Section 4.1-40-09 - Misbranding1. A person may not distribute a misbranded fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment.2. A fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment is misbranded if: a. False or misleading statements concerning the product are disseminated in any manner or by any means;b. The product label carries a false or misleading statement;c. The product is distributed under the name of another product;d. The product is not labeled as required by this chapter or rules implemented under this chapter; ore. The product is inaccurately represented as a fertilizer, or is inaccurately represented as containing a plant nutrient or fertilizer unless the plant nutrient or fertilizer conforms to the definition, if any, prescribed in rule by the commissioner.3. In adopting rules, the commissioner shall consider commonly accepted definitions and official fertilizer terms such as those issued by the association of American plant food control officials.Added by S.L. 2017, ch. 67 (SB 2027),§ 9, eff. 7/1/2017.