80-10-205. Misbranding and adulteration prohibited. No person shall distribute a misbranded or adulterated fertilizer or soil amendment. A commercial fertilizer or soil amendment is misbranded if it:
     (1) carries any false or misleading statement upon or attached to the container or if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the product;
     (2) is distributed under the name of another product;
     (3) is not labeled as required in 80-10-204 and in accordance with rules prescribed under this chapter; or
     (4) purports to be or is represented as a commercial fertilizer or is represented as containing a plant nutrient or commercial fertilizer, unless that plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by rule of the department. In adopting this type rule, the department shall give due regard to commonly accepted definitions and official fertilizer terms as issued by the association of American plant food control officials.

     History: En. 3-1720.1 by Sec. 7, Ch. 279, L. 1975; R.C.M. 1947, 3-1720.1.