Page:United States Statutes at Large Volume 92 Part 1.djvu/873

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 819

Public Law 95-396 95th Congress An Act To amend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

Sept. 30, 1978 [S. 1678]

Be it enacted by the Senate and House of Representatives of the Federal Pesticide United States of America in Congress assembled, Act of 1978. DEFINITIONS

1. Section 2 of the Federal Insecticide, Fungicide, and Eodenticide Act is amended by— 7 USC 136. (1) adding at the end of subsection (e)(1) the following: "Any applicator who holds or applies registered pesticides, or use dilutions of registered pesticides consistent with section 2(ee) of this Act, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served is not deemed to be a seller or distributor of pesticides under this Act."; (2) in subsection (e)(3), striking out "a certified" and inserting in lieu thereof "an"; (3) in subsection (q)(1), striking out the period at the end of clause (G), inserting "; or" in lieu thereof, and adding a new clause (H) as follows: " (H) in the case of a pesticide not registered in accordance with section 3 of this Act and intended for export, the label 7 USC 136a. does not contain, in words prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the laibeling) as to render it likely to be noted by the ordinary individual under customary conditions of purchase and use, the following: 'Not Registered for Use in the United States of America'."; (4) in subsection (w), inserting "or active ingredient used in producing a pesticide" immediately after "or device" wherever that phrase appears therein; (5) adding at the end of subsection (w) the following: "The, dilution by individuals of formulated pesticides for their own use and according to the directions on registered labels shall not of itself result in such individuals being included in the definition of 'producer' for the purposes of this Act."; (6) in subsection (dd), inserting "or active ingredient used in producing a pesticide" immediately after "or device"; and (7) adding at the end thereof a new subsection (ee) as follows: SECTION

"(ee) To USE A N Y REGISTERED PESTICIDE IN A MANNER INCONSISTENT W I T H ITS LABELING.—The term 'to use any

registered pesticide in a manner inconsistent with its labeling' means to use any registered pesticide in a manner not permitted by the labeling: Provided, That the term shall not include (1) applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling, (2) applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless the Administrator has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling after

