281.240. Conditions under which pesticides may be sold, distributed or transported--other acts prohibited.
Conditions under which pesticides may be sold, distributed ortransported--other acts prohibited.
281.240. 1. No person shall distribute, sell, offer forsale, hold for sale, deliver for transportation, or transport inintrastate commerce or between points within this state throughany point outside of this state any of the following:
(1) Any pesticide which has not been registered pursuant tothe provisions of section 281.260, or any pesticide if any of theclaims made for it or any of the directions for its use differ insubstance from the representations made in connection with itsregistration, or if the composition of a pesticide differs fromits registration; provided that, in the discretion of thedirector, a minor change in the labeling or formula of apesticide may be made within a registration period withoutrequiring reregistration of the product;
(2) Any pesticide, unless it is in the registrant's or themanufacturer's unbroken immediate container or a bulk containersealed by the registrant, and there is affixed to such container,and to the outside container or wrapper of the retail package, ifthere be one, through which the required information on theimmediate container cannot be clearly read, a label bearing:
(a) The name and address of the manufacturer, registrant, orperson for whom manufactured;
(b) The name, brand, or trademark under which said articleis sold; and
(c) The net weight or measure of the contents, subject,however, to such reasonable variations as the director maypermit;
(3) Any pesticide which contains any substance or substancesin quantities highly toxic to man unless the label shall bear, inaddition to any other matter required by sections 281.210 to281.310:
(a) The skull and crossbones;
(b) The word "poison" prominently, in red, on a backgroundof distinctly contrasting color; and
(c) A statement of an antidote for the pesticide;
(4) Any pesticide which is adulterated or misbranded, or anydevice which is misbranded.
2. It shall be unlawful:
(1) For any person to detach, alter, deface, or destroy, inwhole or in part, any label or labeling provided for in sections281.210 to 281.310, or rules promulgated thereunder, or to addany substance to or take any substance from a pesticide in amanner that may defeat the purpose of sections 281.210 to281.310;
(2) For any person to use for his own advantage or toreveal, other than to the director or proper officials oremployees of this state, the courts of this state in response toa subpoena, physicians, or, in emergencies, pharmacists and otherqualified persons for use in the preparation of antidotes, anyinformation relative to formulas of products acquired byauthority of section 281.260.
(L. 1955 p. 26 § 3, A.L. 1982 H.B. 1514 § 263.300)*Transferred 1992; formerly 263.280