Section 38-20A-39 – Inspection and sampling–Access to premises and records–Identification and examination of samples.
38-20A-39. Inspection and sampling–Access to premises and records–Identification and examination of samples. The secretary may inspect and sample pesticides and devices kept or offered for sale, sold, or distributed within this state at the time and place and to the extent necessary to confirm compliance with the provisions of this chapter. The secretary has all […]
Section 38-20A-41 – Stop-sale order on pesticide or device in violation–Attachment to pesticide–Notice–Effect of order.
38-20A-41. Stop-sale order on pesticide or device in violation–Attachment to pesticide–Notice–Effect of order. If the secretary has reasonable cause to believe a pesticide or a device is being distributed, sold, or offered for sale within this state in a manner inconsistent with any of the provisions of this chapter, or of any of the rules […]
Section 38-20A-46 – Stop-sale–Payment of costs.
38-20A-46. Stop-sale–Payment of costs. Upon payment to the department of all costs incurred by the department to implement the stop-sale and sufficient assurance that a pesticide or device subject to a “stop-sale” order pursuant to the provisions of §38-20A-41 will not be disposed of unlawfully, the secretary may direct that the pesticide or device be […]
Section 38-20A-47 – Prohibited contracts void–Action on contract prohibited.
38-20A-47. Prohibited contracts void–Action on contract prohibited. Any contract for the sale of a pesticide or device in violation of the provisions of this chapter is void. No action may be maintained in any court for the purchase price or value of any pesticide or device, the sale of which is prohibited. No person is […]
Section 38-20A-48 – 38-20A-48.Violation of chapter–Penalties.
38-20A-48. Violation of chapter–Penalties. Any person violating any provision of this chapter which is not otherwise classified is guilty of a Class 2 misdemeanor, or may be subject to a civil penalty not to exceed five thousand dollars per violation, or both. A civil penalty under this section shall be imposed by the circuit court. […]
Section 38-20A-49 – 38-20A-49.Notice of contemplated criminal proceedings–Opportunity to present views–Referral to state’s attorney.
38-20A-49. Notice of contemplated criminal proceedings–Opportunity to present views–Referral to state’s attorney. If it appears from an examination under §38-20A-39 that a pesticide or device fails to comply with this chapter, and the secretary contemplates a referral to the state’s attorney to institute criminal proceedings against a person, the secretary shall notify that person. A […]
Section 38-20A-34 – Alteration or destruction of label as petty offense–Changing composition of substance.
38-20A-34. Alteration or destruction of label as petty offense–Changing composition of substance. It is a petty offense for any person to detach, alter, deface, or destroy, in whole or in part, any label provided for in this chapter or rules promulgated thereunder, or to add any substance to, or take any substance from, a pesticide […]
Section 38-20A-15 – Information regarding pesticide formulas–Prohibitions–Violations as misdemeanors–Exceptions.
38-20A-15. Information regarding pesticide formulas–Prohibitions–Violations as misdemeanors–Exceptions. It is a Class 1 misdemeanor for any person to use for the person’s own advantage, or to reveal any information relative to formulas of products acquired in accordance with §§38-20A-4 to 38-20A-13, inclusive. Notwithstanding the provisions of §38-20A-48, it is a Class 2 misdemeanor for any person […]
Section 38-20A-16 – Adulterated pesticides.
38-20A-16. Adulterated pesticides. A pesticide is adulterated if its strength or purity does not meet the professed standard or quality, as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable ingredient of the pesticide has been […]
Section 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 […]