| | Sec. 4. 7 MRSA §605, as enacted by PL 1975, c. 382, §3, is amended | to read: |
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| | The term "misbranded" applies: |
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| | 1. False, misleading or inconspicuous labeling. To any As | applied to any pesticide subject to this subchapter means that: |
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| A. If its Its labeling bears any statement, design or | graphic representation relative thereto to the pesticide or | to its ingredients which that is false or misleading in any | particular; |
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| B. If it It is an imitation of or is distributed under the | name of another pesticide; or |
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| C. If any 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 and in such terms, as to render it likely to be | read and understood by the ordinary individual under | customary conditions of purchase and use.; or |
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| | 2. Lack of certain information. To any As applied to any | pesticide means that: |
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| A. If the The labeling does not contain a statement of the | use classification under which the product is registered; |
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| B. If the The labeling accompanying it does not contain | directions for use which that are necessary for effecting | the purpose for which the product is intended and that, if | complied with, together with any requirements imposed under | FIFRA, Section 3(d) of FIFRA, are adequate to protect health | and the environment; |
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| B-1.__The label does not contain a warning or caution | statement that may be necessary and that, if complied with, | together with any requirements imposed under FIFRA, Section | 3(d), would be adequate to protect the health and | environment; |
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| B-2.__The label does not bear an ingredient statement on that | part of the immediate container, and on the outside container and | wrapper of the retail package, if there is one, through which the | ingredient statement on the immediate container cannot be clearly | read, which is presented or |
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