Sec. 76.023.  MISBRANDED PESTICIDE OR DEVICE.  (a)  A pesticide or device is misbranded if:
(1)  it is subject to registration under FIFRA and it does not fully comply with the labeling requirements of the United States Environmental Protection Agency;  or
(2)  it is not subject to registration under FIFRA and:
(A)  its labeling bears a statement, design, or graphic representation relating to the pesticide or device, or the ingredients of either, that is false or misleading in any particular;
(B)  it is an imitation of or is distributed under the name of another pesticide or device;  or
(C)  it is not conspicuously labeled in accordance with Section 76.022 of this code.
(b)  A pesticide is misbranded if:
(1)  its labeling bears any reference to registration under this chapter, unless the reference is required by a rule adopted under this chapter;
(2)  it does not bear a label as required by Section 76.021 of this code;  or
(3)  its label does not bear information as required by Section 76.021 of this code or a rule adopted under this chapter.
Acts 1981, 67th Leg., p. 1192, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.