(415 ILCS 60/5) (from Ch. 5, par. 805)

Sec. 5. Misbranded. The term misbranded shall apply:

1. To any pesticide or device designated as requiring registration by the Director under authority of this Act:

A. If its labeling bears any statement or graphic representation relating to labeling or to the ingredients which is misleading or false in any particular.

B. If it is an imitation of, or is distributed under, the name of another pesticide.

C. If any word, statement, or other required information is not prominently placed upon the label or labeled with such conspicuousness and in such terms as to render it readable and understandable by the ordinary person under customary conditions of purchase and use.

2. To any pesticide:

A. If the labeling does not contain a statement of the federal use classification under which the product is registered.

B. If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and any precautions or requirements imposed by FIFRA which, if complied with, are adequate to protect health and the environment.

C. If the label does not bear:

i. Name, brand or trademark under which the pesticide is distributed.

ii. An ingredient statement on that part of the immediate container which is presented or customarily displayed under usual conditions of purchase.

iii. A warning or caution statement commensurate with the toxicity categories levels assigned by USEPA.

iv. The net weight or measure of contents.

v. The name and address of the manufacturer, registrant, or person for whom manufactured.

vi. The USEPA registration number assigned to the pesticide as well as the USEPA number assigned to the producing or manufacturing establishment in which the pesticide was produced.

D. If the pesticide contains any substance or substances highly toxic to man (as defined in the USEPA) unless the label bears, in addition to other label requirements:

i. The skull and crossbones.

ii. The word "POISON" in red prominently displayed on a contrasting background.

iii. A statement of practical treatment in case of poisoning by the pesticide.

E. If the pesticide container does not bear a registered label, is not accompanied by registered labeling instructions, does not bear a label registered for "experimental use only", or does not bear a label showing SLN registration.

F. If the pesticide container is not in compliance with child resistant packaging requirements as set forth by the USEPA.

(Source: P.A. 102-558, eff. 8-20-21.)