2 3 "For purposes of this Act "(a) ACTIVE INGREDIENT.-The term 'active ingredi 4 ent' means "(1) in the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest; "(2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof; "(3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and (4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue. "(b) ADMINISTRATOR. The term 'Administrator' means the Administrator of the Environmental Protection 20 Agency. "(c) ADULTERATED.-The term 'adulterated' applies 22 to any pesticide if: 23 "() its strength or purity falls below the professed 24 standard or quality as expressed on its labeling under which 25 it is sold; 1 2 3 7 “(1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold; 4 "(2) any substance has been substituted wholly or in 5 6 7 8 part for the pesticide; or “(2) any substance has been substituted wholly or in part for the pesticide; or “(3) any valuable constituent of the pesticide has been 9 wholly or in part abstracted. 10 11 12 "(3) any valuable constituent of the pesticide has been wholly or in part abstracted. "(d) ANIMAL.-The term 'animal' means all vertebrate 13 and invertebrate species, including but not limited to man 14 and other mammals, birds, fish, and shellfish. "(e) CERTIFIED PESTICIDE APPLICATOR, ETC.-— "(1) CERTIFIED PESTICIDE APPLICATOR.—The term 'certified pesticide applicator' means any individual who is certified under section 4 as authorized to use or supervise the use of any pesticide which is classified for restricted use. "(2) PRIVATE PESTICIDE APPLICATOR.—The term 'private pesticide applicator' means a certified pesticide 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 1 2 3 4 +5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 8 owned or rented by him or (if applied without com pensation other than trading of personal services be tween producers of agricultural commodities) on the property of another person. “(3) COMMERCIAL PESTICIDE APPLICATOR.-The term commercial pesticide applicator' means a certified pesticide applicator (whether or not he is a private pesticide 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.-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 21 substance or mixture of substances intended for causing the 22 leaves or foliage to drop from a plant, with or without caus23 ing abscission. 24 "(g) DESICCANT.-The term 'desiccant' means any 9 1 substance or mixture of substances intended for artificially 2 accelerating the drying of plant tissue. 3 4 "(h) DEVICE.-The term 'device' means any instrument 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 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 "(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 proceed6 ing would be likely to result in substantial adverse effects on 7 the environment. 8 9 10 "(m) INERT INGREDIENT.-The term 'inert ingredient' means an ingredient which is not active. "(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. and the total percentage of all inert ingredients, in the pesticide; and if all the uses of the pesticide are not classified for general use, then the information required under (ii); and "(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 |