Section 4.1-34-02 - Prohibited acts1. A person may not distribute, 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 that has not been registered under section 4.1-34-03, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration. The commissioner may allow a change in the labeling or formula of a pesticide to be made within a registration period without requiring reregistration of the product.b. Any pesticide unless the pesticide is in:(1) The registrant's or the manufacturer's unbroken immediate container; or(2) A container repackaged by a facility or person with a United States environmental protection agency issued establishment number, and there is affixed to such container, and to any outside container or wrapper of the retail package, a correct copy of the required labeling information from the immediate container or there is in the outside container or wrapper an opening through which the required labeling information on the immediate container can be clearly read.c. The pesticide commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unless the pesticide has been distinctly colored or discolored as provided by rules issued in accordance with this chapter, or any other white powder pesticide that the commissioner, after investigation of and after public hearing on the necessity for the action for the protection of the public health and the feasibility of the coloration or discoloration, by rule, requires to be distinctly colored or discolored; unless it has been so colored or discolored. The commissioner may exempt any pesticide to the extent it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if the commissioner determines the coloring or discoloring for the use is not necessary for the protection of the public health.d. Any pesticide that is adulterated or misbranded, or any device that is misbranded.2. A person may not detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter.3. A person may not use for the person's own advantage or reveal other than in response to a proper subpoena, except to a physician or other qualified person for use in the preparation of an antidote, any information relative to the formula of any product acquired by authority of this chapter.Added by S.L. 2017, ch. 67 (SB 2027),§ 3, eff. 7/1/2017.