§ 4.1-40-09 — Misbranding

1. A person may not distribute a misbranded fertilizer, fertilizer material, micronutrient,
specialty fertilizer, soil amendment, or plant amendment.
2. A fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant
amendment is misbranded if:
a. False or misleading statements concerning the product are disseminated in any
manner or by any means;
b. The product label carries a false or misleading statement;
c. The product is distributed under the name of another product;
d. The product is not labeled as required by this chapter or rules implemented under
this chapter; or
e. The product is inaccurately represented as a fertilizer, or is inaccurately
represented as containing a plant nutrient or fertilizer unless the plant nutrient or
fertilizer conforms to the definition, if any, prescribed in rule by the commissioner.
3. In adopting rules, the commissioner shall consider commonly accepted definitions and
official fertilizer terms such as those issued by the association of American plant food
control officials.