{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3938.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3938.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3938.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3938.html"}],"law_id":66280,"edition_id":1,"section_id":66280,"structure_id":14698,"section_number":"3.2-3938","catch_line":"Misbranded pesticides","history":"1989, c. 575, \u00a7 3.1-249.27; 1993, c. 773; 1995, c. 103; 2008, c. 860.","full_text":"Any pesticide or device is misbranded if:\n\n1\n\nIts labeling bears any statement, design, or graphic representation relative thereto or to its ingredients that is false or misleading in any particular;2\n\nIt is an imitation of or is offered for sale under the name of another pesticide;3\n\nIts labeling bears any reference to registration under this chapter;4\n\nThe accompanying labeling does not contain directions for use that are adequate for the protection of the public;5\n\nThe label does not contain a warning or caution statement that may be necessary and, if complied with, adequate to prevent injury to man, other vertebrate animals, vegetation, and useful invertebrate animals;6\n\nThe label does not bear an ingredient statement or guaranteed analysis statement on the immediate container of the retail package (and on the outside container or wrapper if such statement on the immediate container cannot be clearly read) that is presented or displayed under customary conditions of purchase. The Commissioner may permit the ingredient statement to appear prominently on some other part of the container if the size or form of the container makes it impracticable to place it on the part of the retail package that is presented or displayed under customary conditions of purchase;7\n\nAny words, statement, or other information required under this chapter 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 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;8\n\nIn the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized safe practice, it shall be injurious to living man or other vertebrate animals or vegetation to which it is applied, or to the person applying such pesticide, excepting pests and weeds; or9\n\nIn the case of a plant regulator, defoliant, or desiccant, when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided that physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations.","order_by":null,"text":{"0":{"id":240708,"text":"Any pesticide or device is misbranded if:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":240709,"text":"Its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients that is false or misleading in any particular;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":240710,"text":"It is an imitation of or is offered for sale under the name of another pesticide;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":240711,"text":"Its labeling bears any reference to registration under this chapter;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":240712,"text":"The accompanying labeling does not contain directions for use that are adequate for the protection of the public;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":240713,"text":"The label does not contain a warning or caution statement that may be necessary and, if complied with, adequate to prevent injury to man, other vertebrate animals, vegetation, and useful invertebrate animals;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":240714,"text":"The label does not bear an ingredient statement or guaranteed analysis statement on the immediate container of the retail package (and on the outside container or wrapper if such statement on the immediate container cannot be clearly read) that is presented or displayed under customary conditions of purchase. The Commissioner may permit the ingredient statement to appear prominently on some other part of the container if the size or form of the container makes it impracticable to place it on the part of the retail package that is presented or displayed under customary conditions of purchase;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":240715,"text":"Any words, statement, or other information required under this chapter 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 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;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":240716,"text":"In the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized safe practice, it shall be injurious to living man or other vertebrate animals or vegetation to which it is applied, or to the person applying such pesticide, excepting pests and weeds; or","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":240717,"text":"In the case of a plant regulator, defoliant, or desiccant, when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided that physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8"}},"ancestry":[{"id":14698,"edition_id":1,"name":"Violations, Penalties, and Proceedings in Case of Violations","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13103,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":196011,"object_type":"structure","relational_id":14698,"identifier":"5","token":"3.2\/III\/39\/5","url":"\/3.2\/III\/39\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13103,"edition_id":1,"name":"Pesticide Control","identifier":"39","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195857,"object_type":"structure","relational_id":13103,"identifier":"39","token":"3.2\/III\/39","url":"\/3.2\/III\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66280,"structure_id":14698,"section_number":"3.2-3938","catch_line":"Misbranded pesticides","url":"\/3.2-3938\/","token":"3.2\/III\/39\/5\/3.2-3938","metadata":false},{"id":76293,"structure_id":14698,"section_number":"3.2-3939","catch_line":"Violations generally","url":"\/3.2-3939\/","token":"3.2\/III\/39\/5\/3.2-3939","metadata":false},{"id":78440,"structure_id":14698,"section_number":"3.2-3940","catch_line":"Administrative violations","url":"\/3.2-3940\/","token":"3.2\/III\/39\/5\/3.2-3940","metadata":false},{"id":56690,"structure_id":14698,"section_number":"3.2-3941","catch_line":"Exemptions from penalties","url":"\/3.2-3941\/","token":"3.2\/III\/39\/5\/3.2-3941","metadata":false},{"id":74042,"structure_id":14698,"section_number":"3.2-3942","catch_line":"Right of entry; warrant requirements; procedure","url":"\/3.2-3942\/","token":"3.2\/III\/39\/5\/3.2-3942","metadata":false},{"id":74946,"structure_id":14698,"section_number":"3.2-3943","catch_line":"Civil penalties; procedure","url":"\/3.2-3943\/","token":"3.2\/III\/39\/5\/3.2-3943","metadata":false},{"id":61810,"structure_id":14698,"section_number":"3.2-3944","catch_line":"\"Stop-sale or removal\" orders; \"stop-use\" orders; judicial