Section 20-2214. MISBRANDED PESTICIDES AND DEVICES

 

2214.1It shall be unlawful for any person to distribute any pesticide or device that is misbranded.

 

2214.2A pesticide is misbranded if its labeling and packaging fail to comply with the provisions of this section.

 

2214.3No pesticide label shall have any statement, design, or graphic representation relative to the pesticide or its ingredients that is false or misleading.

 

2214.4No pesticide shall be contained in a package or other container or wrapping that does not conform to the standards established by the Environmental Protection Agency (EPA) Administrator pursuant to § 25(c)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. § 136w(c)(3)).

 

2214.5No pesticide shall be an imitation of, or offered for sale under the name of, another pesticide.

 

2214.6The label of a pesticide shall bear the registration number assigned under § 7 of FIFRA (7 U.S.C. § 136e) to each establishment in which it is produced.

 

2214.7Any word, statement, or other information required by or under authority of FIFRA to appear on the label or labeling shall be prominently placed on the label with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling), and stated in terms that will render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

 

2214.8The labeling accompanying a pesticide shall contain directions for use that are necessary for effecting the purpose for which the product is intended that, if complied with, together with any requirements imposed under § 3(d) of FIFRA (7 U.S.C. § 136a(d)), are adequate to protect health and the environment.

 

2214.9The label shall bear an ingredient statement on that part of the immediate container (and on the outside container or wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase, except as provided in § 2214.10.

 

2214.10The label need not bear an ingredient statement as required by § 2214.9 if the size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the ingredient statement on the part that is presented or displayed under customary conditions of purchase. In this case, the ingredient statement shall appear prominently on another part of the immediate container, or on the outside container or wrapper, as permitted by the EPA Administrator.

 

2214.11Each label shall contain a statement of the use classification established by the EPA Administrator under which the pesticide is registered.

 

2214.12Each label shall contain a warning or cautionary statement that may be necessary and, if complied with, together with any requirements imposed under § 3(d) of FIFRA (7 U.S.C. § 136a(d)), is adequate to protect health and the environment.

 

2214.13Each pesticide shall have affixed to its container, and to the outside container or wrapper of its retail package, if there is one, through which the required information on the immediate container can be clearly read, a label bearing the following information:

 

(a)The name and address of the producer, registrant, or person for whom the pesticide was produced;

 

(b)The name, brand, or trademark under which the pesticide is sold;

 

(c)The net weight or measure of the content, provided that the EPA Administrator may permit reasonable variations; and

 

(d)When required by regulation of the EPA Administrator to effectuate the purposes of FIFRA, the registration number assigned to the pesticide under FIFRA, and the use classification established by the EPA Administrator.

 

2214.14No pesticide shall contain any substance or substances in quantities highly toxic to humans, unless the label bears, in addition to any other matter required by FIFRA, the following information:

 

(a)The skull and crossbones symbol;

 

(b)The word "poison" prominently displayed in red on a background of distinctly contrasting color; and

 

(c)A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 55 DCR 9839 (September 19, 2008); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).