Arizona Revised Statutes § 3-352 Prohibited Acts

3-352. Prohibited acts

A. It is unlawful for any person acting independently or as agent to distribute:

1. Any pesticide that has not been registered pursuant to section 3-351, 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 composition as represented in connection with its registration, but at the discretion of the director, a 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 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 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 subject, however, to such reasonable variations as the state may permit.

3. Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in section 3-343, unless the label bears, in addition to any other matter required by this article:

(a) Warning statements or symbols required by regulation.

(b) A statement of a practical treatment, first aid or otherwise in case of poisoning by the pesticide.

4. Any pesticide that is adulterated or misbranded, or any device that is misbranded.

5. Any pesticide the label of which does not contain necessary information, which information the director has prescribed by rule.

B. It is unlawful:

1. For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this article or rules adopted under this article, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this article.

2. For any person to use for his own advantage or to reveal, other than to the director or proper officials or employees of the state or to the courts of the state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 3-351.

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Last modified: October 13, 2016