94 



or supervises the use of any pesticide which is clas- 

 sified 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- 

 cator. 



Unless otherwise prescribed by its labeling, a 

 pesticide shall be considered to be applied under 

 the direct suF>ervision of a certified applicator 

 if it is applied by a competent person acting under 

 the instructions and control of a certified appli- 

 cator 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. 



(0 Defoliant. 



The term "defoliant" means any substance or mix- 

 ture of substances intended for causing the leaves or 

 foliage to drop from a plant, with or without caus- 

 ing abscission. 



(b) Desiccant. 



The term "desiccant" means any substance or mix- 

 ture of substances intanded for artificially acceler- 

 ating the drying of plant tissue. 



(h) Device. 



The term "device" means any instrument or con- 

 trivance (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 Dis- 

 trict 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 interrelationships which exist 

 among these. 



(k) Fungus. 



The term "fungus" means any non-chlorophyll- 

 bearing thallophyte (that is, any non-chlorophyll- 

 bearing plant of a lower order than mosses and liver- 

 worts) . 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. 



(0 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 likely to result in unreasonable adverse ef- 

 fects on the environment or will involve unreason- 

 able hazard to the survival of a species declared 

 endangered or threatened by the Secretary pursuant 

 to the Endangered Species Act of 1973. 



(m) Inert ingredient. 



The term "inert ingredient" means an ingredient 

 which is not active. 



(n) Ingredient statement. 



The term "ingredient statement" means a state- 

 ment which contains — 



(1) the name and percentage of each active in- 

 gredient, and the total percentage of all inert in- 

 gredients, 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. 



(o) Insect. 



The term "insect" means any of the numerous 

 small invertebrate animals generally having the 

 body more or less obviously segmented, for the most 

 part belonging to the class insecta, comprising six- 

 legged, usually winged forms, as for example, beetles, 

 bugs, bees, flies, and to other allied classes of 

 arthropods whose members are wingless and usually 

 have more than six legs, as for example, spiders, 

 mites, ticks, centipedes, and wood lice. 



(p) Label and labeling. 



(1) Label. 



The term "label" means the written, printed, or 

 graphic matter on, or attached to, the pesticide or 

 device or any of its containers or wrappers. 



(2) Labeling. 



The term "labeling" means all labels and all 

 other written, printed, or graphic matter — 



(A) accompanying the pesticide or device at 

 any time ; or 



(B) to which reference is made on the label 

 or in literature accompanying the pesticide or 

 device, except to current official publications of 

 the Environmental Protection Agency, the 

 United States Departments of Agriculture and 

 Interior, the Department of Health, Education, 

 and Welfare. State experiment stations. State 

 agricultural colleges, and other similar Federal 

 or State institutions or agencies authorized by 

 law to conduct research in the field of pesticides. 



(q) Misbranded. 



(1) A pesticide is misbranded if — 



(A) its labeling bears any statement, design, 

 or graphic representation relative thereto or to 

 its ingredients which is false or misleading in 

 any particular; 



(B) it is contained in a package or other con- 

 tainer or wrapping which does not conform to 

 the standards established by the Administrator 

 pursuant to section 136w(c) (3) of this title; 



(C) it is an imitation of, or is offered for sale 

 under the name of, another pesticide; 



(D) its label does not bear the registration 

 number assigned under section 136e of this title 

 to each establishment in which it was produced; 



(E) any word, statement, or other informa- 

 tion required by or under authority of this sub- 

 chapter to appear on the label or labeling is not 

 prominently placed thereon with such conspicu- 

 ousness (as compared with other words, state- 

 ments, designs, or graphic matter in the label- 

 ing) and in such terms as to render it likely to 

 be read and understood by the ordinary individ- 

 ual under customary conditions of purchase and 

 use; 



