"Misbranded" as applicable to pesticides, devices, or spray adjuvants.
The term "misbranded" shall apply:
(1) To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;
(2) To any pesticide:
(a) If it is an imitation of or is offered for sale under the name of another pesticide;
(b) If its labeling bears any reference to registration under the provision of this chapter unless such reference be required by rules under this chapter;
(c) If any word, statement, or other information, required by this chapter or rules adopted under this chapter to appear on the label or labeling, is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling), and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(d) If the label does not bear:
(i) The name and address of the manufacturer, registrant or person for whom manufactured;
(ii) Name, brand or trademark under which the pesticide is sold;
(iii) An ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase: PROVIDED, That the director may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
(iv) Directions for use and a warning or caution statement which are necessary and which if complied with would be adequate to protect the public and to prevent injury to the public, including living people, useful vertebrate animals, useful vegetation, useful invertebrate animals, wildlife, and land; and
(v) The weight or measure of the content, subject to the provisions of chapter 19.94 RCW (state weights and measures act) as enacted or hereafter amended.
(e) If that pesticide contains any substance or substances in quantities highly toxic to people, determined as provided by RCW 15.58.040, unless the label bears, in addition to any other matter required by this chapter:
(i) The skull and crossbones;
(ii) The word "POISON" in red prominently displayed on a background of distinctly contrasting color; and
(iii) A statement of an antidote for the pesticide.
(f) If the pesticide container does not bear a label or if the label does not contain all the information required by this chapter or the rules adopted under this chapter.
(3) To a spray adjuvant when the label fails to state the type or function of the principal functioning agents.
[1989 c 380 § 10; 1971 ex.s. c 190 § 13.]