67 "(2) PRIVATE APPLICATOR.-The term 'private applicator' means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person. "(3) COMMERCIAL APPLICATOR.-The term 'commercial applicator' means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (2). "(4) UNDER THE DIRECT SUPERVISION OF A CERTIFIED APPLICATOR.—Unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. "(f) DEFOLIANT.—The term 'defoliant' means any sub 1 2 3 68 applicator is not physically present at the time and place the pesticide is applied. "(f) DEFOLIANT.-The term 'defoliant' means any sub 4 stance or mixture of substances intended for causing the 5 leaves or foliage to drop from a plant, with or without caus6 ing abscission. 7 "(g) DESICCANT.-The term 'desiccant' means any sub8 stance or mixture of substances intended for artificially 9 accelerating the drying of plant tissue. 10 "(h) DEVICE.-The term 'device' means any instrument 11 or contrivance (other than a firearm) which is intended for 12 trapping, destroying, repelling, or mitigating any pest or 13 any other form of plant or animal life (other than man 14 and other than bacteria, virus, or other micro-organism on 15 or in living man or other living animals; but not including 16 equipment used for the application of pesticides when sold 17 separately therefrom). 18 "(i) DISTRICT COURT.-The term 'district court' means 19 a United States district court, the District Court of Guam, 20 the District Court of the Virgin Islands, and the highest court 21 of American Samoa. 22 22 "(j) ENVIRONMENT.-The term 'environment' includes 23 water, air, land, and all plants and man and other animals 24 living therein, and the interrelationships which exist among 25 these. 63 1 animals and those on or in processed food, beverages, or 2 pharmaceuticals. 3 "(1) IMMINENT HAZARD.-The term 'imminent hazard' 4 means a situation which exists when the continued use of a 5 pesticide during the time required for cancellation proceed 6 ing would be likely to result in substantial adverse effects on 7 the environment or will involve hazard to the survival of a 8 species declared endangered by the Secretary of the Interior 9 under Public Law 91–135. 10 11 12 13 14 15 16 17 18 19 20 21 222 223 "(m) INERT INGREDIENT.—The term 'inert ingredient' means an ingredient which is not active. "(n) INGREDIENT STATEMENT.-The term 'ingredient statement' means a statement which contains "(1) the name and percentage of each active ingredient, and the total percentage of all inert ingredients, in the pesticide; and "(2) if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elementary 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 belong 23 ing to the class insecta, comprising six-legged, usually winged 24 forms, as for example, beetles, bugs, bees, flies, and to other 25 allied classes of arthropods whose members are wingless and 70 1 merous small invertebrate animals generally having the body 2 more or less obviously segmented, for the most part belong3 ing to the class insecta, comprising six-legged, usually winged 4 forms, as for example, beetles, bugs, bees, flies, and to other 5 allied classes of arthropods whose members are wingless and 6 usually have more than six legs, as for example, spiders, 7 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, 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. 71 "(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 24(c)(3); "(C) it is an imitation of, or is offered for sale under the name of, another pesticide; "(D) its label 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 compared 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) 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, are adequate to protect health and the en vironment; |