Subject 40-11-10 PROHIBITED ACTS
| (1) |
It shall be unlawful for any person to
distribute in this State:
| (a) |
Any pesticide
which has not been registered pursuant to the Act and these
regulations. |
| (b) |
Any pesticide
whose composition differs from that represented in its registration. |
| (c) |
Any pesticide which is misbranded as
defined in Section
40-11-10
of these regulations. |
| (d) |
Any
pesticide unless it is in the registrant's or manufacturer's unbroken container
and bears a label meeting the requirements of the Act and these
regulations. |
| (e) |
Any pesticide or
device which has been rendered unsafe due to damage to its contents, container
or label. |
| (f) |
Any pesticide labeled
for restricted uses to any person who has not been certified or permitted to
purchase and use such restricted use pesticide. |
|
| (2) |
It shall be unlawful for any person to:
| (a) |
Modify or destroy any label or labeling
provided for in the Act and these regulations. |
| (b) |
Modify any pesticide in a manner that
would defeat the purpose of the Act or these regulations. |
| (c) |
Use or cause to be used any pesticide in
a manner inconsistent with its labeling or other restrictions imposed by the
Commissioner. |
| (d) |
Use for his own
advantage or reveal any information relative to formulas of products, or any
information relative to trade secrets or commercial or financial information
obtained under the authority of this Act, other than as provided in Section
6(2)(d) of the Act. |
| (e) |
Handle,
transport, store, display or distribute any pesticide in a manner that would
endanger man or his environment or endanger food, feed, or any other
product. |
| (f) |
Dispose of, discard or
store any pesticide or pesticide container in such manner to cause injury to
humans, vegetation, crops, livestock, wildlife, beneficial insects, or to
pollute any water supply or waterway. |
| (g) |
Refuse or fail to comply with any other
provision of the Act or these regulations. |
|
Penalties provided for violation of Sections 6(1)(a), (b),
(c), (d), and (e) of the Act shall not apply to:
| 1. |
Any carrier while lawfully engaged in
transporting a pesticide within this State, if such carrier permits the
Commissioner to copy all records relating to the transactions in and movement
of pesticides and devices. |
| 2. |
Public officials of this State and the Federal Government while engaged in the
performances of their official duties. |
| 3. |
The manufacturer, shipper, or distributor
of pesticide for which an experimental use permit has been issued by the
Commissioner. |
| 4. |
Any person who
ships a substance or mixture of substances for the purpose of determining its
pesticidal or other properties and from which the user does not expect to
receive any benefit in pest control. |
| 5. |
Any pesticide intended solely for export
to a foreign country when prepared or packed to specifications of
purchaser. |
