Unlawful acts.

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It shall be unlawful to:

(a) Distribute any antifreeze which has not been registered in accordance with Section 39-51-40 or whose labeling is different from that accepted for registration; provided, that registration is not required for the orderly disposal within a reasonable period of stocks of discontinued brands of antifreeze not adulterated or otherwise misbranded which were properly registered in the immediately preceding registration period.

(b) Distribute any antifreeze which is adulterated or misbranded.

(c) Refuse to permit entry or inspection or to permit the acquisition of a sample of the antifreeze as authorized by Section 39-51-80.

(d) Dispose of any antifreeze that is under "withdrawal from distribution" order in accordance with Section 39-51-100.

(e) Distribute any antifreeze unless it is in the registrant's or manufacturer's unbroken package or is installed by the seller in the cooling system of the purchaser's vehicle directly from the registrant's or manufacturer's package and the label on such package if less than five gallons, or the labeling of such package if five gallons or more, does not bear the information required by Section 39-51-60 (a), (b), (c) and (d); provided, that the Commissioner may by regulation establish labeling and other reasonable requirements for the sale of a properly registered antifreeze from a bulk container into a container supplied by or for the purchaser.

(f) Use the term "ethylene glycol" in connection with the name of a product which contains other glycols unless it is qualified by the word "base", "type", or some such word, and unless the product meets the following requirements:

(1) Contains a minimum ethylene glycol content of seventy-five percent by regulation weight.

(2) Contains a minimum total glycol content of ninety-three percent by weight.

(3) Specific gravity is corrected to give reliable freezing point readings on a commercial ethylene glycol type hydrometer.

(4) The freezing points of mixtures containing equal volumes of the antifreeze and water shall not be above -32°F.

(g) Refill any container bearing a registered label other than a customer's container, without first obtaining permission from the registrant.

(h) Refuse, when requested, to permit a purchaser to see the container from which antifreeze is drawn for installation into the purchaser's vehicle.

HISTORY: 1975 (59) 567.


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