Pesticides Controls

Section 430:41

    430:41 Prohibited Acts. –
I. 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:
(a) Any pesticide which has not been registered pursuant to the provisions of RSA 430:36, 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 division, a change in the labeling or formula of pesticide may be made within a registration period without requiring re-registration of the product.
(b) 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 is 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 trademark under which said article is sold; and
(3) The net weight or measure of the contents, subject, however, to such reasonable variations as the division may permit.
(c) Any pesticide which contains any substance in quantities highly toxic to man, determined as provided in RSA 430:31, unless the label shall bear, in addition to any other matter required hereby,
(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 pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, or barium fluosilicate unless they have been distinctly colored or discolored as provided by rules adopted under RSA 541-A, or any other white powder pesticide which the board, 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 rule, require to be distinctly colored or discolored, unless it has been so colored or discolored; provided that the division 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 it is determined that such coloring or discoloring for such use or uses is not necessary for the protection of the public health; provided further that all rules adopted pursuant to this paragraph shall be consistent with the regulations promulgated by the United States Environmental Protection Agency with respect to discoloration or coloration of pesticides.
(e) Any pesticide which is adulterated or misbranded.
II. It shall be unlawful for any person to detach, alter, deface, or destroy in whole or in part, any label or labeling provided for herein, or rules adopted hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose hereof.
III. It shall be unlawful for any person to use for his own advantage or to reveal, other than to the division or proper officials or employees of the state or of the United States or to the courts of this state or the United States 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 hereof.
IV. It shall be unlawful for any person to handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with such pesticides.
V. It shall be unlawful for any person to dispose of, discard, or store any pesticides or pesticide containers in such a manner as may cause injury to humans, vegetation, crops, livestock, wildlife, pollinating insects or to pollute any water supply or waterway.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.