(a) For any person to distribute, sell, offer for sale or use within the Virgin Islands or deliver for transportation or transport in intrastate commerce or between points within the Virgin Islands through any point outside the Virgin Islands any of the following:
(1) Any pesticide which has not been registered pursuant to the provisions of this chapter or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided that in the discretion of the Commissioner a change in the labeling or formula of a pesticide may be made within a registration period without requiring re-registration of the product.
(2) Except as specified in regulation authorizing alternative pesticide containers, any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing:
(A) The name and address of the manufacturer, registrant, or person for whom manufactured;
(B) The name, brand, or trade-mark under which said [pesticide] is sold; and
(C) The net weight or measure of the content; subject, however, to such reasonable variations as the Commissioner may permit.
(3) Any pesticide which contains any substance or substances in quantities highly toxic to humans, determined as provided in section 804 of this chapter, unless the label shall bear, in addition to any other matter required by this chapter:
(A) The skull and crossbones;
(B) The word “poison” prominently, in red, on a background of distinctly contrasting color; and
(C) A statement of an antidote for the pesticide.
(4) The pesticide commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with this chapter, or any other white powder pesticide which the Commissioner, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored; unless it has been so colored or discolored; provided, that the Commissioner may exempt any pesticide to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.
(5) Any pesticide which is adulterated or misbranded.
(b) For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter.
(c) For any person to use for his own advantage or to reveal, other than to the Commissioner or proper officials or employees of the Virgin Islands government or to the courts of the Virgin Islands in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of this chapter.
(d) For any person to store or dispose of any pesticide, or of any container that holds or has held a pesticide, except in compliance with the rules and regulations of the Commissioner.
(e) For any person to distribute, sell, offer for sale, purchase for the purpose of re-sale, or possess for the purpose of re-sale any restricted use pesticide without a commercial permit issued by the Commissioner.
(f) For a commercial permit holder to sell restricted use pesticides except to the holder of a non-cancelled purchase permit or to the holder of a commercial permit or a certified applicator.
(g) For any person to purchase or possess, except for the purpose of re-sale, or use any restricted use pesticide without a purchase permit issued by the Commissioner or without being a certified applicator.
(h) For any person to engage in application of pesticides without a pesticide applicator certificate registration issued by the Commissioner, except while working under the direct supervision of a certified applicator.
(i) For any person or business to engage in the business of applying pesticides unless the business is registered by the Commissioner.
(j) For any person to remove or dispose of a seized or quarantined pesticide by sale or otherwise without the Commissioner's permission.
(k) For any person to fail to maintain or provide reports pursuant to section 834.