§ 146-B — Misbranded or adulterated fertilizer

§ 146-b. Misbranded or adulterated fertilizer. No commercial\nfertilizer shall be distributed in this state if it is deemed to be\nmisbranded or adulterated.\n (a) A commercial fertilizer shall be deemed to be misbranded:\n (1) if its labelling is false or misleading in any particular; or\n (2) if it purports to be or is represented as a commercial fertilizer,\nor is represented as containing a plant nutrient or commercial\nfertilizer unless such plant nutrient or commercial fertilizer conforms\nto the definition of identity, if any, prescribed by regulation of the\ncommissioner; in the adopting of such regulations the commissioner shall\ngive due regard to commonly accepted definitions and official fertilizer\nterms such as those employed by the association of American plant food\ncontrol officials.\n (b) A commercial fertilizer shall be deemed to be adulterated:\n (1) if it contains any deleterious or harmful ingredient in sufficient\namount to render it injurious to beneficial plant life, animals, humans,\naquatic life, soil, or water when applied in accordance with directions\nfor use on the label, or if adequate warning statements or directions\nfor use, which may be necessary to protect plant life, animals, humans,\naquatic life, soil, or water are not shown upon the label;\n (2) if its composition falls below or differs from that which it is\npurported to possess by its labelling;\n (3) if it contains unwanted crop seed or weed seed; or\n (4) if it contains metals in amounts greater than those levels the\ncommissioner may establish by regulation, based upon the consensus\nresearch-based recommendations of an organization of state, territorial\nand international fertilizer control officials who administer fertilizer\nlaws and regulations.\n