38-20A-17.1. Misbranded pesticides. A pesticide is misbranded if:

(1) Its labeling bears any statement, design, or graphic representation relative to it or to its ingredients which is false or misleading in any particular;

(2) It is an imitation of or is offered for sale under the name of another pesticide;

(3) Its labeling bears any reference to registration under the provisions of this chapter;

(4) The label accompanying it does not contain necessary instructions for use which are adequate, if complied with, for the protection of the public;

(5) The label does not bear a necessary warning or caution statement which is adequate, if complied with, to prevent injury to living man or other vertebrate animals;

(6) The label does not bear an ingredient statement on the part of the immediate container and on the outside container or wrapper, if one exists through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;

(7) The label fails to clearly and plainly show the name and address of the manufacturer, registrant, or person for whom manufactured; the name, brand, or trademark under which it is registered and sold; and the net weight or measure of the contents of the container, subject, however, to any reasonable variations as the secretary of agriculture may permit by regulation; or

(8) Any word, statement, or other information required by the provisions of this chapter that appears on the labeling is not prominently placed on the labeling in a conspicuous manner, when compared with other words, statements, designs, or graphic material on the labeling, and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.Source: SL 1983, ch 281, § 19.