Sec. 76.023. MISBRANDED PESTICIDE OR DEVICE. (a) A pesticide or device is misbranded if: (1) it is subject to registration under FIFRA and it does not fully comply with the labeling requirements of the United States Environmental Protection Agency; or (2) it is not subject to registration under FIFRA and: (A) its labeling bears a statement, design, or graphic representation relating to the pesticide or device, or the ingredients of either, that is false or misleading in any particular; (B) it is an imitation of or is distributed under the name of another pesticide or device; or (C) it is not conspicuously labeled in accordance with Section 76.022 of this code. (b) A pesticide is misbranded if: (1) its labeling bears any reference to registration under this chapter, unless the reference is required by a rule adopted under this chapter; (2) it does not bear a label as required by Section 76.021 of this code; or (3) its label does not bear information as required by Section 76.021 of this code or a rule adopted under this chapter.
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