Browse Arkansas Code titles and sections
2-16-410. Misbranded pesticides.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-16-410. Misbranded pesticides.
A pesticide is misbranded:
(1) If its labeling bears any statement, design, or graphic representation relative to the pesticide or to its ingredients which is false or misleading in any particular;
(2) If it is an imitation of or is distributed under the name of another pesticide;
(3) If any word, statement, or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness, compared with other words, statements, designs, or graphic matter in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(4) If the labeling does not contain a statement of the federal use classification under which the product is registered;
(5) 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 the directions if complied with, together with any requirements imposed under Section 3(3) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a, are adequate to protect health and the environment;
(6) If the label does not bear:
(A) The name, brand, or trademark under which the pesticide is distributed;
(B) An ingredient statement on that part of the immediate container and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or displayed under customary conditions of purchase. The ingredient statement may appear prominently on another part of the container as permitted under Section 2(q)(2)(A) of the Federal Insecticide, Fungicide, and Rodenti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-410
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:2-16-410
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bece321f56cde3e617abfab61a3699245fa18cd9f5af7d015202647283f344d6
Source location: content.xml paragraph 3259
Stored source content
2-16-410. Misbranded pesticides.
A pesticide is misbranded:
(1) If its labeling bears any statement, design, or graphic representation relative to the pesticide or to its ingredients which is false or misleading in any particular;
(2) If it is an imitation of or is distributed under the name of another pesticide;
(3) If any word, statement, or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness, compared with other words, statements, designs, or graphic matter in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(4) If the labeling does not contain a statement of the federal use classification under which the product is registered;
(5) 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 the directions if complied with, together with any requirements imposed under Section 3(3) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a, are adequate to protect health and the environment;
(6) If the label does not bear:
(A) The name, brand, or trademark under which the pesticide is distributed;
(B) An ingredient statement on that part of the immediate container and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or displayed under customary conditions of purchase. The ingredient statement may appear prominently on another part of the container as permitted under Section 2(q)(2)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136(q)(2)(A), if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
(C) A warning or caution statement which may be necessary and which, if complied with together with any requirements imposed under section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(d), would be adequate to protect the health and environment;
(D) The net weight or measure of the content;
(E) The name and address of the manufacturer, registrant, or person for whom manufactured; and
(F) The United States Environmental Protection Agency registration number assigned to each establishment in which it was produced and the United States Environmental Protection Agency registration number assigned to the pesticide, if required by regulations under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;
(7) If that pesticide contains any substance in quantities highly toxic to man unless the label bears, in addition to other label requirements:
(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, to be used in case of poisoning by the pesticide;
(8) If the pesticide container does not bear a registered label; and
(9) If a spray adjuvant label fails to state the type or function of the functioning agents.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
**(a) Active ingredient** The term “active ingredient” means—
(1) in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest;
(2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;
(3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and
(5) in the case of a nitrogen stabilizer, an ingredient which will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria.
**(b) Administrator** The term “Administrator” means the Administrator of the Environmental Protection Agency.
**(c) Adulterated** The term “adulterated” applies to any pesticide if—
(1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold;
(2) any substance has been substituted wholly or in part for the pesticide; or
(3) any valuable constituent of the pesticide has been wholly or in part abstracted.
**(d) Animal** The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish.
**(e) Certified applicator, etc.**
(1) **Certified applicator** — The term “certified applicator” means any individual who is certified under [section 136i of this title](https://uscode.house.gov/view.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 136. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 202
TITLE 7—AGRICULTURE
§§ 135 to 135k
with respect to any violations, liabilities incurred, or
appeals taken prior to such date of repeal or to sales,
shipments, or deliveries of insecticides and fungicides
exempted by the Secretary.
SUBCHAPTER II—ENVIRONMENTAL
PESTICIDE CONTROL
§§ 135 to 135k. Omitted
Editorial Notes
CODIFICATION
Sections 135 to 135k, acts June 25, 1947, ch. 125, §§ 2–13,
61 Stat. 163–172; Aug. 7, 1959, Pub. L. 86–139, § 2, 73 Stat.
286; May 12, 1964, Pub. L. 88–305, §§ 1–6, 78 Stat. 190–193;
Oct. 15, 1970, Pub. L. 91–452, title II, § 204, 84 Stat. 928;
Dec. 30, 1970, Pub. L. 91–601, § 6(b), formerly § 7(b), 84
Stat. 1673, renumbered, Aug. 13, 1981, Pub. L. 97–35, title
XII, § 1205(c), 95 Stat. 716, which related to economic
poison control, were superseded by the amendments
made to act June 25, 1947, by Pub. L. 92–516, Oct. 21,
1972, 86 Stat. 975. See section 4 of Pub. L. 92–516, set out
as a note under section 136 of this title. The provisions
of act June 25, 1947, as amended by Pub. L. 92–516, are
set out in section 136 et seq. of this title.
