Title 2, Chapter 7, Section 53
( 2-7-53)
The term "misbranded" shall apply: (1) To any pesticide or device subject to this article: (A) If its labeling bears any statement, design, or graphic
representation relative thereto or to its ingredients which is
false or misleading in any particular; (B) If it is an imitation of or is distributed under the name of
another pesticide; or (C) If any word, statement, or other information required to
appear on the label or labeling is not prominently placed
thereon with such conspicuousness, as compared with other words,
statements, designs, or graphic matter in the labeling, or in
such terms as to render it likely to be read and understood by
the ordinary individual under customary conditions of purchase
and use; (2) To any pesticide: (A) If the labeling does not contain a statement of the federal
use classification under which the product is registered; (B) If the labeling accompanying it does not contain directions
for use which are necessary for effecting the purpose for which
the product is intended and which, if complied with, together
with any requirements imposed under Section 3(d) of FIFRA, are
adequate to protect health and the environment; or (C) If the label does not bear: (i) The name, brand, or trademark under which the pesticide is
distributed; (ii) An ingredient statement on that part of the immediate
container which is presented or displayed under customary
conditions of purchase, and on the outside container and
wrapper of the retail package, if there is such a container
and wrapper through which the ingredient statement on the
immediate container cannot be clearly read, provided that the
ingredient statement may appear prominently on another part of
the container, as permitted pursuant to Section 2(q)(2)(A) of
FIFRA if the size or form of the container makes it
impracticable to place it on the part of the retail package
which is presented or displayed under customary conditions of
purchase; (iii) A warning or caution statement which may be necessary
and which, if complied with together with any requirements
imposed under Section 3(d) of FIFRA, would be adequate to
protect health and the environment; (iv) The net weight or measure of the contents; (v) The name and address of the manufacturer, registrant, or
person for whom manufactured; and
(vi) The Environmental Protection Agency registration number
assigned to the pesticide and the Environmental Protection
Agency establishment number if required by regulations under
FIFRA; (D) If the pesticide contains any substance or substances in
quantities highly toxic to man, unless the label bears, in
addition to other label requirements: (i) The skull and crossbones; (ii) The word "POISON" in red, prominently displayed on a
background of distinctly contrasting color; and (iii) A statement of a practical treatment, first aid or
otherwise, in case of poisoning by the pesticide; or (E) If the pesticide container does not bear a registered label
or does not bear a label stating that it is for "experimental
use only." |