SECTIONS 12881-12885 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12881-12885

12881. A pesticide is misbranded in any of the following cases:
(a) The package or label bears any false or misleading statement,
design, or device regarding the article or any ingredient or
substance that is contained in it.
(b) The package or label is falsely branded as to the place of
manufacture or production of the pesticide.
(c) It is an imitation of, or offered for sale under the name of,
another article.
(d) It is labeled or branded so as to deceive or mislead the
purchaser.

12882. A pesticide is also misbranded in any of the following
cases:
(a) The contents of the package as originally put up have been
removed in whole or in part and other contents placed in the package.
(b) The contents of the package are of a quality below that of the
guarantee on the label, on the application for registration of the
pesticide, or of the analysis of the representative sample delivered
in connection with the application for registration of the pesticide.
(c) If the contents of any package of a pesticide is stated in
terms of weight or measure, and the weight or measure is not plainly
and correctly stated on the outside of the package.
(d) The label does not conform to the registered label approved by
the director under the standards of this division.

12883. Except as otherwise provided in Section 12884 , a pesticide
is also misbranded when the label fails to state one of the
following:
(a) The name and percentage of each active ingredient, together
with the total percentage of the inert ingredients, in the pesticide.
(b) The name of each active ingredient, together with the name of
each and the total percentage of the inert ingredients, if there are
any, in the pesticide.
A pesticide that is sold only as a spray adjuvant is not
misbranded if the total percentage of the constituents ineffective as
a spray adjuvant is stated on the label without mention of the terms
"active ingredient" or "inert ingredient" in lieu of one of the
options required by this section.

12884. If the preparation is highly toxic to humans, as determined
by regulations of the director, a pesticide is misbranded if the
label fails to state the name and percentage of each active
ingredient together with the total percentage of the inert
ingredients in the pesticide.

12885. In addition to the other provisions of this article, a spray
adjuvant is misbranded if the label fails to state the type or
function and the names of the principal functioning agents. If more
than three functioning agents are present, only the three principal
ones need be named.