Monsanto v. Durnell · ¶104
FIFRA’s principal labeling requirement is its prohibition on selling or distributing “misbranded” pesticides. §136j(a)(1)(E). The statutory definition of “misbranded” is extensive, establishing many detailed supplementary labeling requirements. See §136(q). For example, a pesticide that contains a highly toxic substance but does not have the “skull and crossbones” and the word “‘poison’” on its label is misbranded. §136(q)(2)(D). So too is a pesticide that does not bear an ingredient statement. §136(q)(2)(A). And so is a pesticide that has “false or misleading” statements on its label. §136(q)(1)(A).Read in context ›
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