcitic limestone" means limestone which contains less than six percent (6%) magnesium from magnesium carbonate.

(6)        "Calcium carbonate equivalent" means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.

(7)        "Dolomitic limestone" means limestone having a minimum of six percent (6%) magnesium from magnesium carbonate.

(8)        "Fineness" means the percentage by weight of the material which will pass U.S. Standard sieves of specified sizes.

(9)        "Hydrated lime" means a material, made from burnt lime, which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.

(10)      "Industrial by-product liming material" means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity.

(11)      "Label" means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.

(12)      "Landplaster" means a material containing calcium sulfate.

(13)      "Limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.

(14)      "Marl" means a granular or loosely consolidated earth-like material composed largely of sea shell fragments and calcium carbonate.

(15)      "Percent" or "percentage" which means by weight.

(16)      "Person" means individual, partnership, association, firm or corporation.

(17)      "Sale" means any transfer of title or possession, or both, exchange or barter of tangible personal property, conditional or otherwise for a consideration paid or to be paid, and this shall include any of said transactions whereby title or ownership is to pass and shall further mean and include any bailment, loan, lease, rental or license to use or consume tangible personal property for a consideration paid in which  possession of said property passes to bailee, borrower, lessee, or licensee.

(18)      "Sell" means the alienation, exchange, transfer or contract for such transfer of property for a fixed price in money or its equivalent.

(19)      "Suspension lime" means a product made by mixing agricultural liming materials with water and a suspending agent.

(20)      "Ton" means a net weight of 2,000 pounds avoirdupois.

(21)      "Weight" means the weight of undried material as offered for sale. (1979, c. 590; 1981, c. 449, s. 2.)