# "It is a violation of Federal law" **URL:** \ **Category:** Factual Questions\ **Created:** [May 24, 2011, 2:02pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007 "2011-05-24T14:02:00Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [May 24, 2011, 2:02pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/1 "2011-05-24T14:02:00Z")
> [@](#): > > It is a violation of Federal law to use this product in a manner inconsistent with its labeling. We sometimes have an ant problem, and [Terro](http://www.terro.com/) works nicely. It has the quoted warning on the packaging. So what’s the deal with the warning? Is it enforceable? Seems too vague. What is the “Federal Law” and why isn’t it cited in the warning? The package labeling says I should place new product out every 3 months even if I see no ants. If I disregard this am I subject to prosecution?😉 I’m thinking it is just a CYA label statement so that if I figure out a way to convert the product to meth There will be a way law enforcement can come after me. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [May 24, 2011, 2:06pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/2 "2011-05-24T14:06:26Z")
It is a CYA label. If you poison your neighbor with it then it is your fault and not theirs. ---
**Author:** ![KneadToKnow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kneadtoknow/32/3999_2.png) [@KneadToKnow](https://boards.straightdope.com/u/KneadToKnow)\ **Post date:** [May 24, 2011, 2:07pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/3 "2011-05-24T14:07:01Z")
FWIW, this was the fourth hit when I Googled the phrase: > [@http://www.ppp.purdue.edu/Pubs/ppp-24/ppp24pg19-28.html](#): > > Every pesticide label includes the statement, “It is a violation of federal law to use this product in a manner inconsistent with its labeling.” This language obliges the purchaser or user of any pesticide to assume responsibilities for the use of the product. Further, courts of law and regulators generally recognize the pesticide label is a binding contract which requires the person using the product to do so exactly as directed. Terms such as must, shall, do not, and shall not mean that the user is responsible for specific actions when applying or handling the given product; any departure from such directions is, in the eyes of the law, an illegal use of the pesticide. [Linky](http://www.ppp.purdue.edu/Pubs/ppp-24/ppp24pg19-28.html) ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [May 24, 2011, 2:15pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/4 "2011-05-24T14:15:20Z")
I was going to google the phrase, but IU don’t have the package with me and was lucky to remember it exactly. Also, I’m curious about enforceability of such a general statement. “(I)nconsistent with its labeling” in particular. ---
**Author:** ![KneadToKnow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kneadtoknow/32/3999_2.png) [@KneadToKnow](https://boards.straightdope.com/u/KneadToKnow)\ **Post date:** [May 24, 2011, 2:19pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/5 "2011-05-24T14:19:18Z")
Follow the link and scroll down a bit and you’ll see references to specific sections of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). I suspect that’s the particular federal law in question. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [May 24, 2011, 2:31pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/6 "2011-05-24T14:31:27Z")
> [@kayaker](#): > > I was going to google the phrase, but IU don’t have the package with me and was lucky to remember it exactly. Also, I’m curious about enforceability of such a general statement. “(I)nconsistent with its labeling” in particular. What enforceable? They are covering themselves from a potential civil liability suit. If you break the law then you break the law whether they told you something was illegal or not. “Ignorance of the law is no excuse” and all that jazz. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [May 24, 2011, 2:31pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/7 "2011-05-24T14:31:28Z")
> [@KneadToKnow](#): > > Follow the link and scroll down a bit and you’ll see references to specific sections of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). I suspect that’s the particular federal law in question. Thanks! I have been using products the past few weeks that contain the warning, but didn’t realize they are all pesticides (wasp spray, ant killer, flea control product). ---
**Author:** ![johnpost](https://avatars.discourse-cdn.com/v4/letter/j/f17d59/32.png) [@johnpost](https://boards.straightdope.com/u/johnpost)\ **Post date:** [May 24, 2011, 2:52pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/8 "2011-05-24T14:52:05Z")
the government has a direct interest in use of these chemicals. people will use more than allowed or in ways that it is not allowed and create hazards to people, unintended targets. ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [May 24, 2011, 3:20pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/9 "2011-05-24T15:20:30Z")
When you don’t know something, look to _[the Family Circus](http://img689.imageshack.us/img689/3009/382ar.jpg)_ to provide the answer ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [May 24, 2011, 3:27pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/10 "2011-05-24T15:27:52Z")
But have there been any arrests, prosecutions, or convictions for this? “Mr. Smith, you stand charged with using a product in a manner inconsistent with its labeling. How do you plead?” “So, why are you in jail?” “I used ant spray for a roach problem, and did not use it in a ventilated area like the label said I should. I got convicted of 2 counts of Using a Product in a Manner Inconsistent with its Labeling.” ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [May 24, 2011, 3:32pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/11 "2011-05-24T15:32:20Z")
Thanks, **robert columbia**! That is actually the thinking that led to my OP. ---
