8 CCR 1203-1, pt. 10 - Distribution
10.1. No person or
business shall distribute any of the following:
(a) Any pesticide product which does not
conform to its purported standard of quality.
(b) Any pesticide product except in the
manufacturer's or registrant's original unbroken package, except for bulk, and
there is affixed to such container a registered label.
(c) Any pesticide product which is not
labeled, or on which the label is illegible in any respect.
(d) Any pesticide product on which the caps,
lids, or other sealing devices on the container are not tight or secure.
Defective, unsound or broken containers shall not be placed on display, sold,
offered for sale or transported.
(e) Bags containing granular ready-to-use
pesticides (including ready-to-use combinations of pesticide and fertilizer
ingredients) shall not be considered broken if they are repaired in accordance
with the following criteria.
(1) Any repairs
to a broken bag must be sufficient to return the bag to its original condition
of soundness such that no leakage can occur when the bag is subjected to normal
handling.
(2) No repair may be made
to a broken bag if the damage measures more than 3 inches in any
dimension.
(3) All words, numbers,
and warning symbols on the product bag must be legible and not obscured by the
repair in any way.
(f)
Any pesticide product which is misbranded or adulterated.
(g) Any pesticide product which has not been
registered in accordance with the provisions of the Act.
(h) Any pesticide product in a refillable
container for which the pesticide residue removal procedure was not conducted
in accordance with Part 15 of these Rules.
10.2. Failure of any person or business to
cease distributing any pesticide or pesticide product or device on which a
written or printed cease and desist order has been issued in accordance with
the Act shall be sufficient reason for the Department to enjoin said
distribution.
10.3. Any pesticide
that spills from a broken container in any area where a product is stored or
displayed for sale must be cleaned up immediately and disposed of according to
all applicable laws and regulations.
Notes
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