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." 16 15 "(v) PLANT REGULATOR.-The term 'plant regulator' 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 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. 20 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. 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 22 adverse effects on environmental values, taking into account 23 the public interest, including benefits from the use of the 24 pesticide. 1 2 3 4 18 "(cc) WEED.-The term 'weed' means any plant which grows where not wanted. "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 re7 ceive and (having so received) deliver or offer to deliver, 8 to any person any pesticide which is not registered with the 9 Administrator. 10 12 B "(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 66 (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; 19 "(B) the name of the pesticide; "(C) a complete copy of the labeling of the pesticide, a statement of all claims to be made for it, and any directions for its use; "(D) if requested by the Administrator, a full description of the tests made and the results thereof upon which the claims are based, except that data submitted in support of an application shall not, without permission of the applicant, be considered by the Administrator in support of any other application for registration; and "(E) the complete formula of the pesticide; "(F) a request that the pesticide be classified for general use, for restricted use, or for both. “(2) Data in SUPPORT OF REGISTRATION.—The Administrator shall publish guidelines specifying the kinds of information which will be required to support the registration of a pesticide and shall revise such guidelines from time to time. If thereafter he requires any additional kind of information he shall permit sufficient time for applicants to obtain such additional information. Except as provided by subsection (c) (1) (D) of this section and section 10, within 30 days after the Administrator registers a pesticide under this Act 20 he shall make available to the public the data called for in the registration statement together with such other scientific information as he deems relevant to his decision. "(3) TIME FOR ACTING WITH RESPECT TO APPLICATION.-The Administrator shall review the data after receipt of the application and shall, as expeditiously as possible, either register the pesticide in accordance with paragraph (5), or notify the applicant of his deternination that it does not comply with the provisions of the Act in accordance with paragraph (6). "(4) NOTICE OF APPLICATION.-The Administrator shall publish in the Federal Register, promptly after receipt of the statement and other data required pursuant to paragraphs (1) and (2), a notice of each application for registration of any pesticide if it contains any new active ingredient or if it would entail a changed use pattern. The notice shall provide for a period of 30 days in which any Federal agency or any other inter “(5) APPROVAL OF REGISTRATION.-The Admin istrator shall register a pesticide if he determines that, when considered with any restrictions imposed under subsection (d)-— "(A) its composition is such as to warrant the proposed claims for it; |