Sec. 42. (a) A commercial fertilizer is misbranded if: (1) the commercial fertilizer carries any false or misleading statement upon or attached to the container; or (2) false or misleading statements concerning the commercial fertilizer's nutrient value are made: (A) on the container; or (B) in any advertising media accompanying or associated with the commercial fertilizer. It is unlawful to distribute a misbranded commercial fertilizer. (b) It is unlawful to distribute an adulterated commercial fertilizer. For purposes of this subsection, a commercial fertilizer is adulterated if: (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) 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.]
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