(1) The term "misbranded" shall apply:
(a) To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (b) To any pesticide:
If it is an imitation of or is offered for sale under the name of another pesticide;
If its labeling bears any reference to registration under the provisions of this articleunless such reference is required by this article or rules or regulations adopted pursuant thereto;
If any word, statement, or other information required by this article or rules adoptedunder this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (IV) If the label does not bear:
The name and address of the manufacturer, registrant, or person for whom manufactured;
The name, brand, or trademark under which the pesticide is sold;
An ingredient statement on that part of the immediate container of the retail packagewhich is presented or displayed under customary conditions of purchase and on the outside container or wrapper thereof, if there is one and if the ingredient statement on the immediate container cannot be clearly read through such outside container or wrapper; except that the commissioner may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
Directions for use and a warning or caution statement which are necessary and, ifcomplied with, adequate to protect the public and to prevent injury to the public, including living people, useful vertebrate animals, useful vegetation, useful invertebrate animals, wildlife, and land;
The weight or measure of the content, subject to the provisions of article 14 of thistitle; and
Any registration number or establishment number issued by the EPA;
(V) If the pesticide contains any substance or substances in quantities highly toxic to people, unless the label bears, in addition to any other matter required by this article:
The skull and crossbones;
The word "poison" prominently in red on a background of distinctly contrasting color; and
A statement of a practical treatment in case of poisoning by the pesticide;
(VI) If the pesticide container does not bear a label or if the label does not contain all the information required by this article or rules adopted pursuant thereto.
Source: L. 90: Entire article R&RE, p. 1565, § 1, effective June 7.
Editor's note: This section is similar to former § 35-9-104 as it existed prior to 1990.