2-2203. Prohibited acts.
2-2203
2-2203. Prohibited acts.
(a) It shall be unlawful for any person to distribute, sell, or offer
for sale within this state or deliver for transportation or transport in
intrastate commerce or between points within this state through any point
outside this state any of the following: (1) Any agricultural chemical
which 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 claims
made for it, or if any of the directions for its use, differ in substance from
the representations made in connection with its registration; (3) any
agricultural chemical if the composition thereof differs from its composition
as represented in connection with its registration, unless within the
discretion of the secretary, or an authorized representative of the secretary,
a change in the labeling or formula of an agricultural chemical within a
registration period, has been authorized, without requiring a reregistration of
the product. (4) Any agricultural chemical, 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 be one through which the required information on the
immediate container cannot be clearly read, a label bearing the following:
(a) The name and address of the manufacturer, registrant, or person for
whom manufactured; (b) the name, brand, or trademark of said article and
(c) the minimum net weight or measure of the contents
except that herbicides shall be labeled to state the net weight of
contents. (5) Any agricultural chemical which contains any substance or
substances in quantities highly toxic to man, determined as provided in K.S.A.
2-2205, and amendments thereto, unless the label shall bear, in addition
to any other matter required by this act: (a) The skull and crossbones; (b)
the word "poison" prominently, in red, on a background of distinctly
contrasting 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 this
act, or by regulations promulgated hereunder, or to add any substance to,
or take any substance from, an agricultural chemical in any manner which
may defeat the purposes of this act. (2) For any person to use for his or
her own advantage or to reveal, other than to the secretary or an
authorized representative of the secretary, or proper officials or
employees of the state or to the courts of this 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 K.S.A. 2-2204, and
amendments thereto.
History: L. 1947, ch. 10, § 3;
L. 2009, ch. 128, § 3; July 1.