9 1 substance or mixture of substances intended for artificially 2 accelerating the drying of plant tissue. 3 "(h) DEVICE.-The term 'device' means any instrument 4 or contrivance (other than a firearm) which (1) is intended 5 for trapping, destroying, repelling, or mitigating any pest 6 or any other form of plant or animal life (other than man 7 and other than bacteria, virus, or other micro-organism on 8 9 or in living man or other living animals), and (2) is within a class of devices in respect of which the Administrator has 10 made the determination referred to in section 25 (c) (4). "(i) DISTRICT COURT.-The term 'district court' means 11 12 a United States district court, the District Court of Guam, 13 the District Court of the Virgin Islands, and the highest 14 court of American Samoa. 15 "(j) ENVIRONMENT.-The term 'environment' includes 16 water, air, land, and all plants and man and other animals 17 living therein, and the interrelationships which exist among 18 these. 19 "(k) FUNGUS.-The term 'fungus' means any non20 chlorophyll-bearing thallophyte (that is, any non-chloro21 phyll-bearing plant of a lower order than mosses and liver22 worts), as for example, rust, smut, mildew, mold, yeast, 23 and bacteria, except those on or in living man or other 10 1 animals and those on or in processed food, beverages, or 2 pharmaceuticals. 3 4 "(1) IMMINENT HAZARD.-The term 'imminent hazard' means a situation which exists when the continued use of a 5 pesticide during the time required for cancellation proceed6 ing would be likely to result in substantial adverse effects on 7 the environment. 8 "(m) INERT INGREDIENT.-The term 'inert ingredient' 9 means an ingredient which is not active. 10 "(n) INGREDIENT STATEMENT.-The term 'ingredient 11 statement' means a statement which contains "(1) the name of each active ingredient in the pesticide; "(2) if all the uses of the pesticide are classified for general use, then either— "(i) the total percentage of all inert ingredients, and of all active ingredients the name of each, in the pesticide; or "(ii) the percentage of each active ingredient. the pesticide; and if all the uses of the pesticide are "(3) if all the uses of the pesticide are not classi fied for general use, the information specified in sub 76-194 0-72-2 2 3 4 5 6 7 11 paragraph (ii) of paragraph (2) of this subsection; and “(3) “(4) if the pesticide contains arsenic in any form, a statement of the percentages of total water soluble arsenic, calculated as elemental arsenic. "(o) INSECT. The term 'insect' means any of the nu merous small invertebrate animals generally having the body more or less obviously segmented, for the most part belong8 ing to the class insecta, comprising six-legged, usually winged 9 forms, as for example, beetles, bugs, bees, flies, and to other 10 allied classes of arthropods whose members are wingless and 11 usually have more than six legs, as for example, spiders, 12 mites, ticks, centipedes, and wood lice. "(p) LABEL AND LABELING. "(1) LABEL.-The term 'label' means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. "(2) LABELING.-The term 'labeling' means all labels and all other written, printed, or graphic matter"(A) accompanying the pesticide or device at any time; or "(B) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, 12 the Department of Health, Education, and Welfare, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides. "(q) MISBRANDED.— "(1) A pesticide or device subject to this Act is misbranded if "(A) its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; "(B) it is contained in a package or other container or wrapping which does not conform to the standards established by the Administrator pursuant to section 25 (c) (3); "(C) it is an imitation of, or is offered for sale under the name of, another pesticide or device; "(D) its labeling does not bear the registration number assigned under section 7 to each establishment in which it was produced; "(E) any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as com 13 pared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; "(F) if the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under section 3 (d) of this Act, is are adequate to protect health and the environment; or "(G) if the label does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed under section 3 (d) of this Act, is adequate to protect health and the environment. "(2) A pesticide is misbranded if— "(A) the label does not bear an ingredient statement on that part of the immediate container (and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package) which is presented or displayed under customary conditions of purchase, except |