§605. Misbranded
The term "misbranded":
[PL 2005, c. 620, §4 (AMD).]
1.
False, misleading or inconspicuous labeling.
As applied to any pesticide subject to this subchapter means that:
A.
Its labeling bears any statement, design or graphic representation relative to the pesticide or to its ingredients that is false or misleading in any particular;
[PL 2005, c. 620, §4 (AMD).]
B.
It is an imitation of or is distributed under the name of another pesticide; or
[PL 2005, c. 620, §4 (AMD).]
C.
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
[PL 2005, c. 620, §4 (AMD).]
[PL 2005, c. 620, §4 (AMD).]
2.
Lack of certain information.
As applied to any pesticide means that:
A.
The labeling does not contain a statement of the use classification under which the product is registered;
[PL 2005, c. 620, §4 (AMD).]
B.
The labeling accompanying it does not contain directions for use 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), are adequate to protect health and the environment;
[PL 2005, c. 620, §4 (AMD).]
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;
[PL 2005, c. 620, §4 (NEW).]
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 displayed under customary conditions of purchase. The pesticide is not misbranded if the ingredient statement appears prominently on another part of the container as permitted pursuant to FIFRA, Section 2(q)(2)(A) if the size or form of the container makes it impracticable to place it on the part of the retail package that is presented or displayed under customary conditions of purchase;
[PL 2005, c. 620, §4 (NEW).]
C.
There is not affixed to its container, and to the outside container or wrapper of the retail package, if there is one, through which the required information on the immediate container cannot be clearly read, a label bearing:
(1)
The name, brand or trademark under which the pesticide is sold;
(4)
The net weight or measure of the content;
(5)
The name and address of the manufacturer, registrant or person for whom manufactured; and
(6)
The EPA registration number assigned to each establishment in which it was produced and the EPA registration number assigned to the pesticide, if required by regulations under FIFRA;
[PL 2005, c. 620, §4 (AMD).]
D.
The pesticide contains any substance or substances in quantities highly toxic to human beings unless the label bears, in addition to other label requirements:
(1)
The skull and crossbones;
(2)
The word "POISON" in red prominently displayed on a background of distinctly contrasting color; and
(3)
A statement of a practical treatment, including first aid or otherwise, in case of poisoning by the pesticide; or
[PL 2005, c. 620, §4 (AMD).]
E.
The pesticide container does not bear a registered label or the label does not contain all the information required by this subchapter or the rules adopted under this subchapter.
[PL 2005, c. 620, §4 (AMD).]
[PL 2005, c. 620, §4 (AMD).]
SECTION HISTORY
PL 1975, c. 382, §3 (NEW). PL 2005, c. 620, §4 (AMD).