Montana Code 80-10-205. Misbranding and adulteration prohibited
80-10-205. Misbranding and adulteration prohibited. (1) A person may not distribute a misbranded fertilizer or soil amendment. A fertilizer or soil amendment is misbranded if:
Terms Used In Montana Code 80-10-205
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Distribute: means to offer for sale, sell, barter, or otherwise supply commercial fertilizers or soil amendments. See Montana Code 80-10-101
- Label: means the display of all written, printed, or graphic matter on a container or a statement accompanying a fertilizer or soil amendment. See Montana Code 80-10-101
- Labeling: means all written, printed, or graphic matter on or accompanying any fertilizer or soil amendment and advertisements, brochures, websites, posters, and television and radio announcements used in promoting the sale of a fertilizer or soil amendment. See Montana Code 80-10-101
- Person: means an individual, partnership, association, firm, or corporation. See Montana Code 80-10-101
- Soil amendment: means any substance that is intended to improve the physical or chemical characteristics of soil. See Montana Code 80-10-101
(a)its labeling is false or misleading in any manner;
(b)it is distributed under the name of another fertilizer or soil amendment product;
(c)it is not labeled as required in 80-10-204 and in accordance with rules prescribed under this chapter;
(d)adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown on the label; or
(e)it purports to be or is represented as a fertilizer or soil amendment or is represented as containing a plant nutrient, fertilizer, or soil amendment ingredient unless that plant nutrient, fertilizer, or soil amendment conforms to the definition of identity, if any, prescribed by rule of the department. In adopting this type of rule, the department shall give consideration to commonly accepted definitions and official fertilizer and soil amendment terms as issued by the association of American plant food control officials.
(2)A person may not distribute an adulterated fertilizer or soil amendment product. A fertilizer or soil amendment is adulterated if:
(a)it contains any deleterious or harmful substance 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;
(b)its composition falls below or differs from that which it is purported to possess by its labeling; or
(c)it contains crop seed or weed seed.