Revised Code of Washington
Chapter 15.58 - Washington Pesticide Control Act.
15.58.150 - Unlawful practices.

RCW 15.58.150
Unlawful practices.

(1) It is unlawful for any person to distribute within the 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:
(a) Any pesticide which has not been registered pursuant to the provisions of this chapter;
(b) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs 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: PROVIDED, That at the discretion of the director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product;
(c) Any pesticide 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 is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this chapter and the rules adopted under this chapter;
(d) Any pesticide unless it has been distinctly denatured as to color, taste, odor, or form if so required by rule;
(e) Any pesticide which is adulterated or misbranded, or any device which is misbranded;
(f) Any pesticide in containers, violating rules adopted pursuant to RCW 15.58.040(2)(f) or pesticides found in containers which are unsafe due to damage.
(2) It shall be unlawful:
(a) To sell or deliver any pesticide to any person who is required by law or rules promulgated under such law to be certified, licensed, or have a permit to use or purchase the pesticide unless such person or the person's agent, to whom sale or delivery is made, has a valid certification, license, or permit to use or purchase the kind and quantity of such pesticide sold or delivered: PROVIDED, That, subject to conditions established by the director, such permit may be obtained immediately prior to sale or delivery from any person designated by the director;
(b) For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter or the rules adopted thereunder;
(c) For any person to use or cause to be used any pesticide contrary to label directions or to regulations of the director if those regulations differ from or further restrict the label directions: PROVIDED, The compliance to the term "contrary to label directions" is enforced by the director consistent with the intent of this chapter;
(d) For any person to use for his or her own advantage or to reveal, other than to the director or proper officials or employees of the state, or to the courts of the state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of RCW 15.58.060;
(e) For any person to make false, misleading, or erroneous statements or reports concerning any pest during or after a pest inspection or to fail to comply with criteria established by rule for structural pest inspections;
(f) For any person to make false, misleading, or erroneous statements or reports in connection with any pesticide complaint or investigation;
(g) For any person to act as, or advertise that they perform the services of, a structural pest inspector without having a license to act as a structural pest inspector;
(h) For a business to conduct one or more complete wood destroying organism inspections without first having obtained a structural pest inspection company license from the department.

[ 2012 c 25 § 6; 2003 c 212 § 3; 2000 c 96 § 6; 1991 c 264 § 3; 1989 c 380 § 11; 1987 c 45 § 25; 1979 c 146 § 3; 1971 ex.s. c 190 § 15.]
NOTES:

Construction—Severability—1987 c 45: See notes following RCW 15.54.270.

Structure Revised Code of Washington

Revised Code of Washington

Title 15 - Agriculture and Marketing

Chapter 15.58 - Washington Pesticide Control Act.

15.58.010 - Short title.

15.58.020 - Declaration of public interest.

15.58.030 - Definitions.

15.58.040 - Director's authority—Rules.

15.58.045 - Disposal of unusable pesticides—Rules.

15.58.050 - Registration of pesticides—Generally.

15.58.060 - Statement for registration—Contents.

15.58.065 - Protection of privileged or confidential information.

15.58.070 - Pesticide annual registration fee—Expiration of registrations—Deposit in agricultural local fund.

15.58.080 - Additional fee for late registration renewal.

15.58.090 - Certain agencies may register without fee—Not subject to RCW 15.58.180.

15.58.100 - Criterion for registering.

15.58.110 - Refusing or canceling registration—Procedure.

15.58.120 - Suspension of registration when hazard to public health.

15.58.130 - "Misbranded" as applicable to pesticides, devices, or spray adjuvants.

15.58.140 - "Adulterated" as applicable to pesticides.

15.58.150 - Unlawful practices.

15.58.160 - Violations of chapter—"Stop sale, use or removal" order.

15.58.170 - "Stop sale, use or removal" order—Adjudication.

15.58.180 - Pesticide dealer license—Generally.

15.58.200 - Pesticide dealer manager—License qualifications.

15.58.205 - Structural pest inspector licenses—Required—Exemptions.

15.58.206 - Structural pest inspector licenses—Exemption—Home inspectors.

15.58.207 - Structural pest inspector licenses—Examination.

15.58.210 - Pest control consultant licenses—Required—Exemptions.

15.58.220 - Public pest control consultant license.

15.58.230 - Consultant's license—Requirements.

15.58.233 - Renewal of licenses—Recertification standards.

15.58.235 - Renewal of licenses—Delinquency.

15.58.240 - Classification of licenses—Examinations—Fees.

15.58.250 - Recordkeeping requirements.

15.58.260 - Civil penalties and/or denial, suspension, or revocation of license, registration or permit.

15.58.270 - Subpoenas—Witness fees.

15.58.280 - Sampling and examination of pesticides or devices—Procedure when criminal proceedings contemplated.

15.58.290 - Minor violations, warning notice in writing.

15.58.300 - Persons exempted from certain penalties under RCW 15.58.150.

15.58.310 - Pesticides for foreign export not in violation of chapter.

15.58.320 - Certain pharmacists exempted from licensing provisions.

15.58.330 - Violation of chapter—Misdemeanor.

15.58.335 - Civil penalty.

15.58.340 - Injunction.

15.58.345 - Damages—Civil action not precluded.

15.58.350 - Persons charged with enforcement barred from interest in pesticides, devices.

15.58.360 - No recovery of damages when probable cause.

15.58.400 - Cooperation and agreements with other agencies.

15.58.405 - Emergency situations—Special local needs—Experimental use permits.

15.58.411 - Use of license fees—Pesticide safety education program—Deposit of money collected for civil penalties.

15.58.420 - Report to legislature.

15.58.445 - Wood destroying organism inspections—License required.

15.58.450 - Wood destroying organism inspection report—Unique inspection control number required.

15.58.460 - Structural pest inspector—Evidence of financial responsibility required—Exemptions.

15.58.465 - Structural pest inspector—Forms of evidence of financial responsibility—Amount—Terms.

15.58.470 - Structural pest inspector—Failure to meet financial responsibility requirements.

15.58.480 - Educational materials regarding best practices for avoiding adverse effects from pesticides on pollinating insects.

15.58.910 - Continuation of rules adopted pursuant to repealed sections.

15.58.920 - Existing liabilities not affected.