§ 15-16-4-25 — "Misbranded"

As used in this chapter, "misbranded" refers
to any of the following:
(1) Any pesticide product if its labeling bears any:
(A) statement;
(B) design; or
(C) graphic representation;
relative to the pesticide product or to its ingredients that is false
or misleading.
(2) Any pesticide product if any of the following apply:
(A) It is an imitation of or is offered for sale under the name of
another pesticide product.
(B) Its labeling bears any reference to registration under this
chapter.
(C) The labeling accompanying it does not contain instructions
for use that are necessary and, if complied with, adequate for
the protection of the public.
(D) The label does not contain a warning or caution statement
that may be necessary and, if complied with, adequate to
prevent injury to humans and other vertebrate animals.
(E) The label does not bear an ingredient statement on that part
of the immediate container and on any outside container or
wrapper through which the ingredient statement on the
immediate container cannot be clearly read of the retail package
that is presented or displayed under customary conditions of
purchase. However, a pesticide product is not misbranded
under this definition if the size or form of the immediate
container or the outside container or wrapper of the retail
package makes it impracticable to place the ingredient
statement on the part that is presented or displayed under
customary conditions of purchase and the ingredient statement
appears prominently on another part of the immediate
container, outside container or wrapping, or labeling, as
permitted by the state chemist.
(F) Any word, statement, or other information required under
this chapter or the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.) to appear on the labeling
is not prominently placed on the labeling with conspicuousness
(as compared with other words, statements, designs, or graphic
matter in the labeling) and in terms that make it likely to be
read and understood by the average individual under customary
conditions of purchase and use.
(G) In the case of an insecticide, nematocide, fungicide, or
herbicide, when used as directed or in accordance with
commonly recognized practice, it is injurious to humans or
other vertebrate animals, vegetation, except weeds to which it
is applied, or the individual applying the pesticide.
(H) In the case of a plant regulator, defoliant, or desiccant when
used as directed, it is injurious to humans or other vertebrate
animals, vegetation to which it is applied, or the individual
applying the pesticide. However, physical or physiological
effects on plants or parts of plants are not considered to be
injurious, if that is the purpose for which the plant regulator,
defoliant, or desiccant was applied, in accordance with the label
claims and recommendations.
(I) The immediate container does not clearly display the United
States Environmental Protection Agency establishment number
indicating the specific location where the pesticide product was
produced.
[Pre-2008 Recodification Citation: 15-3-3.5-2(19).]

Legislative History

As added by P.L.2-2008, SEC.7.