No person shall distribute misbranded fertilizer or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is distributed under the name of another fertilizer product or soil conditioner;

(3) If it is not labeled as required in § 2105 of this title and in accordance with regulations prescribed under this chapter;

(4) If it purports to be or is represented as a commercial fertilizer or soil conditioner or is represented as containing a plant nutrient or commercial fertilizer or soil conditioner, unless such plant nutrient or commercial fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by regulation of the Secretary; in the adopting of such regulations the Secretary shall give due regard to commonly accepted definitions and official fertilizer or soil conditioner terms such as those issued by the Association of American Plant Food Control Officials.

3 Del. C. 1953, § ?2110; 58 Del. Laws, c. 157; 83 Del. Laws, c. 140, § 1;

Terms Used In Delaware Code Title 3 Sec. 2110

  • commercial fertilizer: means any substance containing 1 or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and other products exempted by regulation of the Secretary;

    a. See Delaware Code Title 3 Sec. 2103

  • labeling: means any advertising, promotional or promotion of any fertilizer or soil conditioner including, but not limited to, all written, printed, graphic or electronic communication used in promoting the sale of such fertilizer or soil conditioner. See Delaware Code Title 3 Sec. 2103
  • person: includes individual, partnership, association, ?rm and corporation. See Delaware Code Title 3 Sec. 2103
  • Secretary: means the Secretary of the State Department of Agriculture or the Secretary's duly authorized delegates. See Delaware Code Title 3 Sec. 2103
  • soil conditioner: means any substance or mixture of substances, including any plant biostimulant, imported, manufactured, prepared or sold for manurial soil-enriching or soil-corrective purposes or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of plants, improving the quality of crops, or producing any chemical, biochemical, biological or physical change in the soil, except commercial fertilizer as defined in this chapter, unmanipulated animal and vegetable manures, and agricultural liming materials. See Delaware Code Title 3 Sec. 2103