§ 2110 — Misbranding

No person shall distribute misbranded fertilizer or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is distributed under the name of another fertilizer product or soil conditioner;

(3) If it is not labeled as required in § 2105 of this title and in accordance with regulations prescribed under this chapter;

(4) If it purports to be or is represented as a commercial fertilizer or soil conditioner or is represented as containing a plant nutrient or commercial fertilizer or soil conditioner, unless such plant nutrient or commercial fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by regulation of the Secretary; in the adopting of such regulations the Secretary shall give due regard to commonly accepted definitions and official fertilizer or soil conditioner terms such as those issued by the Association of American Plant Food Control Officials.

Legislative History

3 Del. C. 1953, § 2110; 58 Del. Laws, c. 157 ; 83 Del. Laws, c. 140, § 1