§ 368 — Misbranding

(a) No person shall distribute a misbranded fertilizer, beneficial substance, or agricultural lime. A fertilizer or beneficial substance shall be deemed to be misbranded if the Secretary determines one or more of the following:
(1) The labeling is false or misleading in any particular.
(2) It is distributed under the name of another fertilizer product or beneficial substance.
(3) It contains unsubstantiated claims.
(4) It is not labeled as required in section 365 of this title and in accordance with rules adopted under this chapter.
(5) It is labeled, or represented, to contain a plant nutrient that does not conform to the standard of identity established by rule. In adopting rules under this chapter, the Secretary shall consider definitions recommended by the Association of American Plant Food Control Officials.
(b) An agricultural lime shall be deemed to be misbranded if:
(1) its labeling is false or misleading in any particular; or
(2) it is not labeled as required by section 365 of this title and in accordance with rules adopted under this chapter. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10; 2021, No. 105 (Adj. Sess.), § 61, eff. July 1, 2022; 2025, No. 59, § 1, eff. July 1, 2025.)