§ 33-1301. Unlawful acts.\n It shall be unlawful:\n 1. For any person to distribute, sell, offer for sale or use within\nthis state or deliver for transportation or transport in intrastate\ncommerce or between points within this state through any point outside\nthis state any of the following:\n a. Any pesticide which has not been registered pursuant to the\nprovisions of this article or any pesticide if any of the claims made\nfor it or any of the directions for its use differ in substance from the\nrepresentations made in connection with its registration, or if the\ncomposition of a pesticide differs from its composition as represented\nin connection with its registration; provided that in the discretion of\nthe commissioner a change in the labeling or formula of a pesticide may\nbe made within a registration period without requiring reregistration of\nthe product.\n * b. Except as specified in regulation authorizing alternative\npesticide containers, any pesticide unless it:\n (1) is in the registrant's or the manufacturer's unbroken immediate\ncontainer, and there is affixed to such container, and to the outside\ncontainer or wrapper of the retail package, if there be one, through\nwhich the required information on the immediate container cannot be\nclearly read, a label bearing (i) the name and address of the\nmanufacturer, registrant, or person for whom manufactured;\n (ii) the name, brand, or trade-mark under which said article is sold;\nand\n (iii) the net weight or measure of the content; subject, however, to\nsuch reasonable variations as the commissioner may permit; or\n (2) meets the requirements of subparagraph one of this paragraph\nexcept that the container has been accidently damaged during handling\nprior to sale and the damage has been repaired by such person in\naccordance with his or her own specific "minor repair program" approved\nby the United States environmental protection agency pursuant to its\nOctober ninth, two thousand nine pesticide container repair interim\npolicy. A copy of the approved program shall be forwarded to the\ndepartment within thirty days of approval and shall be kept at the\nperson's place of business and be available for department review upon\nrequest.\n * NB Effective until July 1, 2026\n * b. Except as specified in regulation authorizing alternative\npesticide containers, any pesticide unless it is in the registrant's or\nthe manufacturer's unbroken immediate container, and there is affixed to\nsuch container, and to the outside container or wrapper of the retail\npackage, if there be one, through which the required information on the\nimmediate container cannot be clearly read, a label bearing:\n (1) The name and address of the manufacturer, registrant, or person\nfor whom manufactured;\n (2) The name, brand, or trade-mark under which said article is sold;\nand\n (3) The net weight or measure of the content; subject, however, to\nsuch reasonable variations as the commissioner may permit.\n * NB Effective July 1, 2026\n c. Any pesticide which contains any substance or substances in\nquantities highly toxic to man, determined as provided in section\n33-0303, unless the label shall bear, in addition to any other matter\nrequired by this article:\n (1) The skull and crossbones;\n (2) The word "poison" prominently, in red, on a background of\ndistinctly contrasting color; and\n (3) A statement of an antidote for the pesticide.\n d. The pesticide commonly known as standard lead arsenate, basic lead\narsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc\narsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate,\nunless they have been distinctly colored or discolored as provided by\nregulations issued in accordance with this article, or any other white\npowder pesticide which the commissioner, after investigation of and\nafter public hearing on the necessity for such action for the protection\nof the public health and the feasibility of
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