SECTIONS 12851-12859 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12851-12859

12851. The registrant of any pesticide shall attach to each
separate lot, and each separate, finished, sealed, or closed
container or package of pesticide that the registrant intends to sell
within this state, a plainly printed label, that states all of the
following:
(a) The name, brand, or trademark, if any, under which the
pesticide is sold.
(b) The name and address of the registered manufacturer, importer,
or vendor.

12852. The registrant of any pesticide that is sold or delivered to
a consumer in this state shall furnish printed directions for use,
and dilution if any, upon the label, or shall enclose the printed
directions in each container or package of the pesticide.

12853. A registrant of pesticides may print upon the label of any
sealed or closed container or package of pesticide that the
registrant intends to sell within this state, or upon the label of
any opened lot from which sales have been authorized by the director,
such limitations of warranty with respect to the use of the
pesticide, as the registrant may consider proper.

12854. No limitations of warranty by the seller shall exclude or
waive either of the following implied warranties:
(a) That the pesticide corresponds to all claims and descriptions
that the registrant has made in respect to it in print.
(b) That the pesticide is reasonably fit for use for any purpose
for which it is intended according to any printed statement of the
registrant.

12855. Except as otherwise provided in this article, the registrant
is not liable for any injury or damage that is suffered solely by
reason of any of the following:
(a) The use of the pesticide for a purpose that is not indicated
by the label.
(b) The use of the pesticide contrary to the printed directions of
the registrant or seller.
(c) The breach of any warranty by the registrant that is not
expressly printed on the label.

12856. Except as otherwise provided in Section 12857, a pesticide
shall not be sold unless it is in a registrant's sealed or closed
container or package.

12857. The director , pursuant to regulations prescribed by him or
her, may authorize sales of pesticides to be made out of a registrant'
s opened but properly labeled lot, container, or package. The
director shall serve notice of the proposed action by depositing a
copy of it in a United States post office, inclosed in a sealed
envelope with postage prepaid and addressed to each registrant at his
or her last address on file with the department. The director shall
allow 15 days, during which time any protest may be filed.

12858. The statement of ingredients in any pesticide that is
intended and sold for internal administration to animals may be given
in terms of dosage in lieu of percentage by weight as required by
Article 4 (commencing with Section 12811) and Article 6 (commencing
with Section 12881).

12859. The director shall adopt regulations governing the labeling
of service containers. The labeling regulations shall not apply to
containers used by a person engaging in the business of farming when
the containers are used on the property that the person is farming.
The regulations shall provide that the labeling only include the
following:
(a) The name and address of the person or firm responsible for the
container.
(b) The identity of the pesticide in the container.
(c) The word "DANGER", "WARNING", or "CAUTION" in accordance with
the label on the original container.