**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\ **Post date:** [May 24, 2011, 3:37pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/12 "2011-05-24T15:37:36Z")
> [@kayaker](#): > > We sometimes have an ant problem, and [Terro](http://www.terro.com/) works nicely. It has the quoted warning on the packaging. So what’s the deal with the warning? Is it enforceable? Seems too vague. What is the “Federal Law” and why isn’t it cited in the warning? > > The package labeling says I should place new product out every 3 months even if I see no ants. If I disregard this am I subject to prosecution?😉 > > I’m thinking it is just a CYA label statement so that if I figure out a way to convert the product to meth There will be a way law enforcement can come after me. (1) The law is probably [FIFRA](http://en.wikipedia.org/wiki/Federal_Insecticide,_Fungicide,_and_Rodenticide_Act). (2) While the enforcement of a law may be defended against by asserting its vagueness, that pertains to the law as actually promulgated by the legislature. It is no defense to say that the warning label on the product is too ambiguous, because ignorance of the law is no defense to its application. You are presumed to know what the relevant statutes say (and, indeed, how prior case law has construed those statutes) about the activities you undertake. Unless the statute specifically requires it, you need not even be informed of its applicability on the label, just as cars don’t ordinarily carry admonitions that driving them while intoxicated may subject you to criminal and civil prosecution. (3) It seems pretty doubtful that the U.S. Attorney will prosecute you, but if he or she did, a lack of previous prosecutions obviously will not exonerate the accused. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 24, 2011, 7:11pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/13 "2011-05-24T19:11:53Z")
Cop: Sir, did you shake the can vigorously before using? You: Well, I did shake it, but I would say I shook it more in a spirited fashion Cop: Place you hands behind your back. ---
**Author:** ![FatBaldGuy](https://avatars.discourse-cdn.com/v4/letter/f/ecd19e/32.png) [@FatBaldGuy](https://boards.straightdope.com/u/FatBaldGuy)\ **Post date:** [May 24, 2011, 7:35pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/14 "2011-05-24T19:35:51Z")
We had a sad case here in Utah about a year or so ago where a worker for a pest control company used a chemical pest repellent “in a manner inconsistent with its labeling” by placing it too close to the house and in higher concentration than allowed. Two little girls died from the fumes and both the worker and the company faced criminal and civil charges. ---
**Author:** ![Rebo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rebo/32/13005_2.png) [@Rebo](https://boards.straightdope.com/u/Rebo)\ **Post date:** [May 24, 2011, 7:39pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/15 "2011-05-24T19:39:56Z")
I always thought that warning had to do with “huffing.” Ignorance fought… ---
**Author:** ![FatBaldGuy](https://avatars.discourse-cdn.com/v4/letter/f/ecd19e/32.png) [@FatBaldGuy](https://boards.straightdope.com/u/FatBaldGuy)\ **Post date:** [May 24, 2011, 7:42pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/16 "2011-05-24T19:42:25Z")
> [@FatBaldGuy](#): > > We had a sad case here in Utah about a year or so ago where a worker for a pest control company used a chemical pest repellent “in a manner inconsistent with its labeling” by placing it too close to the house and in higher concentration than allowed. Two little girls died from the fumes and both the worker and the company faced criminal and civil charges. Missed the edit window. Here is a [link](http://www.deseretnews.com/article/700036490/Utah-exterminator-hit-with-3500-citations.html) to the story. ---
**Author:** ![KneadToKnow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kneadtoknow/32/3999_2.png) [@KneadToKnow](https://boards.straightdope.com/u/KneadToKnow)\ **Post date:** [May 24, 2011, 8:02pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/17 "2011-05-24T20:02:29Z")
> [@Rebo](#): > > I always thought that warning had to do with “huffing.” Same here, until I found the above-linked article. 🙂 ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [May 24, 2011, 9:06pm UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/18 "2011-05-24T21:06:23Z")
> [@FatBaldGuy](#): > > We had a sad case here in Utah about a year or so ago where a worker for a pest control company used a chemical pest repellent “in a manner inconsistent with its labeling” by placing it too close to the house and in higher concentration than allowed. Two little girls died from the fumes and both the worker and the company faced criminal and civil charges. And that’s really what the label is for – not Joe Householder who wants to kill roaches with ant spray. Your major badass pesticides are supposed to be used only be licensed or certified applicators. When they abuse the stuff, bery bad things can happen and it does open them up to federal charges. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [May 25, 2011, 3:12am UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/19 "2011-05-25T03:12:10Z")
> [@Markxxx](#): > > When you don’t know something, look to _[the Family Circus](http://img689.imageshack.us/img689/3009/382ar.jpg)_ to provide the answer Or even better, check what the Perfect Master has said on the topic: [Is misuse of Pine-Sol a federal crime?](http://www.straightdope.com/columns/read/1019/is-misuse-of-pine-sol-a-federal-crime) ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [May 26, 2011, 5:49am UTC](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007/20 "2011-05-26T05:49:29Z")
Here’s a question I had from the other thread: > [@Have you ever violated US federal law by using a product in a manner inconsistent with its labeling?](https://boards.straightdope.com/t/have-you-ever-violated-us-federal-law-by-using-a-product-in-a-manner-inconsistent-with-its-labeling/583059/4): > > Why not just say, “Disregard the written instructions at your own risk”? [Next page](https://boards.straightdope.com/t/it-is-a-violation-of-federal-law/583007.md?page=2)