No person shall distribute a misbranded fertilizer. A fertilizer is misbranded if:
(1)  The labeling is false or misleading;

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Terms Used In Idaho Code 22-613

  • Department: means the Idaho state department of agriculture or its authorized representative. See Idaho Code 22-603
  • Distribute: means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter or otherwise distribute or supply fertilizer in this state. See Idaho Code 22-603
  • Fertilizer: means any substance containing one (1) or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, and includes limes and gypsum. See Idaho Code 22-603
  • Labeling: means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of such fertilizer. See Idaho Code 22-603
  • Person: means an individual, partnership, association, firm or corporation. See Idaho Code 22-603
(2)  It is distributed under the name of another fertilizer product;
(3)  It is not labeled as required in section 22-607, Idaho Code, and in accordance with rules prescribed under this chapter; or
(4)  It purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by rule of the department. In adopting such rules the department shall give due regard to commonly accepted definitions and official fertilizer terms as stated or provided for in section 22-603, Idaho Code.