CHAPTER 535

An Act to amend and reenact §§ 8-205, 3-208.1, 8-208.7, 8-208.22, and
8-208.81 of the Code of Virginia of 1950, known as the Virginia Insec-
ticide, Fungicide and Rodenticide Law, and to add §§ 8-203.1, 3-203.2
and 8-208.8:1, relating to the same subject. rH 589}

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 38-205, 3-208.1, 3-208.7, 3-208.22, and 3-208.31 of the Code of
Virginia be amended and reenacted as follows:

§ 3-205. The term “economic poison” means: (1) any substance or
mixture of substances intended for preventing, destroying, repelling, or
mitigating any insects, rodents, fungi, bacteria, weeds, or other forms of
plant or animal life or viruses (except viruses on or in living man or
other animals) which the Commissioner shall declare to be a pest, and (2)
any substance or mixture of substances intended for use as a plant regu-
lator, defoliant, or desiccant.

§ 3-208.1. The term “active ingredient’ means:

(1) in the case of an economic poison other than a plant regulator,
defoliant or desiccant, an ingredient which will prevent, destroy, repel, or
mitigate insects, fungi, rodents, weeds, or other pests;

(2) in the case of a plant regulator, an ingredient which, through
physiological action, will accelerate or retard the rate of growth or rate
of maturation or otherwise alter the behavior of ornamental or crop plants
or the produce thereof;

(8) in the case of a defoliant, an ingredient which will cause the
leaves or foliage to drop from a plant;

(4) in the case of a desiccant, an ingredient which will artificially
accelerate the drying of plant tissue.

The term “inert ingredient” means an ingredient which is not an
active ingredient.

§ 3-208.7. The term “misbranded” shall apply to any economic
poison or device:

(a) if its labeling bears any statement, design, or graphic represen-
tation relative thereto or to its ingredients which is false or misleading
in any particular;

(b) if it is an imitation of or is offered for sale under the name of
another economic poison;

h fe) if its labeling bears any reference to registration under this
chapter ;

(d) if the labeling accompanying it does not contain directions for
use which are necessary and, if complied with, adequate for the protection
of the public;

(e) if the label does not contain a warning or caution statement
which may be necessary and, if complied with, adequate to prevent injury
to living man and other vertebrate animals, vegetation, and useful inverte-
brate animals;

(f) if the label does not bear an ingredient statement or guaranteed
analysis statement on that part of the immediate container and on the
outside container or wrapper, if there be one, through which the ingre-
dient statement or guaranteed analysis statement on the immediate con-
tainer cannot be clearly read, of the retail package which is presented or
displayed under customary conditions of purchase: Provided, that the
Commissioner 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
1s presented or displayed under customary conditions of purchase;

g) if any words, statement, or other information required by or
under the authority of this chapter to appear on the labeling is not promi-
nently 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;

(h) if in the case of an insecticide, fungicide, or herbicide, when
used as directed or in accordance with commonly recognized safe practice,
it shall be injurious to living man or other vertebrate animals or vegeta-
tion, to which it is applied, or to the person applying such economic
poison, excepting pests and weeds; or

(2) if in the case of a plant regulator, defoliant, or desiccant when
used as directed it shall be injurious to living man or other vertebrate
animals, or vegetation to which it is applied, or to the person applying
such economic poison: Provided, that physical or physiological effects on
plants or parts thereof shall not be deemed to be injury, when this is the
purpose for which the plant regulator, defoliant, or desiccant was applied,
an accordance with the label claims and recommendations.

§ 3-208.22. Products which have the same formula, and are manu-
factured by the same person, the labelings of which contain the same
claims, and the labels of which bear designations identifying the products
as the same economic poison, may be registered as a single economic
poison. Additional names and labels shall be added by supplemental state-
ments during the current period of registration thereby permitting a
change in a registered label, without additional fee, by adding to the reg-
istered label the name and address of a distributor, in addition to the
name and address of the manufacturer shown on the registered label.

§ 3-208.31. It shall be unlawful for any person to distribute, sell or
offer for sale within this Commonwealth or deliver for transportation or
transport in intrastate commerce or between points within this Common-
wealth through any point outside this State any of the following:

(1) any economic poison which is not registered pursuant to the
provisions of Article 2 of this chapter, or any economic poison if any of
the claims made for it or any of the directions for its use differ in sub-
stance from the representations made in connection with its registration,
or if the composition of an economic poison differs from its composition
as represented in connection with its registration: Provided, that, in the
discretion of the Commissioner, a change in the labeling or formula of an
economic poison may be made, within a registration period, without re-
quiring re-registration of the product: Provided further, that changes at
no time are permissible if they lower the efficacy of the product.

'(2) any economic poison except those fertilizer-economic poison mix-
tures exempted by the Commissioner 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

(a) the name and address ‘of the manufacturer, registrant, or person
for whom manufactured ;

3 (b) the name, brand, or trade mark under which said article is sold;
an

(c) the net weight or measure of the content subject, however, to
such reasonable variations as the Commissioner may permit.

(3) any economic poison which contains any substance or substances
in quantities highly toxic to man, determined as provided in § 3-208.12,
unless the label shall bear, in addition to any other matter required by
this chapter,

(a) a skull and crossbones;

(b) the word “poison” prominently, in red, on a background of dis-
tinctly contrasting color; and

(c) a statement of an antidote for the economic poison.

(4) the economic poisons commonly known as lead arsenate, basic
lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc
arsenite, sodium fluoride, sodium fluosilicate and barium fluosilicate unless
they have been distinctly colored or discolored as provided by regulations
issued in accordance with this chapter, or any other white powder eco-
nomic poison which the Commissioner, 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 Commissioner may
exempt any economic poison to the extent that it is intended for a par-
ticular use or uses from the coloring or discoloring required or authorized
by this subsection if he determines that such coloring or discoloring for
such use or uses is not necessary for the protection of the public health.

(5) any economic poison which is adulterated or misbranded, or any
device which is misbranded.

2. That the Code of Virginia be amended by adding §§ 3-208.1, 3-203.2
and 8-208.8:1 as follows:

§ $-208.1. The term “defolant” means any substance or mixture of
substances intended for causing the leaves or foliage to drop from a plant,
with or without causing abscission.

§ 8-208.2. The term “desiccant” means any substance or mixture of
substances intended for artificially accelerating the drying of plant tissue.

§ 8-208.8:1. The term “plant regulator’ means any substance or
mixture of substances, intended through physiological action, for accelerat-
ing or retarding the rate of growth or rate of maturation, or for other-
wise altering the behavior of ornamental or crop plants or the produce
thereof, but shall not include substances to the extent that they are
intended as plant nutrients, trace elements, nutritional chemicals, plant
inoculants, and soil amendments.