§919. Prohibited distribution; sale or transportation

Link to law: http://legislature.vermont.gov/statutes/section/06/081/00919
Published: 2015

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Title

06

:
Agriculture






Chapter

081

:
INSECTICIDES, FUNGICIDES, AND RODENTICIDES











 

§

919. Prohibited distribution; sale or transportation

It shall be

unlawful for any person to distribute, sell, or offer for sale within this

state or deliver for transportation or transport in intrastate commerce or

between points within this state through any point outside this state any of

the following:

(1) Any economic

poison which has not been registered pursuant to the provisions of section 918

of this title, or any economic poison 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 an economic

poison differs from its composition as represented in connection with its

registration; provided, that in the discretion of the secretary, a change in

the labeling or formula of an economic poison may be made within a registration

period without requiring registration of the product;

(2) Any economic

poison 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 be 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; and

(C) the net

weight or measure of the content subject, however, to such reasonable

variations as the secretary may permit;

(3) Any economic

poison which contains any substance or substances in quantities highly toxic to

man, determined as provided in section 913 of this title, unless the label

shall bear, in addition to any other matter required by this chapter:

(A) the skull

and crossbones;

(B) the word

"poison" prominently, in red, on a background of distinctly

contrasting color; and

(C) a statement

of an antidote for the economic poison;

(4) The economic

poisons commonly known as standard lead arsenate, basic lead arsenate, calcium

arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride,

sodium fluosilicate, and barium fluosilicate, unless they have been distinctly

colored or discolored as provided by regulations issued in accordance with this

chapter, or any other white powder economic poison which the secretary, after

investigation of and after public hearing on the necessity for such action for

the protection of the public health and the feasibility of such coloration or

discoloration, shall, by regulation, require to be distinctly colored or

discolored; unless it has been so colored or discolored; provided, that the

secretary may exempt any economic poison, to the extent that it is intended for

a particular use or uses, from the coloring or discoloring required or

authorized by this section, if he determines that such coloring or discoloring

for such use or uses is not necessary for the protection of the public health;

(5) Any economic

poison which is adulterated or misbranded. (Amended 2003, No. 42, § 2, eff. May

27, 2003.)
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