§ 106-579.9. Prohibited acts.
§ 106‑579.9. Prohibited acts.
It shall be unlawful to:
(1) Distribute any antifreeze which is adulterated ormisbranded.
(2) Distribute any antifreeze which has been banned by theBoard.
(3) Distribute any antifreeze which has not been registered inaccordance with G.S. 106‑579.4 or whose labeling is different from thataccepted for registration; provided, that any antifreeze declared to bediscontinued by the registrant must be registered by the registrant for onefull year after distribution is discontinued; provided further, that anyantifreeze in channels of distribution after the aforesaid registration periodmay be confiscated and disposed of by the Commissioner, unless the antifreezeis acceptable for registration and is continued to be registered by themanufacturer or the person offering the antifreeze for wholesale or retailsale.
(4) Refuse to permit entry or inspection or to permit theacquisition of a sample of antifreeze as authorized by G.S. 106‑579.8.
(5) Dispose of any antifreeze that is under "stopsale" or "withdrawal from distribution" order in accordance withG.S. 106‑579.10.
(6) Distribute any antifreeze unless it is in the registrant'sor manufacturer's unbroken package or is installed by the seller into thecooling system of the purchaser's vehicle directly from the registrant's ormanufacturer's package, and the label on such package if less than fivegallons, or the labeling of such package if five gallons or more, does not bearthe information required by G.S. 106‑579.6(1), (2), (3), and (4).
(7) Use the term "ethylene glycol" in connection withthe name of a product which contains other glycols unless it is qualified bythe word "base," "type," or similar word, and unless theproduct meets the following requirements:
a. It consists essentially of ethylene glycol;
b. If it contains suitable glycols other than ethylene glycol,that no more than a maximum of fifteen percent (15%) of such other glycols bepresent;
c. It contains a minimum total glycol content of ninety‑threepercent (93%) by weight;
d. The specific gravity is corrected to give reliable freezing‑pointreadings on a commercial ethylene glycol type hydrometer; and
e. The freezing point of a fifty percent (50%) by volumeaqueous mixture of the antifreeze shall not be above ‑34º F.
(8) Refuse, when requested, to permit a purchaser to see thecontainer from which antifreeze is drawn for installation into the purchaser'svehicle.
(9) Refill any container bearing a registered label, unless bythe registrant or his duly designated jobber, under regulations established bythe Board.
(10) Distribute any antifreeze for which a practical, rapid meansfor measuring the freeze protection by the user is not readily available,whether by hydrometer or other means.
(11) Distribute antifreeze which is in violation of the FederalPoison Prevention Packaging Act and regulations and related federal and Stateproduct safety laws and regulations.
(12) Distribute antifreeze in home consumer‑sized packageswhich are constructed of either transparent or translucent packaging materials.
(13) Disseminate any false or misleading advertisement relating toan antifreeze product. (1975, c. 719, s. 9.)