Section 28: Interpretation.

In this Act-
"adulterated fertilizer" means fertilizer -
(a) containing any deleterious substance in sufficient amount as to affect or alter the true and original quality of the fertilizer when applied in accordance with directions for use on the label or if adequate warning statements or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown upon the label; or
(b) the composition of which falls below or differs from that which it is purported to possess by its label;
"applicant" includes a body corporate or legal person;
"application" means the request for an approval by an applicant to produce, import, blend or sell fertilizer in Nigeria;
"authorised officer" means an officer of the Farm Inputs Supply Services Department of the Federal Ministry of Agriculture duly appointed or designated and notified under this Act to draw official samples of fertilizers to get their quality tested in a laboratory identified for this purpose, to inspect the fertilizer records being maintained by manufacturers, importers and distributors, and to launch prosecution against the violators of any of the provisions of this Act.
"brand" means design, trade mark, or other specific designation of the manufacturer, blender or importer under which fertilizer is distributed;
"court" includes Federal High Court, State High Court and Magistrate Court where applicable;
"director" means the Director in charge of the Farm Inputs Supply Services Department in the Federal
Ministry of Agriculture;
"director of a manufacturer, blender, importer or distributor" means a principal officer of a company engaged in manufacturing, importing, blending or distribution of fertilizer;
"distribute" means to consign, offer for sale, sell, barter, or supply fertilizer;
"employee" means any person being paid to work for a fertilizer manufacturer, importer, blender, distributor or dealer;
"fertilizer" means any organic or inorganic substance or mixture of substances containing one or more recognised plant nutrient that is used to improve plant nutrient content and is designed for use in promoting plant growth;
"holder of a permit or a certificate of registration" means a person who has obtained a permit or a certificate of registration under the provisions of this Act and as prescribed by regulations made under this Act;
"label" includes -
(a) all written, printed, marked symbols or graphic matter displayed upon the immediate container used in promoting the sale of fertilizers;
(b) statements accompanying a fertilizer, supplement or package used in prompting the sale of fertilizer; or
(c) advertisements, brochures, posters television, radio, or internet announcements used in promoting the sale of fertilizer;
"lawful authority" means by the authority of any law, rule or regulation or power exercisable by a person pursuant to any public power to command or act in the name of the public;
"manufacture" means produce or blend fertilizer;
"Minister" means the Minister responsible for Agriculture;
"Ministry" means the Ministry responsible for Agriculture.
"misbranding" includes -
(a) the use of the name or trademark of another manufacturer in a way that is likely to deceive the public;
(b) false declaration of the nutrient content of a fertilizer.
"nutrient deficient" means the analysis of any nutrient in the fertilizer is below the guarantee indicated on the bag by an amount exceeding the investigational allowance listed in the First Schedule, or if the overall index value of the fertilizer is below 98%; [First Schedule]
"official sample" means a sample of fertilizer taken for analysis and designated official by the prescribed authority;
"person" means a corporate body, individual, partnership, association, firm, or corporation;
"Prescribed Authority" means the Department responsible for fertilizer in the Federal Ministry of Agriculture;
"sell" includes to trade, offer for sale, expose for sale, or have in possession for sale any quantity of fertilizer;
"short weight" means deviation in weight of fertilizer content below the claimed weight on the label;
"supplement" means any substance or mixture of substances other than fertilizer, that is manufactured,
imported or sold for use in the improvement of the physical condition of soil or to aid plant growth or crop yield;
"unbranded" means the absence of the name, logo, trademark or other means of identification of a fertilizer and its importer, blender or manufacturer;
"underweight" means fertilizer content with short weight which exceeds the 0.6% of the weight claimed on the label; and
"violation" means a breach of any provision of this Act or regulations made under this Act.