MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources

By: Representatives Chaney, Cameron, Janus, Johnson, Ketchings, Rotenberry, Wells-Smith

AN ACT TO PROHIBIT THE DISTRIBUTION, SALE, DELIVERY OR TRANSPORTATION WITHIN THIS STATE OF ANY SUBSTANCE OR MIXTURE OF SUBSTANCES CONTAINING INGREDIENTS KNOWN AS "CHLORINATED HYDROCARBONS," IF THE CHLORINATED HYDROCARBONS ARE USED IN WOOD TREATMENT OR PRESERVATION AND IF THEY HAVE NOT BEEN MANUFACTURED IN THE UNITED STATES OF AMERICA; TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL BE A MISDEMEANOR AND THAT THE PENALTY SHALL BE THE SAME AS THAT PROVIDED FOR VIOLATIONS OF THE MISSISSIPPI PESTICIDE LAW; TO AMEND SECTION 69-23-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) It shall be unlawful for any person to distribute, sell or offer for sale within this state, or to deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, any substance or mixture of substances containing ingredients known as "chlorinated hydrocarbons," if the chlorinated hydrocarbons are used in wood treatment or preservation and if they have not been manufactured in the United States of America.

(2) Any person violating the provisions of subsection (1) is guilty of a misdemeanor and, upon conviction, shall be punished as prescribed in Section 69-23-29, which sets forth the penalties for violations of the Mississippi Pesticide Law.

SECTION 2. Section 69-23-5, Mississippi Code of 1972, is amended as follows:

69-23-5. (1) 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:

(a) Any pesticide which has not been registered pursuant to the provisions of Section 69-23-7 or any pesticide if any of the claims made for it or any of the directions for its use differ from its composition or representations made in connection with its registration; provided, that in the discretion of the commissioner a change in the labeling or formula of a pesticide may be made within a reregistration period within requiring registration of the product if the registration is amended to reflect such change and if the changes will not violate any provisions of FIFRA or this chapter.

(b) 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 be one (1) through which the required information on the immediate container cannot be clearly read, a label bearing:

(i) The name and address of the manufacturer, registrant or person for whom manufactured;

(ii) The name, brand, or trademark under which said article is sold;

(iii) The net weight or measure of the content, subject, however, to such reasonable variations as the commissioner may permit;

(iv) A batch number from which the date of packaging can be determined for certain pesticides which have been determined to deteriorate in relatively short periods, when requested by the commissioner;

(v) The EPA registration number assigned to each establishment in which it was produced and the EPA registration number assigned to the pesticide if required by regulation under FIFRA;

(vi) Any other information required by this chapter or regulation promulgated thereunder; except that this subsection (b) shall not apply:

(i) To the transportation, within the meaning of this section, of refined petroleum naphtha or refined petroleum distillate, by tank truck, or by tank cars, or in tanks by rail;

(ii) To the delivery of refined petroleum naphtha or refined petroleum distillate from a storage tank, or tank truck, in a quantity of not less than fifty (50) gallons, if, at the time of such delivery the person delivering the said material delivers to the person to whom the delivery is made, or his agent or representative, a written or printed statement containing the information, with respect to the material delivered, required by the provision of clauses (i), (ii) and (iii) of this subsection (b).

Provided, however, that the commissioner may designate that certain specific pesticides may be distributed or offered for sale by the manufacturer and/or registrant in bulk, in which case the label information required and any other statements required by this chapter must be stated in or attached to the invoice; and in addition, a copy of said invoice must be given to the purchaser at the time the pesticide is delivered. In addition to the above, the commissioner may set rules and regulations for the sale, dispensing, storing, handling and transportation of pesticides in bulk.

(c) Any pesticide which contains any substance or substances in quantities highly toxic to man, determined as provided in Section 69-23-9, unless the label shall bear, in addition to any other matter required by this chapter:

(i) The skull and crossbones;

(ii) The word "poison" prominently, in red on a background of distinctly contrasting color;

(iii) A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide.

(d) Any pesticide which has not been colored or discolored pursuant to the provisions of this chapter.

(e) Any pesticide which is adulterated or misbranded.

(f) Any pesticide in containers which are unsafe due to damage.

(g) Any pesticide or insecticide containing ingredients known as "Chlorinated hydrocarbons," if the chlorinated hydrocarbons are used in wood treatment or preservation and if they have not been manufactured in the United States of America.

(2) It shall be unlawful:

(a) For any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;

(b) For any person to use for his own advantage or to reveal, other than to the commissioner or proper officials or employees of the state or the EPA, or to the courts of this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in preparation of antidotes, any information relative to formulas of products acquired by authority of this chapter or any information judged by the commissioner as containing or relating to trade secrets or commercial or financial information obtained by authority of this chapter and marked as confidential by the registrant;

(c) For any person to distribute any pesticide labeled for restricted use to any person, or his agent who is not certified to use or purchase such pesticide;

(d) For any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or to regulations of the commissioner if those regulations further restrict the uses provided on the labeling;

(e) For any person to handle, transport, store, display, distribute or dispose of any pesticide or container in such a manner as to endanger man and his environment.

The commissioner is hereby authorized, empowered and directed to authorize and grant a permit to any person, firm or corporation to dispose of any existing stock of pesticide it may have on hand at the time this chapter becomes effective, including all packages, labels and containers; provided that such stock is packaged and labeled in accordance with federal laws and regulations governing the packaging and labeling of such products.

(3) In addition to any criminal remedy set forth in subsection (2), remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act, Sections 75-26-1 through 75-26-19.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.