A. It is unlawful for any person to manufacture, distribute, sell, offer forsale, use or offer for use:
1. Any pesticide not registered pursuant to the provisions of this chapter;any pesticide if any of the claims made for it or any of the directions forits use differ in substance from the representations made in connection withits registration; or any pesticide if the composition of a pesticide differsfrom its composition as represented in connection with its registration.
2. Any pesticide sold, offered for sale, or offered for use that is not inthe registrant's or the manufacturer's unbroken container, and does not havean affixed and visible label bearing the following information:
a. The name and address of the manufacturer, registrant, or person for whommanufactured;
b. The name, brand, or trademark under which said pesticide is sold; and
c. The net weight or measure of the content, subject to reasonable variationsas permitted by the Commissioner.
3. Any pesticide containing any substance in quantities highly toxic to man,unless the label bears:
a. A skull and crossbones;
b. The word "poison" shown prominently in red on a background of distinctlycontrasting color; and
c. A statement of an antidote for the pesticide.
4. The pesticides commonly known as lead arsenate, basic lead arsenate,calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodiumfluoride, sodium fluosilicate, and barium fluosilicate, unless they have beendistinctly colored as provided by regulations issued hereunder. Any otherwhite powder pesticide that the Commissioner requires to be distinctlycolored after an investigation of and after a public hearing on the necessityfor such action. The Commissioner may exempt any pesticide to the extent thatit is intended for a particular use if he determines that distinctivecoloring is unnecessary for the protection of the public health.
5. Any pesticide that is adulterated or misbranded, or any device that ismisbranded.
6. Any pesticide that is the subject of a stop sale, use, or removal order asprovided for in § 3.2-3944 until such time as the provisions of that sectionhave been met.
B. It is unlawful for any person to use or cause to be used any pesticide ina manner inconsistent with its labeling or regulations of the Board, providedthat such deviation may include provisions set forth in Section 2 (ee) of theFederal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.).
C. It is unlawful to dispose of containers or unused portions of pesticide ina manner inconsistent with label directions or the regulations of the Boardin the absence of label directions, or if those regulations further restrictsuch disposal.
D. It is unlawful for any person to knowingly use any pesticide against anyorganism that is otherwise protected under fish, game, or migratory birdlaws, without first obtaining authorization as necessary from the federal orstate agency responsible for the protection of the organism.
E. It is unlawful for any person to detach, alter, deface or destroy, inwhole or in part, any label or labeling provided for in this chapter or theregulations adopted hereunder.
F. It is unlawful for any manufacturer, distributor, dealer, carrier, orother person to refuse, upon a request in writing specifying the nature orkind of pesticide or device to which such request relates, to furnish to orpermit any person designated by the Commissioner to have access to and tocopy such records of business transactions as may be essential in carryingout the purposes of this chapter.
G. It is unlawful for any person to give a guaranty or undertaking providedfor in § 3.2-3941 that is false in any particular, except that a person whoreceives and relies upon a guaranty authorized under such section may give aguaranty to the same effect, which guaranty shall contain in addition to hisown name and address the name and address of the person residing in the U.S.from whom he received the guaranty or undertaking.
H. It is unlawful for any person to oppose or interfere in any way with theCommissioner in carrying out the duties imposed by this chapter.
(Code 1950, §§ 3-208.31, 3-208.32, 3-208.34, 3-208.35, 3-208.37; 1960, c.535; 1966, c. 702, §§ 3.1-233, 3.1-234, 3.1-236, 3.1-237, 3.1-239; 1970, c.376, § 3.1-233.1; 1975, c. 102; 1976, c. 627; 1981, c. 260; 1989, c. 575, §§3.1-249.63 to 3.1-249.67, 3.1-249.69; 1993, c. 773; 2008, c. 860.)
A. It is unlawful for any person to manufacture, distribute, sell, offer forsale, use or offer for use:
1. Any pesticide not registered pursuant to the provisions of this chapter;any pesticide if any of the claims made for it or any of the directions forits use differ in substance from the representations made in connection withits registration; or any pesticide if the composition of a pesticide differsfrom its composition as represented in connection with its registration.
2. Any pesticide sold, offered for sale, or offered for use that is not inthe registrant's or the manufacturer's unbroken container, and does not havean affixed and visible label bearing the following information:
a. The name and address of the manufacturer, registrant, or person for whommanufactured;
b. The name, brand, or trademark under which said pesticide is sold; and
c. The net weight or measure of the content, subject to reasonable variationsas permitted by the Commissioner.
3. Any pesticide containing any substance in quantities highly toxic to man,unless the label bears:
a. A skull and crossbones;
b. The word "poison" shown prominently in red on a background of distinctlycontrasting color; and
c. A statement of an antidote for the pesticide.
4. The pesticides commonly known as lead arsenate, basic lead arsenate,calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodiumfluoride, sodium fluosilicate, and barium fluosilicate, unless they have beendistinctly colored as provided by regulations issued hereunder. Any otherwhite powder pesticide that the Commissioner requires to be distinctlycolored after an investigation of and after a public hearing on the necessityfor such action. The Commissioner may exempt any pesticide to the extent thatit is intended for a particular use if he determines that distinctivecoloring is unnecessary for the protection of the public health.
5. Any pesticide that is adulterated or misbranded, or any device that ismisbranded.
6. Any pesticide that is the subject of a stop sale, use, or removal order asprovided for in § 3.2-3944 until such time as the provisions of that sectionhave been met.
B. It is unlawful for any person to use or cause to be used any pesticide ina manner inconsistent with its labeling or regulations of the Board, providedthat such deviation may include provisions set forth in Section 2 (ee) of theFederal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.).
