South Dakota § 38-20A-17.1 - Misbranded pesticides.

§ 38-20A-17.1. Misbranded pesticides.

A pesticide is misbranded if:

(1)    The label bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading;

(2)    It is an imitation of or is offered for sale under the name of another pesticide;

(3)    The label bears any reference to registration under the provisions of this chapter;

(4)    The label does not contain necessary instructions for use which are adequate, if complied with, for the protection of the public;

(5)    The label does not bear a necessary warning or caution statement which is adequate, if complied with, to prevent injury to living persons or other vertebrate animals;

(6)    The label does not bear an ingredient statement on the immediate container and on the outside container or wrapper, if one exists through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;

(7)    The label fails to clearly and plainly show the name and address of the manufacturer, registrant, or person for whom the pesticide is manufactured; the name, brand, or trademark under which the pesticide is registered and sold; and the net weight or measure of the contents of the container, subject, however, to any reasonable variations as the secretary of agriculture and natural resources may permit by regulation;

(8)    Any word, statement, or other information required by the provisions of this chapter that appears on the labeling is not prominently placed on the labeling in a conspicuous manner, when compared with other words, statements, designs, or graphic material on the labeling, and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

(9)    The pesticide is injurious to living persons or other vertebrate animals, or to vegetation, except weeds or pests, to which it is applied, or to the person applying the pesticide, when used as directed or in accordance with commonly recognized practices.

Source: SL 1983, ch 281, § 19; SL 2020, ch 173, § 11; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.