80-8-202. Prohibited acts. (1) It is unlawful for a person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce between points within this state any of the following:

(a) a pesticide that has not been registered pursuant to the provisions of 80-8-201 or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration or if the composition of a pesticide differs from its composition as represented in connection with its registration or if registration or reregistration has been refused, revoked, canceled, or suspended. The department may allow a change in the labeling or formula of a pesticide within a registration period without requiring reregistration of the product when the change does not adversely affect the product for its intended use and if proper application for the change is made.

(b) a pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the 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:

(i) the name and address of the manufacturer, registrant, or person for whom manufactured;

(ii) the trade and chemical name, brand, or trademark under which the article is sold;

(iii) the net weight or measure of the content, subject to reasonable variations that the department may permit;

(c) a pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in 80-8-105, unless the label bears, in addition to any other matter required by this chapter:

(i) the skull and crossbones;

(ii) the word "poison" prominently in red on a background of distinctly contrasting color;

(iii) a statement of an antidote for the pesticide;

(d) pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unless they have been distinctly colored or discolored, as provided by regulations issued in accordance with this chapter, or any other white powder pesticide that the department, after investigation of and after public hearing on the necessity for the action for the protection of the public health and the environment and the feasibility of the coloration or discoloration, by regulations requires to be distinctly colored or discolored, unless it has been so colored or discolored. The department may exempt any pesticide to the extent that it is intended for a particular use from the coloring or discoloring required or authorized by this section if it determines that the coloring or discoloring for the use is not necessary for the protection of the public health and the environment.

(e) a pesticide that is adulterated or misbranded or any device that is misbranded.

(2) It is unlawful for a person to:

(a) detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of this chapter;

(b) use for the person's own advantage or reveal, other than to the department or proper officials or employees of the state or the courts of this state in response to a subpoena, to physicians or to veterinarians or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of 80-8-201.

History: En. Sec. 6, Ch. 403, L. 1971; R.C.M. 1947, 27-218; amd. Sec. 9, Ch. 20, L. 1979; amd. Sec. 2600, Ch. 56, L. 2009.