(a) It is unlawful for any person to distribute, sell, or offer for sale within the state of Tennessee, 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:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 43-8-103

  • Adulterated: means a condition wherein strength or purity of a pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent thereof has been wholly or in part abstracted. See Tennessee Code 43-8-102
  • Antidote: means the most practical immediate treatment in case of poisoning and includes first aid treatment. See Tennessee Code 43-8-102
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 43-8-102
  • Label: means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide. See Tennessee Code 43-8-102
  • Misbranded: means a condition as to a pesticide, wherein:
    (A) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, that is false or misleading in any particular. See Tennessee Code 43-8-102
  • Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Tennessee Code 43-8-102
  • Pesticide: means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. See Tennessee Code 43-8-102
  • Registrant: means the person registering any pesticide pursuant to this part and part 2 of this chapter. See Tennessee Code 43-8-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Any pesticide that is not registered pursuant to § 43-8-104, or any pesticide where claims or directions for use differ in substance from the representations made in connection with its registration or if the composition of the pesticide differs from its composition as represented in connection with its registration;
(2) 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 any outside container or wrapper of the retail package where required information on the immediate container cannot be clearly read, a label bearing:

(A) The name and address of the manufacturer, registrant or person for whom manufactured;
(B) The name, brand or trademarks under which the article is sold; and
(C) The net weight or measure of the contents subject, however, to such reasonable variations as the commissioner may permit;
(3) Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in § 43-8-106, unless the label bears, in addition to any other matter required by this part and part 2 of this chapter:

(A) The skull and crossbones;
(B) The word “poison” prominently, in red on a background of distinctly contrasting color; and
(C) A statement of an antidote for the pesticide; or
(4) Any pesticide that is adulterated or misbranded.
(b) A violation of this section is a Class A misdemeanor.
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