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217.550 Prohibitions relating to distribution of pesticides.
It shall be unlawful for any person to distribute within this state the following:
(1) Any pesticide which is not registered pursuant to the provisions of KRS
217.542 to 217.630, and to the provisions of FIFRA;
(2) Any pesticide if any of the claims made for it or any of the directions for its use
differ 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; provided, that in the discretion of the
department, a change in the labeling or formulation of a pesticide may be
made, within a registration period, without requiring reregistration of the
product if the name is not changed and if the registration is amended to reflect
such change and if such change will not violate any provisions of FIFRA;
(3) Any pesticide, unless it is in the registrant's or the manufacturer's unbroken
immediate container, and there is affixed to such 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:
(a) The brand name and address of the manufacturer, registrant or person
for whom manufactured;
(b) The name, brand or trademark under which the article is sold;
(c) The net weight or measure of the content; and
(d) Any pesticide in containers which are unsafe due to damage.
(4) Any pesticide which contains any substance or substances in quantities highly
toxic to man, determined as provided in KRS 217.542 to 217.630, unless the
label bears, in addition to any other matter required by KRS 217.542 to
217.630:
(a) The skull and crossbones;
(b) The word "poison" in red prominently displayed on a background of
distinctly contrasting color; and
(c) A statement of a practical treatment, first aid or otherwise, in case of
poisoning by the pesticide;
(5) The pesticides commonly known as lead arsenate, basic lead arsenate,
calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium
fluoride, sodium fluosilicate, and barium fluosilicate unless they are distinctly
colored or discolored as provided by regulations, or any other white powder
pesticide which the department, after investigation of and after public hearing
on the necessity for such action for the protection of human life and the
environment and the feasibility of such coloration or discoloration, shall by
regulation, require to be distinctly colored or discolored unless it has been so
colored or discolored;
(6) Any pesticide which is adulterated or misbranded, or any device which is
misbranded.
Effective:July 15, 1980
History: Amended 1980 Ky. Acts ch. 295, sec. 50, effective July 15, 1980. -Amended 1974 Ky. Acts ch. 200, sec. 4. -- Created 1956 Ky. Acts ch. 218,
sec. 2, effective July 1, 1956.
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