(a) It shall be unlawful for any person to distribute, sell, oroffer for 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 pesticide which has not been registered pursuant to theprovisions of G.S. 143‑442, or any pesticide if any of the claims madefor it or any of the directions for its use differ in substance from the representationsmade in connection with the registration, or if the composition of a pesticidediffers from its composition as represented in connection with itsregistration: Except that, in the discretion of the Board, a change in thelabeling or formula of a pesticide may be made within a registration periodwithout requiring reregistration of the product.
(2) Any pesticide unless it is in the registrant's or themanufacturer's unbroken immediate container, and there is affixed to suchcontainer, and to the outside container or wrapper of the retail package, ifthere be one through which the required information on the immediate containercannot be clearly read, a label bearing:
a. The name and address of the manufacturer, registrant, orperson for whom manufactured;
b. The name, brand, or trademark under which said article issold; and
c. The net weight or measure of the content subject, however,to such reasonable variations as the Board may permit.
(3) Any pesticide which contains any substance or substances inquantities highly toxic to man, determined as provided in G.S. 143‑444,unless the label shall bear, in addition to any other matter required by thisPart:
a. The skull and crossbones;
b. The word "poison" prominently, in red, on abackground of distinctly contrasting color; and
c. A statement of an antidote for the pesticide.
(4) The pesticides commonly known as standard lead arsenate,basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zincarsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unlessthey have been distinctly colored or discolored as provided by regulationsissued in accordance with this Part, or any other white or lightly coloredpesticide which the Board, after investigation of and after public hearing onthe necessity for such action for the protection of the public health and thefeasibility of such coloration or discoloration, shall, by regulation, requireto be distinctly colored or discolored; unless it has been so colored ordiscolored, provided, that the Board may exempt any pesticide to the extentthat it is intended for a particular use or uses from the coloring ordiscoloring required or authorized by this section if the Board determines thatsuch coloring or discoloring for such use or uses is not necessary for theprotection of the public health.
(5) Any pesticide which is adulterated or misbranded, (or anydevice which is misbranded).
(6) Any pesticide in containers violating regulations adoptedpursuant to G.S. 143‑441. Pesticides found in containers which are unsafedue to damage or defective construction may be seized and impounded.
(b) It shall be unlawful:
(1) For any person to detach, alter, deface, or destroy, inwhole or in part, any label or labeling provided for in this Part orregulations promulgated hereunder, or to add any substance to, or take anysubstance from a pesticide in a manner that may defeat the purpose of thisPart;
(2) For any person to use for his own advantage or to reveal,other than to the Board or proper officials or employees of the State orfederal government or to the courts of this State in response to a subpoena, orto physicians, or in emergencies to pharmacists and other qualified persons,for use in the preparation of antidotes, any information relative to formulasof products acquired by authority of G.S. 143‑442.
(2a) Repealed by Session Laws 1981, c. 592, s. 3.
(3) For any person to use any pesticide in a manner inconsistentwith its labeling.
(4) For any person who contracts for the aerial application of apesticide to permit the application of any pesticide that is designated on itslabeling as toxic to bees without first notifying, based on available listings,the owner or operator of any apiary registered under the North Carolina Bee andHoney Act of 1977 that is within a distance designated by the Pesticide Boardas necessary and appropriate to prevent damage or injury.
(5) For any person to distribute, sell or offer for sale anyrestricted use pesticide to any dealer who does not hold a valid North CarolinaPesticide Dealer License.
(6) For any person to assault, resist, impede, intimidate, orinterfere with any State employee while that employee is engaged in theperformance of his or her duties under this Article.
(7) For any person to apply, for compensation, a pesticide thathas not been registered pursuant to G.S. 143‑442. (1971, c. 832, s. 1; 1975, c. 425, s. 3; 1979, c. 448,ss. 4, 5; 1981, c. 547; c. 592, ss. 3, 4; 1987, c. 559, s. 8; 1995, c. 445, s.3.)
