§ 146-b. Misbranded or adulterated fertilizer. No commercial
fertilizer shall be distributed in this state if it is deemed to be
misbranded or adulterated.

(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.