3.2-3938 - Misbranded pesticides.
§ 3.2-3938. Misbranded pesticides.
Any pesticide or device is misbranded if:
1. Its labeling bears any statement, design, or graphic representationrelative thereto or to its ingredients that is false or misleading in anyparticular;
2. It is an imitation of or is offered for sale under the name of anotherpesticide;
3. Its labeling bears any reference to registration under this chapter;
4. The accompanying labeling does not contain directions for use that areadequate for the protection of the public;
5. The label does not contain a warning or caution statement that may benecessary and, if complied with, adequate to prevent injury to man, othervertebrate animals, vegetation, and useful invertebrate animals;
6. The label does not bear an ingredient statement or guaranteed analysisstatement on the immediate container of the retail package (and on theoutside container or wrapper if such statement on the immediate containercannot be clearly read) that is presented or displayed under customaryconditions of purchase. The Commissioner may permit the ingredient statementto appear prominently on some other part of the container if the size or formof the container makes it impracticable to place it on the part of the retailpackage that is presented or displayed under customary conditions of purchase;
7. Any words, statement, or other information required under this chapter toappear on the labeling is not prominently placed thereon with suchconspicuousness (as compared with other words, statements, designs, orgraphic matter in the labeling) and in such terms as to render it likely tobe read and understood by the ordinary individual under customary conditionsof purchase and use;
8. In the case of an insecticide, fungicide, or herbicide, when used asdirected or in accordance with commonly recognized safe practice, it shall beinjurious to living man or other vertebrate animals or vegetation to which itis applied, or to the person applying such pesticide, excepting pests andweeds; or
9. In the case of a plant regulator, defoliant, or desiccant, when used asdirected it shall be injurious to living man or other vertebrate animals, orvegetation to which it is applied, or to the person applying such pesticide;provided that physical or physiological effects on plants or parts thereofshall not be deemed to be injury, when this is the purpose for which theplant regulator, defoliant, or desiccant was applied, in accordance with thelabel claims and recommendations.
(1989, c. 575, § 3.1-249.27;1993, c. 773; 1995, c. 103; 2008, c. 860.)