185 



(f) If any word, statement, or other Infor- 

 mation required by or under autlioiity of sec- 

 tions 135 to 135k of this title to appear on the 

 label or labeling is not prominently placed 

 thereon with such conspicuousncss (as com- 

 pared with other words, statements, designs, or 

 grapliic matter in the labeling) and in such 

 terms as to render it likely to be read and un- 

 derstood by the ordinary indivldu.il under cus- 

 tomary conditions of purchase and use; or 



(g) if in the case of an insecticide, nemato- 

 clde. fungicide, or herbicide when used as di- 

 rected or in accordance with commonly recog- 

 nized practice it shall be i:ijurious to living man 

 or other vertebrtae animals, or vegetation, ex- 

 cept weeds, to which it is applied, or to the 

 person applying such economic poison: or 



(h) If in the case of a plant regulator, defo- 

 liant, or desiccant when use<l as directed it shall 

 be injurious to living man or other vertebrate 

 animals, or vegetation to which it is applied, or 

 to the p'>rson applying such economic poison: 

 Provided. That physical or physiological effects 

 on plants or parts thereof shall not be deemed 

 to be injury, when tlus is the purpose for which 

 the plant regulator, defoliant, or desiccant was 

 applied. In accordance with the label claims and 

 recommendations: or 



(i) if its packaging or labeling is in violation 

 of an applicable regulation issued pursuant to 

 section 1472 or 1473 of Title 15. 



(June 25. 1947, ch. 125, § 2, 61 Stat. 163: Aug. 7. 1959. 



Pub. L. 86-139. § 2. 73 Stat 286: May 12. 1964. Pub. 



L. 88-305. 5 1. 78 Stat. 190: 1970 Reorg. Plan No. 3, 



; 2(a) (8) (1), eff. Dec. 2, 1970. 35 P.R. 15623. 84 Stat. 



: Dec. 30. 1970. Pub. L. 91-601, §7(b). 84 SUt. 



1673.) 



Amendments 



1970 — Subsec (2)(2)(1). Pub. L. 91-601 added par 

 (2)(1). 



1964 — Subsec. (z)(2)(b). Pub. L. 88-305 added the 

 words: "other Ihnn the registration number assigned to 

 the economic poison." 



1959— Subsec. (a). Pub. L. 86-139. i 2(A) . designated 

 existing provisions as par. (1). Included therein "nema- 

 todes' and added par. (2) . 



Subsec. (b). Pub. L. 86-139. i 2(A). Included "nema- 

 todes". 



Subsec. (B)— (k). Pub. L. 86-139. I 2(B). added sub- 

 sees, (g) — (It). Former subsccs. (g) — (k) redesignated 

 (') — (P). 



Subsccs. (I)— (o). Pub. I.. 86-139. { 2(0). rcdcslgniitecl 

 former siibspcs. (g) (J) as il)-(o). Former subsccs. 

 (J) — (O) reOcslgnalcd (q» — (I). 



Subsec. (p). Pub. L 86-139. ( 2(B). redesignated for- 

 mer subsec. (k) as (p). drslRnated exl.sllng provisions as 

 par. ( I ) . Inserted "In the chkc of nn economic poison other 

 >,han a plant regulator, defoliant or desiccant" and "nema- 

 todes" therein, and added para. (2) — (4). Former sub- 

 sec. (p) redesignated (u). 



Subsccs. (q) — (y). Pub. L. 86-139. J 2(D). redesignated 

 former subsecs. (/) — (t) ns (q)— (y). Former subsecg. 

 (q) — (u) redeslRnnted (v) — (z). 



Subsec. (z). Pub. L. UO-139. § 2(B). redesignated for- 

 mer subsec (u) as (z). Included "nematocUle" In par. (2) 

 (g) and added par. (2)(b). 



§135a. Prohibited acts. 



(a) It shall be unlawful for any person to dis- 

 tribute, sell, or oilier for sale in any Territory or in 



the District of Columbia, or to ship or deliver for 

 shipment from any State. Territory, or the District 

 of Columbia, to any other State. Territory, or llie 

 District of Columbia, or to any foreign country, or to 

 receive in any State. Territory, or the District of 

 Columbia from nny other Stale. Territory or the Dis- 

 trict of Columbia, or foreign country, and luiving so 

 received, deliver or offer to deliver In the original 

 unbroken package to any other iicrson. any of the 

 following: 



(1) Any economic poison which is not regis- 

 tered pursuant to the provisions of section 

 135b of this title, or any economic poison If any ol 

 the claims made for it or any of the directions for 

 its use differ in sub.sUince from the representa- 

 tions 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 discre- 

 tion of the Administrator, a change in the labeling 

 or formula of an economic poison may be made 

 within a registration period without requiring re- 

 registration of the product. 



(2) Any economic poison unless It is in the reg- 

 istrant's or the manufacturer's unbroken immedi- 

 ate container, and there is affixed to such con- 

 tainer, and to the outside container or wrapper of 

 the retail p;vckage. if there be one through which 

 the required infoimation on the immediate con- 

 tainer cannot be clearly read, a label bearing — 



(a) the name and address of the manufac- 

 turer, registrant, or person for whom manu- 

 factured: 



(b) the name, brand, or trade-mark under 

 which said article is sold : 



(c) the net weight or measure of the content: 

 Provided. That the Administrator may permit 

 reasonable variations: and 



(d) when required by regulation of the Ad- 

 ministrator to effectuate the purposes of sec- 

 tions 135 to 135k of this title, the registration 

 number assigned to the article under such 

 sections. 



(3) Any economic poison which contains any. 

 substance or substances in quantities highly toxic 

 to man. determined as provided in section 135d 

 of this title, unless the label shall bear, in addi- 

 tion to any other matter required by sections 

 135 to 135kof this title— 



(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 eco- 

 nomic poison. 



(4) The economic poisons commonly known as 

 standard lead arsenate, basic lead arsenate, cal- 

 cium arsenate, magnesium arsenate, zinc arsenate, 

 zinc arsenito, sodium fluoride, sodium fluosilicate, 

 and barium fluosilicate unless they have been 

 distinctly colored or discolored as provided by 

 regulations issued in accordance with .sections 

 135 to 135k of this title, or any other white powder 

 economic poison which the Administrator, after 



