Page:United States Statutes at Large Volume 86.djvu/1018

 976

PUBLIC LAW 92-516-OCT. 21, 1972

[86 STAT.

any agricultural commodity on.property owned or rented by him or his employer or (if applied without compensation other than trading of pereonal services between producere 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 APPLI-

83 Stat. 275. 16 USC 668CC-1.

CATOR.—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 substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. " (g) DESICCANT.—The term 'desiccant' means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. " (h) DEVICE.—The term 'device' means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom. "(i) DISTRICT COURT.—The term 'district court' means a United States district court, the District Court of Guam, the District Court of the Virgin Islands, and the highest court of American Samoa. "(j) ENVIRONMENT.—The term 'environment' includes water, air, land, and all plants and man and other animals living therein, and the interrelationshiDS which exist among these. " (k) FUNGUS.—The term 'fungus' means any non-chlorophyllbearing thallophyte (that is, any non-clilorophyll-bearing plant of a lower order than mosses and liverworts), as for example, rust, smut, mildew, mold, yeast,.and bacteria, except those on or in living man or other animals and those on or in processed food, beverages, or pharmaceuticals. "(1) IMMINENT HAZARD.—The term 'imminent hazard' means a situation which exists when the continued use of a pesticide during the time required for cancellation proceeding would be likelv to result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior under Public Law 91-135. " (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.