(a) It shall be unlawful for any person to distribute, sell, oroffer for 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 pesticide which has not been registered pursuant to theprovisions of G.S. 143‑442, or any pesticide if any of the claims madefor it or any of the directions for its use differ in substance from the representationsmade in connection with the registration, or if the composition of a pesticidediffers from its composition as represented in connection with itsregistration: Except that, in the discretion of the Board, a change in thelabeling or formula of a pesticide may be made within a registration periodwithout requiring reregistration of the product.
(2) Any pesticide unless it is in the registrant's or themanufacturer's unbroken immediate container, and there is affixed to suchcontainer, and to the outside container or wrapper of the retail package, ifthere be one through which the required information on the immediate containercannot be clearly read, a label bearing:
a. The name and address of the manufacturer, registrant, orperson for whom manufactured;
b. The name, brand, or trademark under which said article issold; and
c. The net weight or measure of the content subject, however,to such reasonable variations as the Board may permit.
(3) Any pesticide which contains any substance or substances inquantities highly toxic to man, determined as provided in G.S. 143‑444,unless the label shall bear, in addition to any other matter required by thisPart:
a. The skull and crossbones;
b. The word "poison" prominently, in red, on abackground of distinctly contrasting color; and
c. A statement of an antidote for the pesticide.
(4) The pesticides commonly known as standard lead arsenate,basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zincarsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unlessthey have been distinctly colored or discolored as provided by regulationsissued in accordance with this Part, or any other white or lightly coloredpesticide which the Board, after investigation of and after public hearing onthe necessity for such action for the protection of the public health and thefeasibility of such coloration or discoloration, shall, by regulation, requireto be distinctly colored or discolored; unless it has been so colored ordiscolored, provided, that the Board may exempt any pesticide to the extentthat it is intended for a particular use or uses from the coloring ordiscoloring required or authorized by this section if the Board determines thatsuch coloring or discoloring for such use or uses is not necessary for theprotection of the public health.
(5) Any pesticide which is adulterated or misbranded, (or anydevice which is misbranded).
(6) Any pesticide in containers violating regulations adoptedpursuant to G.S. 143‑441. Pesticides found in containers which are unsafedue to damage or defective construction may be seized and impounded.
(b) It shall be unlawful:
(1) For any person to detach, alter, deface, or destroy, inwhole or in part, any label or labeling provided for in this Part orregulations promulgated hereunder, or to add any substance to, or take anysubstance from a pesticide in a manner that may defeat the purpose of thisPart;
(2) For any person to use for his own advantage or to reveal,other than to the Board or proper officials or employees of the State orfederal government or to the courts of this State in response to a subpoena, orto physicians, or in emergencies to pharmacists and other qualified persons,for use in the preparation of antidotes, any information relative to formulasof products acquired by authority of G.S. 143‑442.
(2a) Repealed by Session Laws 1981, c. 592, s. 3.
(3) For any person to use any pesticide in a manner inconsistentwith its labeling.
(4) For any person who contracts for the aerial application of apesticide to permit the application of any pesticide that is designated on itslabeling as toxic to bees without first notifying, based on available listings,the owner or operator of any apiary registered under the North Carolina Bee andHoney Act of 1977 that is within a distance designated by the Pesticide Boardas necessary and appropriate to prevent damage or injury.
(5) For any person to distribute, sell or offer for sale anyrestricted use pesticide to any dealer who does not hold a valid North CarolinaPesticide Dealer License.
(6) For any person to assault, resist, impede, intimidate, orinterfere with any State employee while that employee is engaged in theperformance of his or her duties under this Article.
(7) For any person to apply, for compensation, a pesticide thathas not been registered pursuant to G.S. 143‑442. (1971, c. 832, s. 1; 1975, c. 425, s. 3; 1979, c. 448,ss. 4, 5; 1981, c. 547; c. 592, ss. 3, 4; 1987, c. 559, s. 8; 1995, c. 445, s.3.)
