General Provisions

(1) No person shall distribute a pesticide that is not registered by the Subcommittee. This prohibition shall not apply: (a) To transfer of a pesticide from one plant or warehouse to another plant or warehouse and used solely at such plant or warehouse as a constituent part to make a pesticide which is or will be registered. (b) To the use of a pesticide consistent with the terms of an experimental use permit. (2) No person possessing a pesticide dealer license shall violate or allow to be violated any term, condition, restriction or provision of said license. (3) The Department may refuse to grant or re-issue a pesticide dealer's license if it finds that the proposed distributor or its agent has acted in a manner inconsistent with the purposes or requirements of the Massachusetts Pesticide Control Act or FIFRA. Any person aggrieved by a determination by the Department to deny a license shall be provided notice and an opportunity for a hearing pursuant to the procedures set forth in 333 CMR 9.00. (Mass. Register #1532, 10/11/2024) (4) No person shall distribute a pesticide classified by the Department as being for restricted or state limited use to a person not appropriately certified to use that pesticide. This prohibition shall not apply to the distribution of a pesticide to a competent individual acting under the direct supervision of an individual appropriately certified to use that pesticide. No person shall distribute a pesticide that is adulterated, misbranded, or deteriorated in content. No person shall distribute any pesticide unless it is in the registrant’s or the producer’s container which has not been damaged, opened, or deteriorated, or is unsafe due to design. This prohibition shall not apply to the repackaging of pesticides because of damage in transit so long as the repackaging results in safe and sound packaging. These prohibitions shall not preclude distribution of undamaged, unopened, and undeteriorated individually labeled containers from shipping containers, or containers from which an official state or federal agency sample has been taken in carrying out the responsibilities of their laws. No person shall distribute any pesticide that does not conform to any requirement of its registration or permit. (8) No person shall detach, alter, deface or destroy, wholly or in any part, any label or labeling provided for the Massachusetts Pesticide Control Act, or FIFRA, or in rules and regulations adopted under either. (9) No person shall add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of the Massachusetts Pesticide Control Act, FIFRA, or the regulations adopted under either. (10) No person shall distribute, handle, dispose of, discard or store any pesticide or pesticide container in such a manner, as determined by the Department, as to cause or which is likely to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects, to cause damage to the environment or to pollute any water supply, waterway, groundwater or waterbody. Pesticide dealers displaying restricted or state limited use pesticides shall display such pesticides in an area separate from general use pesticides. Pesticide dealers displaying restricted or state limited use pesticides shall post a sign bearing the statement “for sale to certified applicators only”, at the display in a prominent position. The statement shall be in letter at least one inch high. (13) No pesticide may be distributed if part or all the label is missing, unreadable or otherwise damaged beyond recognition. (14) In the application of 333 CMR 9.00, each pesticide dealer shall be responsible for the acts of those people in their employ.