Section 76-11-10 - Misbranding.
76-11-10. Misbranding.
No person shall distribute misbranded fertilizer or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be misbranded if:
A. its labeling is false or misleading in any particular;
B. it is distributed under the name of another fertilizer or soil conditioner product;
C. it is not labeled as required in Section 76-11-5 NMSA 1978 and in accordance with regulations prescribed under the New Mexico Fertilizer Act [Article 11 of Chapter 76 NMSA 1978]; or
D. it purports to be, or is represented as, a commercial fertilizer or soil conditioner, or is represented as containing a plant nutrient, commercial fertilizer or soil conditioner unless such plant nutrient, commercial fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by regulation of the board; in adopting such regulations, 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.