Section 33-1301. Unlawful acts

It shall be unlawful:
    1.  For  any  person to distribute, sell, offer for sale or use 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:
    a. Any pesticide  which  has  not  been  registered  pursuant  to  the
  provisions  of  this  article or any pesticide 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  a pesticide differs from its composition as represented
  in connection with its registration; provided that in the discretion  of
  the  commissioner a change in the labeling or formula of a pesticide may
  be made within a registration period without requiring reregistration of
  the product.
    b. Except as specified in regulation authorizing alternative pesticide
  containers, any pesticide 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:
    (1) The name and address of the manufacturer,  registrant,  or  person
  for whom manufactured;
    (2)  The  name, brand, or trade-mark under which said article is sold;
  and
    (3) The net weight or measure of the  content;  subject,  however,  to
  such reasonable variations as the commissioner may permit.
    c.  Any  pesticide  which  contains  any  substance  or  substances in
  quantities highly toxic  to  man,  determined  as  provided  in  section
  33-0303,  unless  the  label shall bear, in addition to any other matter
  required by this article:
    (1) The skull and crossbones;
    (2) The  word  "poison"  prominently,  in  red,  on  a  background  of
  distinctly contrasting color; and
    (3) A statement of an antidote for the pesticide.
    d.  The pesticide 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 article, or any  other  white
  powder  pesticide  which  the  commissioner,  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 commissioner may exempt any pesticide  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.
    e. Any pesticide which is adulterated or misbranded.
    2. For any person to detach, alter, deface, or destroy, in whole or in
  part, any label or labeling provided for in this article or  regulations
  promulgated hereunder, or to add any substance to, or take any substance
  from,  a  pesticide  in  a  manner  that  may defeat the purpose of this
  article.
    3. For any person to use for his own advantage  or  to  reveal,  other
  than  to  the commissioner or proper officials or employees of the state

  or to the courts of  this  state  in  response  to  a  subpoena,  or  to
  physicians,  or  in  emergencies  to  pharmacists  and  other  qualified
  persons, for use  in  the  preparation  of  antidotes,  any  information
  relative to formulas of products acquired by authority of this article.
    4.  For  any  person  to  store or dispose of any pesticide, or of any
  container which holds or has held a pesticide, except in compliance with
  the rules and regulations of the commissioner.
    5. For any person to distribute, sell, offer for  sale,  purchase  for
  the  purpose  of  re-sale,  or  possess  for  the purpose of re-sale any
  restricted use pesticide without  a  commercial  permit  issued  by  the
  commissioner.
    6.  For  a  commercial permit holder to sell restricted use pesticides
  except to the holder of a non-cancelled purchase permit or to the holder
  of a commercial permit or a certified applicator.
    7. For any person to purchase or possess, except for  the  purpose  of
  re-sale,  or  use any restricted use pesticide without a purchase permit
  issued by the commissioner or without being a certified applicator.
    8. For any person to engage in application  of  pesticides  without  a
  pesticide    applicator   certificate   registration   issued   by   the
  commissioner, except while working under the  direct  supervision  of  a
  certified applicator.
    8-a.  For any person or business to engage in the business of applying
  pesticides unless the business is registered by the commissioner.
    9. For any  person  to  use  2,4-D  (2,4-Dichlorophenoxyacetic  acid),
  2,4-5-T    (Trichlorophenoxyacetic   acid)   or   MCP   (2   Methyl,   4
  Chlorophenoxyacetic acid) within or in proximity to an affected area, in
  violation of an order of the  commissioner  prohibiting  or  restricting
  such use.
    10.  For  any  person  to remove or dispose of a seized or quarantined
  pesticide by sale or otherwise without the commissioner's permission.
    11. In cities with a population of one million or more,  it  shall  be
  unlawful   to   use  any  pesticide  containing  the  active  ingredient
  4-aminopyridine, including but not limited to Avitrol.