Florida Statutes 576.151 – Prohibited acts
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Terms Used In Florida Statutes 576.151
- Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of fertilizer. See Florida Statutes 576.011
- Department: means the Department of Agriculture and Consumer Services or its authorized representatives. See Florida Statutes 576.011
- Fertilizer: means any substance which:(a) Contains one or more recognized plant nutrients and promotes plant growth, or(b) Controls soil acidity or alkalinity, or(c) Provides other soil enrichment, or(d) Provides other corrective measures to the soil. See Florida Statutes 576.011
- Fertilizer material: means a fertilizer that meets one of the following requirements:
(a) Contains important quantities of no more than one of the primary nutrients: nitrogen (N), phosphate (P2O5), and potash (K2O). See Florida Statutes 576.011- Label: means a display of written, printed, or graphic matter upon the immediate container of any fertilizer or accompanying any fertilizer when moved in bulk. See Florida Statutes 576.011
- Labeling: means all labels and other written, printed, or graphic matters upon an article or any of its containers or wrappers accompanying such article. See Florida Statutes 576.011
- Licensee: means a person who guarantees a fertilizer and receives a license to distribute fertilizer under the provisions of this chapter. See Florida Statutes 576.011
- Manufacturer: means a person engaged in the business of importing, preparing, mixing, blending, or manufacturing fertilizer for sale, either direct to consumers or by or through other media of distribution, and the word "manufacture" means preparation, mixing, blending, or manufacturing for the purpose of distribution. See Florida Statutes 576.011
- Mixed fertilizer: means a fertilizer containing any combination or mixtures of fertilizers. See Florida Statutes 576.011
- Water-insoluble nitrogen: means nitrogen not soluble in water. See Florida Statutes 576.011
The following acts are prohibited:(1) The dissemination of any false advertisement or advertising matter with reference to the distribution or sale of fertilizer.(2) The refusal to permit entry or inspection or the taking of samples.(3) The removal or disposal of a detained or “stop-sale” lot of fertilizer or the stop-sale order.(4) The detaching, altering, defacing or destruction, in whole or in part, of any label or labeling provided for in this law or rules adopted hereunder.(5) The placing or causing to be placed on labels any false advertisement or misleading statement.(6) The misbranding of fertilizer.(7) The forging, counterfeiting, simulating, falsely representing, or improper use of any label authorized or required by s. 576.031, or any rule or regulation.(8) The sale of any material as a fertilizer or as an ingredient of any mixed fertilizer showing an activity of water-insoluble nitrogen less than prescribed by the Association of Official Analytical Chemists. Fertilizer not defined by the Association of American Plant Food Control Officials may be distributed as fertilizer, provided the licensee furnishes an acceptable definition, Association of Official Analytical Chemists analysis, or other appropriate method of analysis and provides efficacy studies with appropriate controls that have been generated in accordance with good scientific practices whose results have been peer reviewed and published in a generally available scientific journal or have been reviewed and recognized by the research department of an accredited agricultural college or university. The data must clearly quantify and demonstrate a beneficial plant growth response attributable to the fertilizer material when it is used in accordance with the manufacturer‘s or distributor’s recommendations.(9) The failure or refusal to do or perform any affirmative provision or the doing or performing of any prohibited provision of this chapter or of any rule adopted pursuant to this chapter.