NAC588.120. Sale or distribution of adulterated commercial fertilizer or agricultural mineral.

     1. A person shall not sell, offer for sale or distribute a commercial fertilizer or agricultural mineral if it is adulterated.

     2. For the purposes of this section, and except as otherwise provided in subsection 3, a commercial fertilizer or agricultural mineral 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:

          (1) It is applied in accordance with the directions for use on the label or tag; or

          (2) Adequate warning statements or directions for use which may be necessary to protect beneficial plant life, animals, humans, aquatic life, soil or water are not shown on the label or tag;

     (b) Its actual composition differs from that set forth on the label or tag; or

     (c) It contains unwanted crop seed or weed seed.

     3. A commercial fertilizer or agricultural mineral is not adulterated solely because it contains one or more additional plant nutrients as set forth in NAC 588.050.

     (Added to NAC by Dep’t of Agriculture by R242-03, eff. 11-13-2006)