A person shall not distribute misbranded fertilizer or soil conditioner. A fertilizer or soil conditioner is misbranded if:

1. A. its labeling is false or misleading in any particular;
2. B. it is distributed under the name of another fertilizer or soil conditioner product;
3. C. it is not labeled as required in Section 76-11-5 NMSA 1978 and in accordance with rules prescribed under the New Mexico Fertilizer Act; or
4. D. it purports to be or is represented as a fertilizer or soil conditioner or is represented as containing a plant nutrient, fertilizer or soil conditioner unless such plant nutrient, fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by rule of the board; in adopting such rules, the board shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the association of American plant food control officials.

History: 1953 Comp., § 45-13-20, enacted by Laws 1975, ch. 181, § 10; 2013, ch. 112, § 9.

ANNOTATIONS

Repeals and reenactments. — Laws 1975, ch. 181, § 10, repealed 45-13-20, 1953 Comp., relating to false or misleading statements, and enacted a new section.

The 2013 amendment, effective June 14, 2013, prohibited the distribution of misbranded fertilizer and soil conditioner; in the introductory sentence and in Subsection D, deleted "commercial" before "fertilizer"; and in Subsections C and D, deleted "regulations" and added "rules".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 57.

3 C.J.S. Agriculture § 78.