206.11 - DISTRIBUTION OR SALE OF PESTICIDES.
206.11 DISTRIBUTION OR SALE OF PESTICIDES.
1. It shall be unlawful for any person to distribute, give, 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 section 206.12.
b. Any pesticide, if any of the claims made for it, or if any
of the directions for its use, differ in substance from the
representations made in connection with its registration.
c. Any pesticide if the composition thereof differs from its
composition as represented in connection with its registration,
unless within the discretion of the secretary, or the secretary's
authorized representative, a change in the labeling or formula of a
pesticide within a registration period, has been authorized, without
requiring a reregistration of the product.
d. 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 be one through which the required information on
the immediate container cannot be clearly read, a label bearing the
following:
(1) The name and address of the manufacturer, registrant, or
person for whom manufactured.
(2) The name, brand, or trademark of said article.
(3) The net weight or measure of the contents subject, however,
to such reasonable variations as the secretary may permit.
(4) An ingredient statement as required in section 206.12.
(5) The date of manufacture of products found by the secretary to
be subject to deterioration because of age.
e. Any pesticide which contains any substance or substances
in quantities highly toxic to humans; determined as provided in
section 206.6, unless the label shall bear, in addition to any other
matter required by this chapter:
(1) The skull and cross-bones.
(2) The word "poison" prominently, in red, on a background of
distinctly contrasting color.
(3) A statement of an antidote for the pesticide.
(4) Instructions for safe disposal of the container when the used
container is found by the secretary after public hearing to be
hazardous to humans or other vertebrate animals.
f. Any standard lead arsenate, basic lead arsenate, calcium
arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium
fluoride, sodium fluosilicate and barium fluosilicate unless such
pesticides have been distinctly colored or discolored as provided by
regulations issued in accordance with this chapter, or any other
white powder which the secretary, or the secretary's authorized
representatives, 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
regulation, require to be distinctly colored or discolored; unless it
has been so colored or discolored; provided, that the secretary, or
authorized representative, 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 the secretary
or representative determines that such coloring or discoloring for
such use or uses is not necessary for the protection of the public
health or safety.
g. Any pesticide which is adulterated or misbranded.
2. It shall be unlawful:
a. For any person to detach, alter, deface, or destroy in
whole or in part, any label or labeling provided for in this chapter
or the rules promulgated hereunder, or to add any substance to, or
take any substance from a pesticide in a manner that may defeat the
purpose of this chapter.
b. For any person to use for the person's own advantage or to
reveal, other than to the secretary, or officials or employees of the
state or officials or employees of the United States department of
agriculture, or other federal agencies, or to the courts in response
to a subpoena, or to physicians, and in emergencies to pharmacists
and other qualified persons for use in the preparation of antidotes,
in accordance with such directions as the secretary may prescribe,
any information relative to formulae of products acquired by
authority of section 206.12.
c. For any person to interfere in any way with the secretary
or the secretary's duly authorized agents in carrying out the duties
imposed by this chapter.
3. It shall be unlawful:
a. To distribute any restricted use pesticide to any person
who is required by law or rules promulgated under such law to be
certified to use or purchase such restricted pesticides unless such
person or the person's agent, to whom distribution is made, is
certified to use or purchase such restricted pesticide. Subject to
conditions established by the secretary such certification may be
obtained immediately prior to distribution from any person designated
by the secretary.
b. For any person to use or cause to be used any pesticide
contrary to its labeling or to rules of the state of Iowa if those
rules differ from or further restrict the usage.
c. For any person to handle, transport, store, display, or
distribute pesticides in such a manner as to endanger human beings
and their environment or to endanger food, feed, or any other
products that may be transported, stored, displayed or distributed
with such pesticides.
d. For any person to dispose of, discard, or store any
pesticides or pesticide containers in such a manner as to cause
injury to humans, vegetation, crops, livestock, wildlife, pollinating
insects or to pollute any water supply or waterway.
4. The secretary may suspend an applicator's license pending
inquiry, and, after opportunity for a hearing, to be held within ten
days, may deny, suspend, revoke or modify any provision of any
license, permit or certification issued under this chapter, if the
secretary finds that the applicant or the holder of a license, permit
or certification has committed any of the following acts, each of
which is declared to be a violation of this chapter. However, any
licensed or unlicensed person shall be subject to the penalties
provided for by section 206.22.
a. Made a pesticide recommendation or application
inconsistent with the labeling.
b. Applied known ineffective or improper materials.
c. Operated faulty or unsafe equipment.
d. Operated in a faulty, careless or negligent manner.
e. Neglected or, after notice, refused to comply with the
provisions of this chapter, the rules adopted hereunder, or of any
lawful order of the secretary.
f. Refused or neglected to keep and maintain the records
required by this chapter, or to make reports when and as required.
g. Made false or fraudulent records, invoice or reports.
h. Refused or neglected to comply with any limitations or
restrictions on or in a duly issued license, permit or certification.
i. Aided or abetted a licensed or an unlicensed person to
evade the provisions of this chapter, conspired with such a licensed
or an unlicensed person to evade the provisions of this chapter, or
allowed one's license, permit or certification to be used by another
person.
j. Made false or misleading statements during or after an
inspection concerning any infestation or infection of pests found on
land.
k. Impersonated any federal, state, county or city inspector
or official. Section History: Early Form
[C97, § 2588; SS15, § 2588; C24, 27, 31, 35, 39, § 3183, 3184;
C46, 50, 54, 58, 62, § 206.2, 206.3; C66, 71, 73, § 206.3; C75, 77,
79, 81, § 206.11]
Referred to in § 206.18, 206.22