1. (a) A commercial fertilizer is misbranded if:

   1. (1) the commercial fertilizer carries any false or misleading statement upon or attached to the container; or

   2. (2) false or misleading statements concerning the commercial fertilizer's nutrient value are made:

      1. (A) on the container; or

      2. (B) in any advertising media accompanying or associated with the commercial fertilizer.

         It is unlawful to distribute a misbranded commercial fertilizer.

2. (b) It is unlawful to distribute an adulterated commercial fertilizer. For purposes of this subsection, a commercial fertilizer is adulterated if:

   1. (1) the commercial fertilizer contains any deleterious or harmful substance in a sufficient amount to render the commercial fertilizer injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label; or

   2. (2) the label does not include adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil, or water.

      [Pre-2008 Recodification Citation: 15-3-3-9.]

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.26.