PART II. 
PESTICIDE LICENSING AND SALE



 



§149A-11  Prohibited acts.  (a)  Except
as otherwise exempted in section 149A-12, it shall be unlawful for any person
to distribute, solicit, sell, offer for sale, hold for sale, transport, deliver
for transportation, or receive and having so received, deliver or offer to
deliver to any person in intrastate commerce or between points within this
State through any point outside this State any of the following:



(1)  Any pesticide which is not licensed pursuant to
section 149A-13, 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 licensing, or if the composition of a pesticide differs
from its composition as represented in connection with its licensing; provided
that in the discretion of the department, a change in the labeling or formula
of a pesticide may be made within a licensing period without requiring an
additional licensing of the product.



(2)  Any pesticide unless it is in the licensee's or
the manufacturer's unbroken immediate container, and there is affixed to the
container and to the outside container or wrapper of the retail package, if
any, through which the required information on the immediate container cannot
be clearly read, a label bearing information pursuant to section 149A-15.



(3)  Any pesticide which contains any substance or
substances in quantities highly toxic to humans, determined as provided in
section 149A-19, unless the label bears, in addition to any other matter
required by this chapter:



(A)  A symbol of the skull and crossbones;



(B)  The word "POISON" prominently,
in red, on a background of distinctly contrasting color; and



(C)  A statement of emergency medical treatment
or an antidote when appropriate for the pesticide.



(4)  Pesticides containing any of the ingredients
commonly known as standard lead arsenate, basic lead arsenate, calcium
arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride,
sodium fluosilicate, or barium fluosilicate, unless they have been distinctly
colored or discolored, or any other white powder pesticide which the board
requires to be distinctly colored or discolored after investigation of and
after a public hearing on the necessity for and feasibility of coloring or
discoloring the pesticide for the protection of the public health, unless it
has been so colored or discolored pursuant to section 149A-16.



(5)  Any pesticide or device which is adulterated or
misbranded as defined in section 149A-2.



(6)  Any pesticide or device that is an imitation of
another pesticide or device.



(7)  Any restricted use pesticide unless the person
has a permit issued in accordance with section 149A-17.



(8)  Any restricted use pesticide to persons other
than a certified pesticide applicator or any uncertified personnel under the
certified pesticide applicator's supervision, or a licensed dealer, wholesaler,
or retailer.



(b)  It shall be unlawful to:



(1)  Detach, alter, deface, or destroy, in whole or in
part, any label or alter any labeling of a pesticide unless it is approved by
the department to correct an improper label or labeling under section 24(c),
FIFRA;



(2)  Add any substance to, or take any substance from,
a pesticide in a manner that may defeat the purpose of this chapter;



(3)  Use for a person's own advantage or reveal any
information relative to formulas of products acquired in the administration of
this chapter, to persons other than to the chairperson or proper officials or
employees of the State or the federal government; to the courts of this State
or the federal government in response to a subpoena; to physicians; or, in
emergencies, to pharmacists and other qualified persons for use in the
preparation of antidotes;



(4)  For any pesticide dealer, wholesaler, or retailer
to expose or to offer for sale or to solicit or receive orders for the sale of
restricted use pesticides unless the dealer, wholesaler, or retailer has
applied for and has obtained a license from the department;



(5)  For any pesticide dealer, wholesaler, or retailer
to expose or to offer for sale or to solicit or receive orders for the sale of
restricted use pesticides to any person other than a certified pesticide
applicator;



(6)  For any pesticide dealer, wholesaler, or retailer
to make any verbal or written claim or representation relating to any pesticide
product that is inconsistent with the specific pesticide product label; or



(7)  For any pesticide dealer to expose to, offer for
sale to, or solicit or receive orders for the sale of restricted use pesticides
to any pest control operator or to an employee of the pest control operator
acting on the pest control operator's behalf without satisfactory proof that
the pest control operator holds, or has held within the previous one hundred
twenty days, a pest control license and, when applicable, without satisfactory
proof that the employee is employed by the pest control operator. [L 1972, c
58, pt of §1; am L 1975, c 126, pt of §1; am L 1979, c 88, §1; am L 1980, c
232, §7; am L 1981, c 33, §2; gen ch 1985; am L 1987, c 310, §3; gen ch 1993;
am L 2007, c 71, §2]