2-2203.   Prohibited acts.(a) It shall be unlawful for any person to distribute, sell, or offerfor sale within this state or deliver for transportation or transport inintrastate commerce or between points within this state through any pointoutside this state any of the following: (1) Any agricultural chemicalwhich has not been registered pursuant to the provisions of K.S.A. 2-2204,and amendments thereto; (2) any agricultural chemical, if any of the claimsmade for it, or if any of the directions for its use, differ in substance fromthe representations made in connection with its registration; (3) anyagricultural chemical if the composition thereof differs from its compositionas represented in connection with its registration, unless within thediscretion of the secretary, or an authorized representative of the secretary,a change in the labeling or formula of an agricultural chemical within aregistration period, has been authorized, without requiring a reregistration ofthe product. (4) Any agricultural chemical, unless it is in the registrant's orthe manufacturer's unbroken immediate container, and there is affixed to suchcontainer, and to the outside container or wrapper of the retailpackage, if there be one through which the required information on theimmediate container cannot be clearly read, a label bearing the following:(a) The name and address of the manufacturer, registrant, or person forwhom manufactured; (b) the name, brand, or trademark of said article and(c) the minimum net weight or measure of the contentsexcept that herbicides shall be labeled to state the net weight ofcontents. (5) Any agricultural chemical which contains any substance orsubstances in quantities highly toxic to man, determined as provided in K.S.A.2-2205, and amendments thereto, unless the label shall bear, in additionto any other matter required by this act: (a) The skull and crossbones; (b)the word "poison" prominently, in red, on a background of distinctlycontrasting color; and (c) a statement of an antidote for the pesticide.(6) Any agricultural chemical which is adulterated or misbranded.

      (b)   It shall be unlawful: (1) For any person to detach, alter, deface,or destroy, in whole or in part, any label or labeling provided for in thisact, or by regulations promulgated hereunder, or to add any substance to,or take any substance from, an agricultural chemical in any manner whichmay defeat the purposes of this act. (2) For any person to use for his orher own advantage or to reveal, other than to the secretary or anauthorized representative of the secretary, or proper officials oremployees of the state or to the courts of this state in response to asubpoena, or to physicians, or in emergencies to pharmacists and otherqualified persons, for use in the preparation of antidotes, any informationrelative to formulas of products acquired by authority of K.S.A. 2-2204, andamendments thereto.

      History:   L. 1947, ch. 10, § 3;L. 2009, ch. 128, § 3; July 1.