Sec. 5. Misbranded.

399 words·~2 min read·/il/chapter-415/act-60/5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 5. Misbranded. The term misbranded shall apply:

1. To any pesticide or device designated as requiring registration by the Director

under authority of this Act:

A. If its labeling bears any statement or graphic representation relating to

labeling or to the ingredients which is misleading or false in any particular.

B. If it is an imitation of, or is distributed under, the name of another pesticide.

C. If any word, statement, or other required information is not prominently placed

upon the label or labeled with such conspicuousness and in such terms as to render it readable and understandable by the ordinary person under customary conditions of purchase and use.

2. To any pesticide:

A. If the labeling does not contain a statement of the federal use classification

under which the product is registered.

B. If the labeling accompanying it does not contain directions for use which are

necessary for effecting the purpose for which the product is intended and any precautions or requirements imposed by FIFRA which, if complied with, are adequate to protect health and the environment.

C. If the label does not bear:

i. Name, brand or trademark under which the pesticide is distributed.

ii. An ingredient statement on that part of the immediate container which is

presented or customarily displayed under usual conditions of purchase.

iii. A warning or caution statement commensurate with the toxicity categories

levels assigned by USEPA.

iv. The net weight or measure of contents.

v. The name and address of the manufacturer, registrant, or person for whom

manufactured.

vi. The USEPA registration number assigned to the pesticide as well as the USEPA

number assigned to the producing or manufacturing establishment in which the pesticide was produced.

D. If the pesticide contains any substance or substances highly toxic to man (as

defined in the USEPA) unless the label bears, in addition to other label requirements:

i. The skull and crossbones.

ii. The word "POISON" in red prominently displayed on a contrasting background.

iii. A statement of practical treatment in case of poisoning by the pesticide.

E. If the pesticide container does not bear a registered label, is not accompanied

by registered labeling instructions, does not bear a label registered for "experimental use only", or does not bear a label showing SLN registration.

F. If the pesticide container is not in compliance with child resistant packaging

requirements as set forth by the USEPA.