3-352. Prohibited acts
A. It is unlawful for any person acting independently or as agent to distribute:
1. Any pesticide that has not been registered pursuant to section 3-351, 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, but at the discretion of the director, a change in the labeling or
formula of a pesticide may be made within a registration period without requiring
reregistration of the product.
2. 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 is 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 trademark under which the article is sold.
(c) The net weight or measure of the content subject, however, to such reasonable
variations as the state may permit.
3. Any pesticide that contains any substance or substances in quantities highly
toxic to humans, determined as provided in section 3-343, unless the label bears, in
addition to any other matter required by this article:
(a) Warning statements or symbols required by regulation.
(b) A statement of a practical treatment, first aid or otherwise in case of
poisoning by the pesticide.
4. Any pesticide that is adulterated or misbranded, or any device that is
misbranded.
5. Any pesticide the label of which does not contain necessary information, which
information the director has prescribed by rule.
B. It is unlawful:
1. For any person to detach, alter, deface or destroy, wholly or in part, any label
or labeling provided for in this article or rules adopted under this article, or to add
any substance to, or take any substance from, a pesticide in a manner that may defeat the
purposes of this article.
2. For any person to use for his own advantage or to reveal, other than to the
director or proper officials or employees of the state or to the courts of the state 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 section 3-351.
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