1.A person may not distribute, sell, or offer for sale within this state or deliver for
transportation or transport in intrastate commerce or between points within this state
through any point outside this state any of the following:
a.Any pesticide that has not been registered under section 4.1-34-03, or any
pesticide if any of the claims made for it or any of the directions for its use differ in
substance from the representations made in connection with its registration, or if
the composition of a pesticide differs from its composition as represented in
connection with its registration. The commissioner may allow a change in the
labeling or formula of a pesticide to be made within a registration period without
requiring reregistration of the product.
b.Any pesticide unless the pestici
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1. A person may not distribute, sell, or offer for sale within this state or deliver for
transportation or transport in intrastate commerce or between points within this state
through any point outside this state any of the following:
a. Any pesticide that has not been registered under section 4.1-34-03, or any
pesticide if any of the claims made for it or any of the directions for its use differ in
substance from the representations made in connection with its registration, or if
the composition of a pesticide differs from its composition as represented in
connection with its registration. The commissioner may allow a change in the
labeling or formula of a pesticide to be made within a registration period without
requiring reregistration of the product.
b. Any pesticide unless the pesticide is in:
(1) The registrant's or the manufacturer's unbroken immediate container; or
(2) A container repackaged by a facility or person with a United States
environmental protection agency issued establishment number, and there is
affixed to such container, and to any outside container or wrapper of the
retail package, a correct copy of the required labeling information from the
immediate container or there is in the outside container or wrapper an
opening through which the required labeling information on the immediate
container can be clearly read.
c. The pesticide commonly known as standard lead arsenate, basic lead arsenate,
calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium
fluoride, sodium fluosilicate, and barium fluosilicate unless the pesticide has been
distinctly colored or discolored as provided by rules issued in accordance with
this chapter, or any other white powder pesticide that the commissioner, after
investigation of and after public hearing on the necessity for the action for the
protection of the public health and the feasibility of the coloration or discoloration,
by rule, requires to be distinctly colored or discolored; unless it has been so
colored or discolored. The commissioner may exempt any pesticide to the extent
it is intended for a particular use or uses from the coloring or discoloring required
or authorized by this section if the commissioner determines the coloring or
discoloring for the use is not necessary for the protection of the public health.
d. Any pesticide that is adulterated or misbranded, or any device that is misbranded.
2. A person may not detach, alter, deface, or destroy, in whole or in part, any label or
labeling provided for in this chapter or rules adopted under this chapter, or to add any
substance to, or take any substance from, a pesticide in a manner that may defeat the
purpose of this chapter.
3. A person may not use for the person's own advantage or reveal other than in response
to a proper subpoena, except to a physician or other qualified person for use in the
preparation of an antidote, any information relative to the formula of any product
acquired by authority of this chapter.