review","url":"\/3.2-3944\/","token":"3.2\/III\/39\/5\/3.2-3944","metadata":false},{"id":61782,"structure_id":14698,"section_number":"3.2-3945","catch_line":"Seizure, condemnation, and sale","url":"\/3.2-3945\/","token":"3.2\/III\/39\/5\/3.2-3945","metadata":false},{"id":82056,"structure_id":14698,"section_number":"3.2-3946","catch_line":"Proceedings in case of violations","url":"\/3.2-3946\/","token":"3.2\/III\/39\/5\/3.2-3946","metadata":false},{"id":56338,"structure_id":14698,"section_number":"3.2-3947","catch_line":"Penalties","url":"\/3.2-3947\/","token":"3.2\/III\/39\/5\/3.2-3947","metadata":false}],"next_section":{"id":76293,"structure_id":14698,"section_number":"3.2-3939","catch_line":"Violations generally","url":"\/3.2-3939\/","token":"3.2\/III\/39\/5\/3.2-3939","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3938\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 575 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 773; in 1995, chapter 103<\/a>; in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":196013,"object_type":"law","relational_id":66280,"identifier":"3.2-3938","token":"3.2\/III\/39\/5\/3.2-3938","url":"\/3.2-3938\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3938\/","token":"3.2\/III\/39\/5\/3.2-3938","dublin_core":{"Title":"Misbranded pesticides","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3938","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any pesticide or device<\/span> is misbranded if:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Its labeling<\/span> bears any statement, design, or graphic representation relative thereto or to its ingredients that is false or misleading in any particular; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> It is an imitation of or is offered for sale under the name of another pesticide; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Its labeling<\/span> bears any reference to registration under this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The accompanying labeling<\/span> does not contain directions for use<\/span> that are adequate for the protection of the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The label<\/span> does not contain a warning or caution statement that may be necessary and, if complied with, adequate to prevent injury to man, other vertebrate animals, vegetation, and useful invertebrate animals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The label<\/span> does not bear an ingredient statement<\/span> or guaranteed analysis statement<\/span> on the immediate container of the retail package (and on the outside container or wrapper if such statement on the immediate container cannot be clearly read) that is presented or displayed under customary conditions of purchase. The Commissioner<\/span> may permit the ingredient statement<\/span> to appear prominently on some other part of the container if the size or form of the container makes it impracticable to place it on the part of the retail package that is presented or displayed under customary conditions of purchase; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any words, statement, or other information required under this chapter to appear on the labeling<\/span> is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling<\/span>) 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<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> In the case of an insecticide<\/span>, fungicide<\/span>, or herbicide<\/span>, when used as directed or in accordance with commonly recognized safe practice, it shall be injurious to living man or other vertebrate animals or vegetation to which it is applied, or to the person applying such pesticide, excepting pests<\/span> and weeds; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> In the case of a plant regulator<\/span>, defoliant<\/span>, or desiccant<\/span>, when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided that physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when this is the purpose for which the plant regulator<\/span>, defoliant<\/span>, or desiccant<\/span> was applied, in accordance with the label<\/span> claims and recommendations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMISBRANDED PESTICIDES (\u00a7 3.2-3938)\n\nAny pesticide or device is misbranded if:\n\n1. Its labeling bears any statement, design, or graphic representation relative\nthereto or to its ingredients that is false or misleading in any particular;\n\n2. It is an imitation of or is offered for sale under the name of another\npesticide;\n\n3. Its labeling bears any reference to registration under this chapter;\n\n4. The accompanying labeling does not contain directions for use that are\nadequate for the protection of the public;\n\n5. The label does not contain a warning or caution statement that may be\nnecessary and, if complied with, adequate to prevent injury to man, other\nvertebrate animals, vegetation, and useful invertebrate animals;\n\n6. The label does not bear an ingredient statement or guaranteed analysis\nstatement on the immediate container of the retail package (and on the outside\ncontainer or wrapper if such statement on the immediate container cannot be\nclearly read) that is presented or displayed under customary conditions of\npurchase. The Commissioner may permit the ingredient statement to appear\nprominently on some other part of the container if the size or form of the\ncontainer makes it impracticable to place it on the part of the retail package\nthat is presented or displayed under customary conditions of purchase;\n\n7. Any words, statement, or other information required under this chapter to\nappear on the labeling is not prominently placed thereon with such\nconspicuousness (as compared with other words, statements, designs, or graphic\nmatter in the labeling) and in such terms as to render it likely to be read and\nunderstood by the ordinary individual under customary conditions of purchase and\nuse;\n\n8. In the case of an insecticide, fungicide, or herbicide, when used as directed\nor in accordance with commonly recognized safe practice, it shall be injurious\nto living man or other vertebrate animals or vegetation to which it is applied,\nor to the person applying such pesticide, excepting pests and weeds; or\n\n9. In the case of a plant regulator, defoliant, or desiccant, when used as\ndirected it shall be injurious to living man or other vertebrate animals, or\nvegetation to which it is applied, or to the person applying such pesticide;\nprovided that physical or physiological effects on plants or parts thereof shall\nnot be deemed to be injury, when this is the purpose for which the plant\nregulator, defoliant, or desiccant was applied, in accordance with the label\nclaims and recommendations.\n\nHISTORY: 1989, c. 575, \u00a7 3.1-249.27; 1993, c. 773; 1995, c. 103; 2008, c. 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}