2-7-53. Meaning of ‘‘misbranded.’’

The term ‘‘misbranded’’ shall apply:

To any pesticide or device subject to this article:#

1. (A)

   If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;#

2. (B)

   If it is an imitation of or is distributed under the name of another pesticide; or#

3. (C)

   If any word, statement, or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, or in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;#

To any pesticide:#

1. (A)

   If the labeling does not contain a statement of the federal use classification under which the product is registered;#

2. (B)

   If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and which, if complied with, together with any requirements imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment; or#

3. (C)

   If the label does not bear:#

   1. (i)

      The name, brand, or trademark under which the pesticide is distributed;#

   2. (ii)

      An ingredient statement on that part of the immediate container which is presented or displayed under customary conditions of purchase, and on the outside container and wrapper of the retail package, if there is such a container and wrapper through which the ingredient statement on the immediate container cannot be clearly read, provided that the ingredient statement may appear prominently on another part of the container, as permitted pursuant to Section 2(q)(2)(A) of FIFRA if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;#

   3. (iii)

      A warning or caution statement which may be necessary and which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, would be adequate to protect health and the environment;#

   4. (iv)

      The net weight or measure of the contents;#

   5. (v)

      The name and address of the manufacturer, registrant, or person for whom manufactured; and#

   6. (vi)

      The Environmental Protection Agency registration number assigned to the pesticide and the Environmental Protection Agency establishment number if required by regulations under FIFRA;#

4. (D)

   If the pesticide contains any substance or substances in quantities highly toxic to man, unless the label bears, in addition to other label requirements:#

   1. (i)

      The skull and crossbones;#

   2. (ii)

      The word ‘‘POISON’’ in red, prominently displayed on a background of distinctly contrasting color; and#

   3. (iii)

      A statement of a practical treatment, first aid or otherwise, in case of poisoning by the pesticide; or#

5. (E)

   If the pesticide container does not bear a registered label or does not bear a label stating that it is for ‘‘experimental use only.’’#