§ 5-109. Prohibited acts

   (a) Sale or distribution of certain pesticides. -- A person may not distribute, sell, or offer for sale, deliver for transportation, or transport in intrastate commerce or between points within the State through any point outside the State any of the following pesticides:

   (1) Any unregistered pesticide;

   (2) Any adulterated or misbranded pesticide; or

   (3) Any pesticide, if any claim made for it or any direction for its use differs in substance from any representation made in its registration statement, or if its composition differs from the composition represented in the registration statement, unless the Department permits a change in the labeling, and the change may be made within a registration period without requiring reregistration. However, the Department may not permit a change in the product name or in the formulation of any product.

(b) Interference with labels or labeling. -- A person may not detach, alter, deface, or destroy, wholly or partially, any label or labeling provided for in this subtitle or in departmental rules and regulations adopted pursuant to it.

(c) Adding or deleting substance. -- A person may not add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this subtitle.

(d) Using or revealing pesticide formulas. -- A person may not use for his own advantage or reveal any information concerning formulas or products acquired by authority of § 5-105 or § 5-106 of this subtitle, other than to the Secretary, any proper official or employee of the State, to a court of the State in response to a subpoena, to a physician, or, in an emergency, to a pharmacist, or any other qualified person, for use in the preparation of antidotes.

HISTORY: An. Code 1957, art. 48, § 131; 1973, 1st Sp. Sess., ch. 6, § 1; 1999, ch. 34, § 1; 2007, ch. 5, § 7.