Section 135 provided definitions for the purposes of
this subchapter.
Section 135a related to prohibited acts.
Section 135b related to registration of economic poi-
sons.
Section 135c related to access, inspection, and use in
criminal prosecutions of books and records.
Section 135d related to rules and regulations, exam-
ination of economic poisons or devices, notification to
violators, certification to United States attorney, duty
of attorney, and publication of judgments.
Section 135e related to exemptions from penalties.
Section 135f provided for penalties.
Section 135g related to seizure, disposal, and award of
costs against claimant.
Section 135h related to refusal of
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 136. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of registration** Except as provided by this subchapter, no person in any State may distribute or sell to any person any pesticide that is not registered under this subchapter. To the extent necessary to prevent unreasonable adverse effects on the environment, the Administrator may by regulation limit the distribution, sale, or use in any State of any pesticide that is not registered under this subchapter and that is not the subject of an experimental use permit under [section 136c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136c&num=0&edition=prelim) or an emergency exemption under [section 136p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136p&num=0&edition=prelim).
**(b) Exemptions** A pesticide which is not registered with the Administrator may be transferred if—
(1) the transfer is from one registered establishment to another registered establishment operated by the same producer solely for packaging at the second establishment or for use as a constituent part of another pesticide produced at the second establishment; or
(2) the transfer is pursuant to and in accordance with the requirements of an experimental use permit.
**(c) Procedure for registration**
(1) **Statement required** — Each applicant for registration of a pesticide shall file with the Administrator a statement which includes—
(A) the name and address of the applicant and of any other person whose name will appear on the labeling;
(B) the name of the pesticide;
(C) a complete copy of the labeling of the pesticide, a statement of all claims to be made for it, and any directions for its use;
(D) the complete formula of the pesticide;
(E) a request that the pesticide be classi
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136a
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 136a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 209
TITLE 7—AGRICULTURE
§ 136a
[Another Food Quality Protection Act of 1996 was en-
acted by Pub. L. 104–170, title IV, 110 Stat. 1513, see sec-
tion 401(a) of Pub. L. 104–170, set out as a note under
section 301 of Title 21, Food and Drugs.]
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–532, § 1(a), Oct. 25, 1988, 102 Stat. 2654, pro-
vided that: ‘‘This Act [enacting section 136a–1 of this
title, amending this section and sections 136a to 136d,
136f to 136q, 136s, 136v to 136w–2, and 136y of this title,
and enacting provisions set out as notes under this sec-
tion and sections 136m and 136y of this title] may be
cited as the ‘Federal Insecticide, Fungicide, and
Rodenticide Act Amendments of 1988’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–396, § 29, Sept. 30, 1978, 92 Stat. 842, provided
that: ‘‘This Act [enacting sections 136w–1 to 136w–4 of
this title, amending this section and sections 136a to
136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to 136w, 136x,
and 136y of this title, enacting provisions set out as
notes under sections 136a, 136o, and 136w–4 of this title,
and amending provisions set out as a note under this
section] may be cited as the ‘Federal Pesticide Act of
1978’.’’
SHORT TITLE
Pub. L. 92–516, § 1, Oct. 21, 1972, 86 Stat. 973, provided:
‘‘That this Act [amending this subchapter generally,
enacting notes set out under this section, and amend-
ing sections 1261 and 1471 of Title 15, Commerce and
Trade, and sections 321 and 346a of Title 21, Foods and
Drugs] may be cited as the ‘Federal Environmental
Pesticide Control Act of 1972’.’’
Act June 25, 1947, ch. 125, § 1(a), as added by Pub. L.
92–516, § 2, Oct. 21, 1972, 86 Stat. 973, provided that: ‘‘This
Act [enacting this subchapter] may be cited as the
‘Federal Insecticide, Fu
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 136a. This identifies an authority to review, not proof of applicability.