73 "(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; "(iii) the net weight or measure of the content: Provided, That the Administrator may permit reasonable variations; and 85-424 O - 72 - 2 24 225 74 "(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; "(iii) the net weight or measure of the 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; 66 "(i) 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 inver 25 tebrate animals of the phylum nemathelminthes and class 75 1 "(t) PEST.-The term 'pest' means (1) any insect, ro2 dent, nematode, fungus, weed, or (2) any other form of 3 terrestrial or aquatic plant or animal life or virus, bacteria, 4 or other micro-organism (except viruses, bacteria, or other 5 micro-organisms on or in living man or other living animals) 6 which the Administrator declares to be a pest under section 7 24(c)(1). 8 "(u) PESTICIDE.-The term 'pesticide' means (1) any 9 substance or mixture of substances intended for preventing, 10 destroying, repelling, or mitigating any pest, and (2) any 11 substance or mixture of substances intended for use as a plant 12 regulator, defoliant, or desiccant. 13 14 "(v) PLANT REGULATOR.-The term 'plant regulator' means any substance or mixture of substances, intended, 15 through physiological action, for accelerating or retarding 16 the rate of growth or rate of maturation, or for otherwise 17 altering the behavior of plants or the produce thereof, but 18 shall not include substances to the extent that they are in19 tended as plant nutrients, trace elements, nutritional chemi20 cals, plant inoculants, and soil amendments. Also, the term 21 'plant regulator' shall not be required to include at all any 22 of such of those nutriment mixtures or soil amendments as 23 are commonly known as vitamin-hormone horticultural prod24 ucts, intended for improvement, maintenance, survival, 25 health, and propagation of plants, and as are not for pest 76 1 tended as plant nutrients, trace elements, nutritional chemi2 cals, plant inoculants, and soil amendments. Also, the term 3 'plant regulator' shall not be required to include at all any 4 of such of those nutriment mixtures or soil amendments as 5 7 are commonly known as vitamin-hormone horticultural prod 6 ucts, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest 8 destruction and are nontoxic, nonpoisonous in the undiluted 9 packaged concentration. 10 11 "(w) PRODUCER and Produce.-The term 'producer' means the person who manufactures, prepares, compounds, 12 propagates, or processes any pesticide or device. The term 13 'produce' means to manufacture, prepare, compound, propa14 gate, or process any pesticide or device. 15 16 "(x) PROTECT HEALTH AND THE ENVIRONMENT.— The terms 'protect health and environment' and 'protec17 tion of health and the environment' mean protection against 18 unreasonable adverse effects on the environment. 19 "(y) REGISTRANT.-The term 'registrant' means a 20 person who has registered any pesticide pursuant to the pro 21 visions of this Act. 22 "(z) REGISTRATION.-The term 'registration' includes 23 reregistration. 24 "(aa) STATE.-The term 'State' means a State, the Dis 25 trict of Columbia, the Commonwealth of Puerto Rico, the 77 1 environment means any injury to man or any substantial 2 adverse effects on environmental values, taking into account 3 the public interest, including benefits from the use of the 4 pesticide. "(cc) WEED.-The term 'weed' means any plant which 5 6 7 8 "(dd) ESTABLISHMENT.—The term 'establishment' means any place where a pesticide or device is produced, or 9 held, for distribution or sale. 10 "SEC. 3. REGISTRATION OF PESTICIDES. "(a) REQUIREMENT.-Except as otherwise provided by this Act, no person in any State may distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver, to any person any pesticide which is not registered with the Administrator. “(b) EXEMPTIONS.—A pesticide which is not registered 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 "(2) the transfer is pursuant to and in accordance with the requirements of an experimental use permit. "(c) PROCEDURE FOR REGISTRATION.— |