Page:United States Statutes at Large Volume 86.djvu/1020

 978

PUBLIC LAW 92-516-OCT. 21, 1972

[86 STAT.

played under customary conditions of purchase, except that a pesticide is not misbranded under this subparagraph if: " (i) the size of form of the immediate container, or the outside container or wrapper: of the retail package, makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and "(ii) the ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, permitted by the Administrator; " (B) the labeling does not contain a statement of the use classification under which the product is registered; " (C) there is not affixed to its container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing— "(i) the name and address of the producer, registrant, or person for whom produced; "(ii) the name, brand, or trademark under which the pesticide is sold; "(iii) the net weight or measure of the content: Provided, That the Administrator may permit reasonable variations; and " (v) when required by regulation of the Administrator to effectuate the purposes of this Act, the registration number assigned to the pesticide under this Act, and the use classification; and " (D) the pesticide contains any substance or substance^ in quantities highly toxic to man, unless the label shall beai*, in addition to any other matter required by this Act— " (i) the skull and crossbones; "(ii) the word 'poison' prominently in red on a back.! ground of distinctly contrasting color; and "(iii) a statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide, " (r) NEMATODE.—The term 'nematode' means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inha;biting soil, water, plants, or plant parts; may also be called nemas or eelworms. "(s) PERSON.—The term 'person' means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not. " (t) PEST.—The term 'pest' means (1) any insect, rodent, nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which the Administrator declares to be a pest under section 2 5 (c)(1). " (u) PESTICIDE.—The term 'pesticide' means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. " (v) PLANT REGULATOR.—The term 'plant regulator' means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional

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