Marvin Mandel, Governor                         677

This section shall not be construed to require the disclosure of
the name of the consignee or the sale price of the commercial fertilizer
or any aspect of the operations of any person other than as specifically
required herein; and when more than one person is involved in the
distribution of a commercial fertilizer, the last registrant who dis-
tributes to a non-registrant (dealer or consumer) is responsible for
reporting the tonnage, unless the reporting has been made by a
prior distributor of the fertilizer.

477.    Misbranding.

No person shall distribute misbranded [fertilizer] products.

A commercial fertilizer or soil conditioner shall be deemed to be
misbranded:

(a)    If its labeling is false or misleading in any particular.

(b)    If it is distributed under the name of another [fertilizer]
product.

(c)    If it is not labeled as required in Section 475 of this subtitle
and in regulations prescribed under this subtitle.

(d)    If [it] a fertilizer purports to be or is represented as a
commercial fertilizer or if it purports to contain or is represented
as containing a fertilizer material, unless such fertilizer material
conforms to the definition of identity, if any, prescribed by regulation
of the State Chemist; in the adopting of such regulations the State
Chemist shall give due regard to commonly accepted definitions such
as those issued by the Association of American [Fertilizer] Plant
Food Control Officials, Inc.

(e)    If any word, statement, or other information required by or
under authority of this subtitle to appear on the label or labeling
is not prominently placed thereon with such conspicuousness (as
compared with other words, statements, designs, or devices, in the
labeling) and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use.

478.    Sampling, inspection, analysis and testing.

(a)    Duty of State Chemist; right of entry.—It shall be the duty
of the State Chemist who may act through his authorized agent, to
sample, inspect, make analyses of, and test commercial fertilizer
and soil conditioners distributed within this State at such time and
place to such an extent as he may deem necessary to determine
whether such [fertilizer] products are in compliance with the provi-
sions of this subtitle. The State Chemist individually or through
his agent, is authorized to enter upon any public or private premises
including any vehicle of transport during regular business hours in
order to have access to commercial fertilizers and soil conditioners
and to records relating to their distribution.

(b)    Methods of sampling and analysis.—The methods of sampling
and analysis shall be those adopted by the State Chemist from sources
such as the Journal of the Association of Official [Agricultural]
Analytical Chemists or from such methods as will insure representa-
tive sampling and accurate examination.