Louisiana Revised Statutes 40:1057.4 – Prohibited acts
Terms Used In Louisiana Revised Statutes 40:1057.4
- aerosol: shall mean a material which is dispensed from its container as a mist, spray, or foam by a propellant under pressure. See Louisiana Revised Statutes 40:1057.1
- commerce: means any and all commerce within the state of Louisiana and subject to the jurisdiction thereof, and includes the operation of any business or service establishment. See Louisiana Revised Statutes 40:1057.1
- department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1057.1
- label: means a display of written, printed or graphic matter upon the immediate container of any aerosol product and a requirement made by or under authority of this Act that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears (a) on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and (b) on all accompanying literature where there are directions for use, written or otherwise. See Louisiana Revised Statutes 40:1057.1
- person: includes an individual, partnership, corporation, or association, or the legal representative or agent of any of these. See Louisiana Revised Statutes 40:1057.1
- secretary: means the head of the Louisiana Department of Health, or his legally authorized representative or agent. See Louisiana Revised Statutes 40:1057.1
The following acts and the causing thereof are hereby prohibited:
(1) The introduction or delivery for introduction into commerce of any misbranded hazardous aerosol or banned hazardous aerosol.
(2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous aerosol if such act is done while the substance is in commerce or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the aerosol being a misbranded hazardous aerosol or a banned hazardous aerosol.
(3) The receipt in commerce of any misbranded hazardous aerosol or banned hazardous aerosol and the delivery or proffered delivery thereof for pay or otherwise.
(4) The giving of a guarantee or undertaking referred to in La. Rev. Stat. 40:1057.5(B)(b) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom he received in good faith the hazardous substance.
(5) The use by any person to his own advantage, or revealing other than to the secretary or officers or employees of the department or to the courts when relevant in any judicial proceeding under this Part, of any information acquired concerning any method or process which as a trade secret is entitled to protection.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.