PART II. PESTICIDE LICENSING AND SALE

 

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

(1)  Any pesticide which is not licensed pursuant tosection 149A-13, or any pesticide if any of the claims made for it or any ofthe directions for its use differ in substance from the representations made inconnection with its licensing, or if the composition of a pesticide differsfrom its composition as represented in connection with its licensing; providedthat in the discretion of the department, a change in the labeling or formulaof a pesticide may be made within a licensing period without requiring anadditional licensing of the product.

(2)  Any pesticide unless it is in the licensee's orthe manufacturer's unbroken immediate container, and there is affixed to thecontainer and to the outside container or wrapper of the retail package, ifany, through which the required information on the immediate container cannotbe clearly read, a label bearing information pursuant to section 149A-15.

(3)  Any pesticide which contains any substance orsubstances in quantities highly toxic to humans, determined as provided insection 149A-19, unless the label bears, in addition to any other matterrequired 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 treatmentor an antidote when appropriate for the pesticide.

(4)  Pesticides containing any of the ingredientscommonly known as standard lead arsenate, basic lead arsenate, calciumarsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride,sodium fluosilicate, or barium fluosilicate, unless they have been distinctlycolored or discolored, or any other white powder pesticide which the boardrequires to be distinctly colored or discolored after investigation of andafter a public hearing on the necessity for and feasibility of coloring ordiscoloring the pesticide for the protection of the public health, unless ithas been so colored or discolored pursuant to section 149A-16.

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

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

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

(8)  Any restricted use pesticide to persons otherthan a certified pesticide applicator or any uncertified personnel under thecertified 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 inpart, any label or alter any labeling of a pesticide unless it is approved bythe 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 anyinformation relative to formulas of products acquired in the administration ofthis chapter, to persons other than to the chairperson or proper officials oremployees of the State or the federal government; to the courts of this Stateor the federal government in response to a subpoena; to physicians; or, inemergencies, to pharmacists and other qualified persons for use in thepreparation of antidotes;

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

(5)  For any pesticide dealer, wholesaler, or retailerto expose or to offer for sale or to solicit or receive orders for the sale ofrestricted use pesticides to any person other than a certified pesticideapplicator;

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

(7)  For any pesticide dealer to expose to, offer forsale to, or solicit or receive orders for the sale of restricted use pesticidesto any pest control operator or to an employee of the pest control operatoracting on the pest control operator's behalf without satisfactory proof thatthe pest control operator holds, or has held within the previous one hundredtwenty days, a pest control license and, when applicable, without satisfactoryproof that the employee is employed by the pest control operator. [L 1972, c58, pt of §1; am L 1975, c 126, pt of §1; am L 1979, c 88, §1; am L 1980, c232, §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]