Section 111.28 - Prohibited acts(a) No person shall distribute, transport, or deliver for transportation, into, through or within this Commonwealth;(1) Any pesticide which has not been registered pursuant to the provisions of this act.(2) Any pesticide if any of the claims made for it or any of the directions for its use or its labeling differs from the representation made in connection with its registration or if the composition of the pesticide differs from the composition as represented in connection with its registration: Provided, That a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product in cases where the secretary determines that such change will not have an unreasonable adverse effect on the environment.(3) 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, if any, a label bearing the information required by this act and the regulations adopted hereunder except as the secretary shall provide in the rules and regulations for certified applicators.(4) Any pesticide which is adulterated or misbranded.(5) Any pesticide packaged in a container which violates any provision of the regulations adopted pursuant to section 7(b) of this act. (6) Any pesticide packaged in a container which is unsafe due to damage.(7) Any pesticide application device which is misbranded.(b) No person shall distribute any pesticide classified for restricted use to any person who is required by law to have a permit or to be certified to use or purchase such pesticide unless such person has a valid permit or is certified to use or purchase the kind and quantity of such pesticide proposed to be distributed.(c) No person shall detach, alter, deface or destroy, wholly or in part any label or labeling prescribed in this act or in any regulations adopted hereunder.(d) No person shall add any substance to, or take any substance from, a pesticide in a manner that may be reasonably expected to defeat the purpose of this act or the regulations adopted hereunder.(e) No person shall use, or cause to be used, any pesticide inconsistent with its labeling or to the regulations of the secretary if such differ from, or further restrict, the labeling of the pesticide.(f) No person shall use for his own advantage or reveal any information relative to the formulas, supporting data or other confidential information for registration of pesticide products acquired by the authority of section 5.1 of this act, but this provision shall not be deemed to prohibit the disclosure of information to the secretary or proper officials or employes of the Commonwealth, or to courts of competent jurisdiction in response to a subpoena, or to physicians or pharmacists or other qualified persons for purposes of providing health care treatment.(g) No person shall handle, transport, store, display or distribute pesticides in such manner as to endanger man or his environment or endanger food, feed or any other products that may be transported, stored, displayed or distributed with such pesticides.(h) No person shall dispose of, discard or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife or pollinating insects or pollute any water supply or waterway.(i) No person shall make any false or fraudulent claims through any media, misrepresenting the effect of pesticide materials or application methods to be utilized.(j) No person shall operate pesticide application equipment or devices in a faulty, careless or negligent manner.(k) No person shall refuse or neglect to keep and maintain the records required by this act or to make reports when and as required by regulation.(l) No person shall make false or fraudulent records, invoices or reports concerning the manufacture, transportation, sales, storage, control and application of pesticides.(m) No person shall engage in the business of applying pesticides on the lands of another without first obtaining a current, valid license pursuant to the provisions of this act.(n) No person shall make any false statement or misrepresentation of material fact on any application for the issuance or renewal of any license, permit or certification issued pursuant to this act.(o) No person shall refuse or neglect to comply with any limitations imposed upon a license, permit or certification issued pursuant to this act.(p) No person shall aid or abet another to evade the provisions of this act, conspire with another for that purpose or allow his license, permit or certification to be used by another.(q) No person shall make any false or misleading statement during or after an inspection concerning any infestation or infection of pests found on the land inspected.(r) No person shall impersonate any Federal, State, county or city inspector or official in connection with any matter regulated by the provisions of this act.(s) No individual shall purchase or attempt to purchase any pesticide classified for restricted use, unless such individual is a certified or permitted pesticide applicator.(t) No person shall apply a restricted use pesticide within one hundred feet of publicly owned or designated areas as defined in section 25.1 of this act unless a waiver is granted by the secretary.1974, March 1, P.L. 90, No. 24, § 8, effective 2/1/1978. Amended 1986, Dec. 12, P.L. 1542, No. 167, § 4, effective in 90 days.