904                                 Laws of Maryland                         [Ch. 536

(u) The term "misbranded" shall apply—

(1)  to any pesticide 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—

(I)  if it is an imitation of or is offered for sale under the name of
another pesticide;

(II)  if its labeling bears any reference to registration under this
sub-title;

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

(IV)  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;

(V)  if the label does not bear 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, on the retail package
which is presented or displayed under customary conditions of pur-
chase;

(VI)  if any word, statement, or other information required by or
under the authority of this sub-title to appear on the labeling is not
prominently placed thereon with such conspicuousness (as compared
with other words, statements, designs, or graphic matter in the label-
ing) and in such terms as to render it likely to be read and under-
stood by the ordinary individual under customary conditions of
purchase and use, or

(VII)  if in the case of an insecticide, fungicide, or herbicide, when
used as directed or in accordance with commonly recognized practice,
it shall be injurious to living man or other vertebrate animals or
vegetation, except weeds, to which it is applied, or to the person
applying such pesticide.

186. 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 pesticide which has not been registered pursuant to the
provisions of Section 187 of this sub-title, or any pesticide or 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 a pesticide differs from its
composition as represented in connection with its registration: Pro-
vided, that in the discretion of the State Chemist, a change in the
labeling or formula of a pesticide may be made within a registration
period without requiring reregistration of the product. Provided,
further, the changes at no time are permissible if they lower the

efficacy of of the product.