§ 23-25-5 - Misbranded.
SECTION 23-25-5
§ 23-25-5 Misbranded. – The term "misbranded" applies:
(1) To any pesticide or device designated under §23-25-9(b)(4):
(i) If its labeling bears any statement, design, or graphicrepresentation relative to it or to its ingredients which is false ormisleading in any particular;
(ii) If it is an imitation of or is distributed under thename of another pesticide;
(iii) If any word, statement, or other information requiredto appear on the label or labeling is not prominently placed on it with anyconspicuousness (as compared with other words, statements, designs, or graphicmatter in the labeling) and in any terms as to render it unlikely to be readand understood by the ordinary individual under customary conditions ofpurchase and use.
(2) To any pesticide:
(i) If the labeling does not contain a statement of the EPAuse classification under which the product is registered;
(ii) If the labeling accompanying it does not containdirections for use which are necessary for effecting the purpose for which theproduct is intended and, if complied with, together with any requirementsimposed under § 3(d) of FIFRA, 7 U.S.C. § 136a(d), are not adequateto protect health and the environment;
(iii) If the label does not bear:
(A) Name, brand, or trademark under which the pesticide isdistributed;
(B) An ingredient statement on that part of the immediatecontainer (and on the outside container and wrapper of the retail package, ifthere is one, through which the ingredient statement on the immediate containercannot be clearly read) which is presented or displayed under customaryconditions of purchase; provided, that the ingredient statement may appearprominently on another part of the container, as permitted pursuant to §2(q)(2)(A) of FIFRA, 7 U.S.C. § 136(q)(2)(A), if the size or form of thecontainer makes it impracticable to place it on the part of the retail packagewhich is presented or displayed under customary conditions of purchase;
(C) A warning or caution statement which may be necessary andwhich, if complied with together with any requirements imposed under §3(d) of FIFRA, 7 U.S.C. § 136a(d), would be inadequate to protect thehealth and environment;
(D) The net weight or measure of the content;
(E) The name and address of the manufacturer, registrant, orperson for whom manufactured; and
(F) The EPA registration number assigned to eachestablishment in which it was produced and the EPA registration number assignedto the pesticide, if required by regulations under FIFRA.
(iv) If the pesticide contains any substance or substances inquantities highly toxic to humans, unless the label bears, in addition to otherlabel requirements:
(A) The skull and crossbones;
(B) The word "POISON" in red prominently displayed on abackground of distinctly contrasting color; and
(C) A statement of a practical treatment (first aid orotherwise) in case of poisoning by the pesticide.
(v) If the pesticide container does not bear a registeredlabel.