Current through Register Vol. 56, No. 18, September 16, 2024
(a) No person shall advertise in a manner which implies US EPA or Department approval of the person, the pesticide, or the pest control technique used.
(b) No person shall advertise in a manner which states or implies that a pesticide, pesticides, pest control technique or services including the use of pesticides, are non-toxic or safe. Such prohibited advertising practices may include, but are not limited to:
1. False statements about product effectiveness;
2. References to a product being recommended or endorsed by the US EPA or the Department;
3. A true statement used in such a way as to give a false or misleading impression, such as, "organic," "organic based," "natural" or "natural based";
4. Safety claims such as "environmentally safe," "nonpoisonous," "non-injurious," "harmless" or "nontoxic to humans and pets";
5. Non-numerical and/or comparative statements on the safety of a product such as, "contains all natural ingredients," "among the least toxic chemicals known," "pollution approved," "biodegradable" and "environmentally friendly";
6. False and misleading pictorial ads; and
7. Company names such as those which imply that the pesticides used are "safe," "natural" or "organic."
(c) No person shall advertise or represent himself or herself in any manner to the public, as performing a service for which licensing is required by this chapter, unless such person is so licensed.
1. Exceptions to (c) above shall be permitted only if the advertisement clearly states that:
i. The services advertised are subcontracted out to a licensed person, and such an arrangement between the two parties is documented in writing; or
ii. Only non-pesticidal methods of pest control are used.
2. Any reference to proper pesticide licensing or a pesticide license number shall include the word "pesticide," such as "licensed for pesticide use" or "pesticide license number . . .". This requirement will avoid confusion with other licenses or certifications which may also be obtained by an applicator or business.
(d) No person shall advertise in a manner that is in violation of State or Federal law.
