West Virginia Code § 19-15-9

Misbranding
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No person shall distribute misbranded regulated products. A regulated product is considered
to be misbranded:
(a) If its label is false or misleading in any particular;
(b) If it is distributed under the name of another regulated product;
(c) If it is not labeled as required in section three of this article and in accordance with rules
prescribed under this article; or
(d) If it purports to be, to contain or is represented as a fertilizer, plant nutrient, soil
amendment, or horticultural growing medium, but is not according to the definition
prescribed by rule of the commissioner. In the adoptinag of legislative rules defining these
terms the commissioner shall give regard to commonly accepted definitions and official
terms such as those issued by the Association of Amlerican Plant Food Control Officials
(AAPFCO).

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