660                              Laws of Maryland                      [Ch. 326

(3) To which reference is made on the label or in literature ac-
companying the pesticide, except when accurate, nonmisleading ref-
erence is made to current official publications of the United States
Departments of Agriculture or Interior, the United States Public
Health Service, State Experiment Stations; State Agricultural Col-
leges, or other similar federal institutions or official agencies of this
State or other states authorized by law to conduct research in the
field of pesticides.

(t) The term "adulterated" shall apply to any pesticide if its
strength or purity falls below the professed standard or quality
as expressed on labeling or under which it is sold, or if any sub-
stance has been substituted wholly or in part for the article, or if
any valuable constituent of the article has been wholly or in part
abstracted.

(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
subtitle ;

(III)   If the labeling accompanying it does not contain instruc-
tions for use which are necessary and, if complied with, adequate
for the protection of the public [;] and the environment.

(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 purchase;

(VI)    If any word, statement, or other information required by or
under the authority of this subtitle to appear on the labeling is not
prominently placed thereon which 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, 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.

(VIII)  in the case of a plant regulator, defoliant, or desiccant
when used as directed it shall be injurious to living man or other