MARVIN MANDEL, Governor                                      1627

FERTILIZES OR SOIL CONDITIONER, IDENTIFIED BY NAME,
GRADE, OR CODE DESIGNATION AS CERTIFIED BY THE
SECRETARY.

REVISOR'S NOTE: This subsection presently appears
as Art. 66C, §473(s) of the Code. The only
changes made are in style.

(O) A COMMERCIAL FERTILIZER OR SOIL CONDITIONER
IS "MISBRANDED", IF:

(1)    ITS LABELING IS FALSE OR MISLEADING IN
ANY PARTICULAR;

(2)   IT IS DISTRIBUTED UNDER THE NAME OF
ANOTHER [[PARTICULAR]] PRODUCT;

(3)    IT IS NOT LABELED AS REQUIRED IN §6-210
AND IN RULES AND REGULATIONS PRESCRIBED UNDER THIS
SUBTITLE;

(4)    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 THE FERTILIZER MATERIAL
CONFORMS TO ANY DEFINITION OF IDENTITY, PRESCRIBED BY
DEPARTMENTAL RULES AND REGULATIONS WHICH GIVE DUE
REGARD TO COMMONLY ACCEPTED DEFINITIONS, SUCH AS,
THOSE ISSUED BY THE ASSOCIATION OF AMERICAN PLANT FOOD
CONTROL OFFICIALS, INC.; OR

(5)     ANY WORD, STATEMENT, OR OTHER
INFORMATION, REQUIRED TO APPEAR ON THE LABEL OR
LABELING, IS NOT PLACED ON IT PROMINENTLY AND
CONSPICUOUSLY AS COMPARED WITH OTHER WORDS,
STATEMENTS, DESIGNS, OR DEVICES IN THE LABELING, AND
IT IS NOT IN TERMS THAT FENDER IT LIKELY TO BE READ
AND UNDERSTOOD BY THE ORDINARY INDIVIDUAL UNDER
CUSTOMARY CONDITIONS OF PURCHASE AND USE.

REVISOR'S NOTE: This subsection is new language
derived from Art. 66C, §477 of the Code and
set forth here because it applies to the
subtitle.

(P) "MIXED FERTILIZER" MEANS A COMMERCIAL
FERTILIZER CONTAINING ANY COMBINATION, BLEND, OR
MIXTURE OF FERTILIZER MATERIALS DESIGNED FOR USE OR
CLAIMED TO HAVE VALUE IN PROMOTING PLANT GROWTH.

REVISOR'S NOTE: This subsection presently appears