94.676 Pesticides; misbranding. A pesticide is misbranded if:
(1) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, which is false or misleading in any particular.
(2) It is an imitation of, or is offered for sale under, the name of another pesticide.
(3) It is contained in a package or other container or wrapping which does not conform to the standards established under the federal act or rules of the department.
(4) Its label does not bear the registration number assigned to each establishment in which it was produced as required under the federal act or rules of the department.
(5) Any word, statement or other information required under the authority of the federal act or ss. 94.67 to 94.71 to appear on the label or labeling is not prominently placed on the label or labeling with conspicuousness, compared with other words, statements, designs or graphic matter in the labeling, and in terms so as to render it likely to be read and understood by the ordinary person under customary conditions of purchase and use.
(6) The labeling does not contain directions or instructions for use which are necessary for effecting the purpose for which the product is intended and which, if complied with, are adequate to protect health and the environment.
(7) The label does not contain a warning or caution statement which may be necessary and which, if complied with, is adequate to protect health and the environment.
(8) The label does not bear an ingredient statement on that part of the immediate container which is presented or displayed under customary conditions of purchase and on the outside container or wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, except that a pesticide is not misbranded under this subsection if:
(a) The size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and
(b) The ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, when authorized under the federal act.
(9) The labeling does not contain a statement of the use classification under which the pesticide is registered under the federal act or rules of the department.
(10) There is not affixed to its container and to the outside container or wrapper of the retail package, if any, through which the required information on the container can be read clearly, a label bearing:
(a) The name and address of the producer, registrant or person for whom produced;
(b) The name, brand or trademark under which the pesticide is sold;
(c) The net weight or measure of the contents subject to variations as authorized under state or federal law; and
(d) The registration number and use classification assigned to the pesticide when required under the federal act.
(11) The pesticide contains any substance or substances in quantities highly toxic to persons, unless the label bears, in addition to other required labeling:
(a) The sign of the “skull and crossbones";
(b) The word “POISON" prominently in red on a background of distinctly contrasting color; and
(c) An antidote statement of a practical treatment, first aid or otherwise, in case of pesticide poisoning.
(12) Its labeling contains statements, claims or directions for use which, if complied with, would violate any laws of this state or the federal act relating to the sale or use of pesticides.
History: 1975 c. 94 s. 91 (10); 1977 c. 106.