CHAPTER 1087 AN ACT RELATING TO THE DISTRIBUTION, SALE, OR TRANSPORTATION OF ADULTERATED OR MIS- BRANDED INSECTICIDES, FUNGICIDES. RODENTI- CIDES, AND OTHER ECONOMIC POISONS AND DE- VICES; REGULATING TRAFFIC THEREIN; PROVID- ING FOR REGISTRATION AND EXAMINATION OF SUCH MATERIALS, IMPOSING PENALTIES, AND FOR OTHER PURPOSES. The General Assembly of North Carolina do enact:
Section 3. Prohibited Acts. a. It shall be unlawful for any person to 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: -1 Any economic poison which is not registered pursuant to the provisions of Section 5 of this Act, or any economic poison 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 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 requiring reregistration of the product: Provided further, that changes at no time are permissible if they lower the efficacy of the product. -2 Any economic poison unless it is in the registrants or the manufacturers 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; (b) the name, brand, or trade mark under which said article is sold; and (c) the net weight or measure of the content subject, however, to such reasonable variations as the Board of Agriculture may permit. -3 Any economic poison which contains any substance or substances in quantities highly toxic to man, determined as provided in Section 6 of this Act, unless the label shall bear, in addition to any other matter required by this Act, (a) the skull and crossbones; (b) the word poison prominently, in red, on a background of distinctly 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, zine arsenate, zine arsenite, sodium flouride, sodium flusoilicate, and barium fluosilicate unless they have been distinctly colored or discolored as provided by regulations issued in accordance with this Act, or any other white or lightly colored powder economic poison which the Board of Agriculture, 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 Board may exempt any economic poison to the extent that it is intended for a particular 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. b. It shall be unlawful -1 for any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this Act or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from an economic poison in a manner that may defeat the purpose of this Act; -2 for any manufacturer, distributor, dealer, carrier, or other person to refuse, upon a request in writing specifying the nature or kind of economic poison or device to which such request relates, to furnish to or permit any person designated by the Commissioner to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of this Act; -3 for any person to give a guaranty or undertaking provided for in Section 8 which is FALSE in any particular, except that a person who receives and relies upon a guaranty authorized under Section 8 may give a guaranty to the same effect, which guaranty shall contain in addition to his own name and address the name and address of the person residing in the United States from whom he received the guaranty or undertaking; -4 for any person to use for his own advantage or to reveal, other than to the Commissioner, 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 Commissioner may prescribe, any information relative to formulas of products acquired by authority of Section 5 of this Act; and -5 for any person to oppose or interfere in any way with the Commissioner or his duly authorized agents in carrying out the duties imposed by this Act.