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Title XVII AGRICULTURE AND ANIMALS

Chapter 281

previous next Effective - 28 Aug 1982bottom

  281.240.  Conditions under which pesticides may be sold, distributed or transported — other acts prohibited. — 1.  No person shall distribute, sell, offer for sale, hold for sale, deliver for transportation, or transport in intrastate commerce or between points within this state through any point outside of this state any of the following:

  (1)  Any pesticide which has not been registered pursuant to the provisions of section 281.260, 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 registration; provided that, in the discretion of the director, a minor change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product;

  (2)  Any pesticide, unless it is in the registrant's or the manufacturer's unbroken immediate container or a bulk container sealed by the registrant, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing:

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

  (b)  The name, brand, or trademark under which said article is sold; and

  (c)  The net weight or measure of the contents, subject, however, to such reasonable variations as the director may permit;

  (3)  Any pesticide which contains any substance or substances in quantities highly toxic to man unless the label shall bear, in addition to any other matter required by sections 281.210 to 281.310:

  (a)  The skull and crossbones;

  (b)  The word "poison" prominently, in red, on a background of distinctly contrasting color; and

  (c)  A statement of an antidote for the pesticide;

  (4)  Any pesticide which is adulterated or misbranded, or any device which is misbranded.

  2.   It shall be unlawful:

  (1)  For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in sections 281.210 to 281.310, or rules promulgated thereunder, or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of sections 281.210 to 281.310;

  (2)  For any person to use for his own advantage or to reveal, other than to the director or proper officials or employees of this state, the courts of this state in response to a subpoena, physicians, or, in emergencies, pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 281.260.

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(L. 1955 p. 26 § 3, A.L. 1982 H.B. 1514 § 263.300)


---- end of effective   28 Aug 1982 ----

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