C. It is unlawful to dispose of containers or unused portions of pesticide ina manner inconsistent with label directions or the regulations of the Boardin the absence of label directions, or if those regulations further restrictsuch disposal.
D. It is unlawful for any person to knowingly use any pesticide against anyorganism that is otherwise protected under fish, game, or migratory birdlaws, without first obtaining authorization as necessary from the federal orstate agency responsible for the protection of the organism.
E. It is unlawful for any person to detach, alter, deface or destroy, inwhole or in part, any label or labeling provided for in this chapter or theregulations adopted hereunder.
F. It is unlawful for any manufacturer, distributor, dealer, carrier, orother person to refuse, upon a request in writing specifying the nature orkind of pesticide or device to which such request relates, to furnish to orpermit any person designated by the Commissioner to have access to and tocopy such records of business transactions as may be essential in carryingout the purposes of this chapter.
G. It is unlawful for any person to give a guaranty or undertaking providedfor in § 3.2-3941 that is false in any particular, except that a person whoreceives and relies upon a guaranty authorized under such section may give aguaranty to the same effect, which guaranty shall contain in addition to hisown name and address the name and address of the person residing in the U.S.from whom he received the guaranty or undertaking.
H. It is unlawful for any person to oppose or interfere in any way with theCommissioner in carrying out the duties imposed by this chapter.
(Code 1950, §§ 3-208.31, 3-208.32, 3-208.34, 3-208.35, 3-208.37; 1960, c.535; 1966, c. 702, §§ 3.1-233, 3.1-234, 3.1-236, 3.1-237, 3.1-239; 1970, c.376, § 3.1-233.1; 1975, c. 102; 1976, c. 627; 1981, c. 260; 1989, c. 575, §§3.1-249.63 to 3.1-249.67, 3.1-249.69; 1993, c. 773; 2008, c. 860.)
A. It is unlawful for any person to manufacture, distribute, sell, offer forsale, use or offer for use:
1. Any pesticide not registered pursuant to the provisions of this chapter;any pesticide if any of the claims made for it or any of the directions forits use differ in substance from the representations made in connection withits registration; or any pesticide if the composition of a pesticide differsfrom its composition as represented in connection with its registration.
2. Any pesticide sold, offered for sale, or offered for use that is not inthe registrant's or the manufacturer's unbroken container, and does not havean affixed and visible label bearing the following information:
a. The name and address of the manufacturer, registrant, or person for whommanufactured;
b. The name, brand, or trademark under which said pesticide is sold; and
c. The net weight or measure of the content, subject to reasonable variationsas permitted by the Commissioner.
3. Any pesticide containing any substance in quantities highly toxic to man,unless the label bears:
a. A skull and crossbones;
b. The word "poison" shown prominently in red on a background of distinctlycontrasting color; and
c. A statement of an antidote for the pesticide.
4. The pesticides commonly known as lead arsenate, basic lead arsenate,calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodiumfluoride, sodium fluosilicate, and barium fluosilicate, unless they have beendistinctly colored as provided by regulations issued hereunder. Any otherwhite powder pesticide that the Commissioner requires to be distinctlycolored after an investigation of and after a public hearing on the necessityfor such action. The Commissioner may exempt any pesticide to the extent thatit is intended for a particular use if he determines that distinctivecoloring is unnecessary for the protection of the public health.
5. Any pesticide that is adulterated or misbranded, or any device that ismisbranded.
6. Any pesticide that is the subject of a stop sale, use, or removal order asprovided for in § 3.2-3944 until such time as the provisions of that sectionhave been met.
B. It is unlawful for any person to use or cause to be used any pesticide ina manner inconsistent with its labeling or regulations of the Board, providedthat such deviation may include provisions set forth in Section 2 (ee) of theFederal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.).
C. It is unlawful to dispose of containers or unused portions of pesticide ina manner inconsistent with label directions or the regulations of the Boardin the absence of label directions, or if those regulations further restrictsuch disposal.
D. It is unlawful for any person to knowingly use any pesticide against anyorganism that is otherwise protected under fish, game, or migratory birdlaws, without first obtaining authorization as necessary from the federal orstate agency responsible for the protection of the organism.
E. It is unlawful for any person to detach, alter, deface or destroy, inwhole or in part, any label or labeling provided for in this chapter or theregulations adopted hereunder.
F. It is unlawful for any manufacturer, distributor, dealer, carrier, orother person to refuse, upon a request in writing specifying the nature orkind of pesticide or device to which such request relates, to furnish to orpermit any person designated by the Commissioner to have access to and tocopy such records of business transactions as may be essential in carryingout the purposes of this chapter.
G. It is unlawful for any person to give a guaranty or undertaking providedfor in § 3.2-3941 that is false in any particular, except that a person whoreceives and relies upon a guaranty authorized under such section may give aguaranty to the same effect, which guaranty shall contain in addition to hisown name and address the name and address of the person residing in the U.S.from whom he received the guaranty or undertaking.
H. It is unlawful for any person to oppose or interfere in any way with theCommissioner in carrying out the duties imposed by this chapter.
(Code 1950, §§ 3-208.31, 3-208.32, 3-208.34, 3-208.35, 3-208.37; 1960, c.535; 1966, c. 702, §§ 3.1-233, 3.1-234, 3.1-236, 3.1-237, 3.1-239; 1970, c.376, § 3.1-233.1; 1975, c. 102; 1976, c. 627; 1981, c. 260; 1989, c. 575, §§3.1-249.63 to 3.1-249.67, 3.1-249.69; 1993, c. 773; 2008, c. 860.)
