§ 35-9-113 — Misbranded

(1) The term misbranded shall apply:

(a) To any pesticide or device 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) To any pesticide:

(I) If it is an imitation of or is offered for sale under the name of another
pesticide;

(II) If its labeling bears any reference to registration under the provisions of
this article unless such reference is required by this article or rules or regulations
adopted pursuant thereto;

(III) If any word, statement, or other information required by this article or
rules adopted under this article to appear on the labeling is not prominently placed
thereon with such conspicuousness, as compared with other words, statements,
designs, or graphic matter 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;

(IV) If the label does not bear:

(A) The name and address of the manufacturer, registrant, or person for
whom manufactured;

(B) The name, brand, or trademark under which the pesticide is sold;

(C) An ingredient statement on that part of the immediate container of the
retail package which is presented or displayed under customary conditions of
purchase and on the outside container or wrapper thereof, if there is one and if the
ingredient statement on the immediate container cannot be clearly read through
such outside container or wrapper; except that the commissioner may permit the
ingredient statement to appear prominently on some other part of the container, 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;

(D) Directions for use and a warning or caution statement which are
necessary and, if complied with, adequate to protect the public and to prevent
injury to the public, including living people, useful vertebrate animals, useful
vegetation, useful invertebrate animals, wildlife, and land;

(E) The weight or measure of the content, subject to the provisions of article
14 of this title; and

(F) Any registration number or establishment number issued by the EPA;

(V) If the pesticide contains any substance or substances in quantities highly
toxic to people, unless the label bears, in addition to any other matter required by
this article:

(A) The skull and crossbones;

(B) The word poison prominently in red on a background of distinctly
contrasting color; and

(C) A statement of a practical treatment in case of poisoning by the
pesticide;

(VI) If the pesticide container does not bear a label or if the label does not
contain all the information required by this article or rules adopted pursuant
thereto.

Legislative History

Source: L. 90: Entire article R&RE, p. 1565, � 1, effective June 7.