(a) It shall be unlawful for any person to distribute, sell, oroffer for 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 pesticide which has not been registered pursuant to theprovisions of G.S. 143‑442, or any pesticide if any of the claims madefor it or any of the directions for its use differ in substance from the representationsmade in connection with the registration, or if the composition of a pesticidediffers from its composition as represented in connection with itsregistration: Except that, in the discretion of the Board, a change in thelabeling or formula of a pesticide may be made within a registration periodwithout requiring reregistration of the product.
(2) Any pesticide unless it is in the registrant's or themanufacturer's unbroken immediate container, and there is affixed to suchcontainer, and to the outside container or wrapper of the retail package, ifthere be one through which the required information on the immediate containercannot be clearly read, a label bearing:
a. The name and address of the manufacturer, registrant, orperson for whom manufactured;
b. The name, brand, or trademark under which said article issold; and
c. The net weight or measure of the content subject, however,to such reasonable variations as the Board may permit.
(3) Any pesticide which contains any substance or substances inquantities highly toxic to man, determined as provided in G.S. 143‑444,unless the label shall bear, in addition to any other matter required by thisPart:
a. The skull and crossbones;
b. The word "poison" prominently, in red, on abackground of distinctly contrasting color; and
c. A statement of an antidote for the pesticide.
(4) The pesticides commonly known as standard lead arsenate,basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zincarsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unlessthey have been distinctly colored or discolored as provided by regulationsissued in accordance with this Part, or any other white or lightly coloredpesticide which the Board, after investigation of and after public hearing onthe necessity for such action for the protection of the public health and thefeasibility of such coloration or discoloration, shall, by regulation, requireto be distinctly colored or discolored; unless it has been so colored ordiscolored, provided, that the Board may exempt any pesticide to the extentthat it is intended for a particular use or uses from the coloring ordiscoloring required or authorized by this section if the Board determines thatsuch coloring or discoloring for such use or uses is not necessary for theprotection of the public health.
(5) Any pesticide which is adulterated or misbranded, (or anydevice which is misbranded).
(6) Any pesticide in containers violating regulations adoptedpursuant to G.S. 143‑441. Pesticides found in containers which are unsafedue to damage or defective construction may be seized and impounded.
(b) It shall be unlawful:
(1) For any person to detach, alter, deface, or destroy, inwhole or in part, any label or labeling provided for in this Part orregulations promulgated hereunder, or to add any substance to, or take anysubstance from a pesticide in a manner that may defeat the purpose of thisPart;
(2) For any person to use for his own advantage or to reveal,other than to the Board or proper officials or employees of the State orfederal government or to the courts of this State in response to a subpoena, orto physicians, or in emergencies to pharmacists and other qualified persons,for use in the preparation of antidotes, any information relative to formulasof products acquired by authority of G.S. 143‑442.
(2a) Repealed by Session Laws 1981, c. 592, s. 3.
(3) For any person to use any pesticide in a manner inconsistentwith its labeling.
(4) For any person who contracts for the aerial application of apesticide to permit the application of any pesticide that is designated on itslabeling as toxic to bees without first notifying, based on available listings,the owner or operator of any apiary registered under the North Carolina Bee andHoney Act of 1977 that is within a distance designated by the Pesticide Boardas necessary and appropriate to prevent damage or injury.
(5) For any person to distribute, sell or offer for sale anyrestricted use pesticide to any dealer who does not hold a valid North CarolinaPesticide Dealer License.
(6) For any person to assault, resist, impede, intimidate, orinterfere with any State employee while that employee is engaged in theperformance of his or her duties under this Article.
(7) For any person to apply, for compensation, a pesticide thathas not been registered pursuant to G.S. 143‑442. (1971, c. 832, s. 1; 1975, c. 425, s. 3; 1979, c. 448,ss. 4, 5; 1981, c. 547; c. 592, ss. 3, 4; 1987, c. 559, s. 8; 1995, c. 445, s.3.)
