N.Y. Agriculture and Markets Law 146-B – Misbranded or adulterated fertilizer
§ 146-b. Misbranded or adulterated fertilizer. No commercial fertilizer shall be distributed in this state if it is deemed to be misbranded or adulterated.
Terms Used In N.Y. Agriculture and Markets Law 146-B
- commercial fertilizer: shall mean any substances containing one or more recognized plant nutrients 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, agricultural liming material, wood ashes, gypsum and other products exempted by regulation of the commissioner. See N.Y. Agriculture and Markets Law 143
- commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 143
- label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See N.Y. Agriculture and Markets Law 143
- labelling: means all written, printed or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such commercial fertilizers. See N.Y. Agriculture and Markets Law 143
(a) A commercial fertilizer shall be deemed to be misbranded:
(1) if its labelling is false or misleading in any particular; or
(2) if it purports to be or is represented as a commercial fertilizer, or is represented as containing a plant nutrient or commercial fertilizer unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulation of the commissioner; in the adopting of such regulations the commissioner shall give due regard to commonly accepted definitions and official fertilizer terms such as those employed by the association of American plant food control officials.
(b) A commercial fertilizer shall be deemed to be adulterated:
(1) if it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown upon the label;
(2) if its composition falls below or differs from that which it is purported to possess by its labelling;
(3) if it contains unwanted crop seed or weed seed; or
(4) if it contains metals in amounts greater than those levels the commissioner may establish by regulation, based upon the consensus research-based recommendations of an organization of state, territorial and international fertilizer control officials who administer fertilizer laws and regulations.