“Misbranded” shall apply:

1. To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

2. To any pesticide:

(a) If it is an imitation of, or is offered for sale under the name of, another pesticide;

(b) If its labeling bears any reference to registration under this chapter;

(c) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public;

(d) If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living human beings and other vertebrate animals;

(e) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one 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;

(f) If any word, statement or other information required by or under the authority of this chapter to appear on the 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;

(g) If in the case of a pesticide, when used as directed, or in accordance with commonly recognized practice, it shall be injurious to living human beings or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or

(h) If in the case of a plant regulator, defoliant or desiccant, when used as directed, it shall be injurious to human beings or other vertebrate animals, or vegetation to which it is applied; but physical or physiological effects on plants or parts thereof shall not be deemed to be injury when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

[Part 2:269:1955] — (NRS A 1971, 1135; 2015, 3631)