D.C. Mun. Regs. tit. 20, § 2208 – Prohibited and Restricted Uses

2208 MISBRANDED PESTICIDES AND DEVICES

2208.1 It shall be unlawful for any person to distribute any pesticide or device that is misbranded.2208.2 A pesticide shall be 'misbranded' if its labeling and packaging fails to comply with the provisions of this section.2208.3 No labeling on any pesticide shall bear any statement, design, or graphic representation relative to the pesticide or to its ingredients that is false or misleading in any way.2208.4 No pesticide shall be contained in a package or other container or wrapping that does not conform to the standards established by the Administrator pursuant to § 25(c)(3) of FIFRA.2208.5 No pesticide shall be an imitation of, or offered for sale under the name of, another pesticide.2208.6 The label of a pesticide shall bear the registration number assigned under § 7 of FIFRA to each establishment in which it is produced.2208.7 Any 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.2208.8 The 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, are adequate to protect health and the environment.2208.9 The 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 § 2208.10.2208.10 The label need not bear an ingredient statement as required by § 2208.9 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 Administrator.2208.11 Each label shall contain a statement of the use classification under which the pesticide is registered.2208.12 Each 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, is adequate to protect health and the environment.2208.13 Each 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:1. (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;

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

2208.14 No pesticide shall contain any substance or substances in quantities highly toxic to man, unless the label bears, in addition to any other matter required by FIFRA, the following information:

(a) The skull and crossbones;

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

SOURCE: Section 2(u) of the Pesticide Operations Act of 1977, D.C. Law 2-70, 24 DCR 6867, 6871 (February 19, 1978).