49-969. Consumer product information

A. The department may not prepare or distribute public education information relating to any claims regarding household hazardous waste or substitutes for any household consumer product unless the information is competent and reliable and based on a test, analysis, research, study or other evidence that yields accurate and reliable results.

B. The department may publish or distribute the following without verification studies or analyses:

1. Information compiled pursuant to requirements set forth in state law.

2. Case studies of specific facilities or their processes.

3. Articles or views expressing the opinion of an author outside the department, provided that this material is prepared for discussion purposes only.

C. The department may not recommend any substance as a pesticide unless the substance is either of the following:

1. Registered for use as a pesticide by this state and by the United States environmental protection agency, or its successor, and is to be used in a manner consistent with the label directions.

2. Listed by the environmental protection agency in 40 Code of Federal Regulations section 152.25, exemptions for pesticides of a character not requiring regulation under the federal insecticide, fungicide and rodenticide act, as amended by the food quality and protection act of 1996.