Page:United States Statutes at Large Volume 73.djvu/325

 73 S T A T. ]

PUBLIC LAW 86-139-AUG. 7, 1959

"(3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; "(4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue. "z. The term 'misbranded' shall apply— "(1) to any economic poison or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; "(2) to any economic poison— "(a) if it is an imitation of or is offered for sale under the name of another economic poison; "(b) if its labeling bears any reference to registration under this Act; "(c) if the labeling accompanying it does not contain directions for use which are necessary and if complied with adequate for the protection of the public; "(d) if the label does not contain a warning or caution statement which may be necessary and if complied with adequate to prevent injury to living man and other vertebrate animals, vegetation, and useful invertebrate animals; "(e) if the label does not bear an ingredient statement on that part of the immediate container and on the outside contamer or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase: Provided, That the Secretary may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase; "(f) if 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; or "(g) if in the case of an insecticide, nematocide, fungicide, or herbicide when used as directed or in accordance with commonly recognized practice it shall be injurious to living man or other vertebrate animals, or vegetation, except weeds, to which it is applied, or to the person applying such economic poison; or "(h) if in the case of a plant regulatorj defoliant, or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such economic poison: Provided, That physical or pliysiological effects on plants or parts thereoi shall not be deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations. SEC. 3. This Act shall take effect on the date of its enactment, except that— (a) with respect to any nematocide, plant regulator, defoliant, or desiccant which was marketed commercially prior to the date of enactment and whose use does not result in residues of same

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Effective date.

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