(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 § 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 § 76.021 of this code; or
(3) its label does not bear information as required by § 76.021 of this code or a rule adopted under this chapter.