14

that a pesticide is not misbranded under this sub

paragraph if:

"(i) the size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the

ingredient statement on the part which is presented or displayed under customary conditions of purchase; and

"(ii) the ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, permitted by the Administrator;

"(B) the labeling does not contain a statement of the use classification under which the product is

registered;

"(C) there is not affixed to its container, and to the outside container or wrapper of the retail pack

age, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing

"(i) the name and address of the producer, registrant, or person for whom produced;

"(ii) the name, brand, or trademark under which the pesticide is sold;

"(ii) the net weight or measure of the

19

15

content: Provided, That the Administrator

may permit reasonable variations; and

"(iv) when required by regulation of the Administrator to effectuate the purposes of

this Act, the registration number assigned to

the pesticide under this Act, and the use classification; and

"(D) the pesticide contains any substance or substances in quantities highly toxic to man, unless the label shall bear, in addition to any other matter required by this Act

"(i) the skull and crossbones;

"(ii) the word 'poison' prominently in red

on a background of distinctly contrasting color;

and

"(iii) a statement of a practical treatment

(first aid or otherwise) in case of poisoning by

the pesticide.

"(r) NEMATODE.-The term 'nematode' means inver20 tebrate animals of the phylum nemathelminthes and class 21 nematoda, that is, unsegmented round worms with elongated, 22 fusiform, or saclike bodies covered with cuticle, and inhab23 iting soil, water, plants, or plant parts; may also be called nemas or eelworms.

24

25

"(s) PERSON.-The term 'person' means any individual,

16

1 partnership, association, corporation, or any organized group 2 of persons whether incorporated or not.

3 "(t) PEST.-The term 'pest' means (1) any insect, ro4 dent, nematode, fungus, weed, or (2) any other form of ter5 restrial or aquatic plant or animal life or virus, bacteria, or 6 other micro-organism (except viruses, bacteria, or other 7 micro-organisms on or in living man or other living animals) 8 which the Administrator declares to be a pest under section 9 25 (c) (1).

10

"(u) PESTICIDE.-The term 'pesticide' means (1) any 11 substance or mixture of substances intended for preventing, 12 destroying, repelling, or mitigating any pest, and (2) any 13 substance or mixture of substances intended for use as a plant 14 regulator, defoliant, or desiccant." desiccant."

15 "(v) PLANT REGULATOR.-The term 'plant regulator' 16 means any substance or mixture of substances, intended 17 through intended, through physiological action, for accelerat18 ing or retarding the rate of growth or rate of maturation, or 19 for otherwise altering the behavior of plants or the produce 20 thereof, but shall not include substances to the extent that 21 they are intended as plant nutrients, trace elements, nutri22 tional chemicals, plant inoculants, and soil amendments.

23

"(w) PRODUCER AND PRODUCE.-The term 'producer' 24 means the person who manufactures, prepares, compounds,

25

propagates, or processes any pesticide or device. The term

17

1 'produce' means to manufacture, prepare, compound, propa

2

3

gate, or process any pesticide or device.

"(x) PROTECT HEALTH AND THE ENVIRONMENT.—

4 The terms 'protect health and the environment' and 'protec5 tion of health and the environment' means mean protection 6 against any injury to man and protection against any sub7 stantial adverse effects on environmental values, taking into account the public interest, including benefits from the use 9 of the pesticide.

8

10

11

"(y) REGISTRANT.-The term 'registrant' means a person who has registered any pesticide pursuant to the pro12 visions of this Act.

13

"(z) REGISTRATION.-The term 'registration' includes 14 reregistration.

15

"(aa) STATE.-The term 'State' means a State, the Dis16 trict of Columbia, the Commonwealth of Puerto Rico, the 17 Virgin Islands, Guam, the Trust Territory of the Pacific 18 Islands, and American Samoa.

19

'(bb) SUBSTANTIAL ADVERSE EFFECTS ON THE EN

20 VIRONMENT.-The term 'substantial adverse effects on the

21 environment' means any injury to man or any substantial

99

adverse effects on environmental values, taking into account 23 the public interest, including benefits from the use of the

24 pesticide.

19

1 "(cc) WEED.—The term 'weed' means any plant which

"SEC. 3. REGISTRATION OF PESTICIDES.

"(a) REQUIREMENT.-Except as otherwise provided

5 by this Act, no person in any State may distribute, sell, of6 fer for sale, hold for sale, ship, deliver for shipment, or re

7 ceive and (having so received) deliver or offer to deliver,

to any person any pesticide which is not registered with the 9 Administrator.

10

12

13

"(b) EXEMPTIONS. A pesticide which is not regis11 tered with the Administrator may be transferred if— "(1) the transfer is from one registered establishment to another registered establishment operated by the same producer solely for packaging at the second establishment or for use as a constituent part of another pesticide produced at the second establishment; or

14

15

16

17

18

19

20

21

22

23

24

25

"(2) the transfer is pursuant to and in accordance with the requirements of an experimental use permit. "(c) PROCEDURE FOR REGISTRATION.—

"(1) STATEMENT REQUIRED.-Each applicant for registration of a pesticide shall file with the Administrator a statement which includes

"(A) the name and address of the applicant

and of any other person whose name will appear on the labeling;