95 



(P) the labeling accompanying it does not 

 contain directions for use which are necessary 

 for effecting the purpose for which the product 

 is intended and if complied with, together with 

 any requirements imposed under section 136a(d) 

 of this title, are adequate to protect health and 

 the environment; 



(G) the label does not contain a warning or 

 caution statement which may be necessary and 

 if complied with, together with any require- 

 ments imposed under section 136a(d) of this 

 title, is adequate to protect health and the envi- 

 ronment. 

 (2) A pesticide is misbranded if — 



(A) the label does not bear an ingredient 

 statement on that part of the immediate con- 

 tainer (and on the outside container or wrapper 

 of the retail package, if there be one. through 

 which the ingredient statement on the immedi- 

 ate container cannot be clearly read) which is 

 presented or displayed under customary condi- 

 tions of purchase, except that a pesticide is not 

 misbranded under this subparagraph if: 



(i) the size of form of the immediate con- 

 tainer, 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 promi- 

 nently on another part of the immediate con- 

 tainer, or outside container or wrapper, permit- 

 ted 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 re- 

 quired 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 con- 

 tent: Provided, That the Administrator may 

 permit reasonable variations; and 



(iv) when required by regulation of the 

 Administrator to effectuate the purposes of 

 this subchapter, the registration number as- 

 signed to the pesticide under this subchapter, 

 and the use classification: and 

 (b) the pesticide contains any substance or 

 substances in quantities highly toxic to man. un- 

 less the label shall bear, in addition to any other 

 matter required by this subchapter — 



(i) the skull and crossbones; 



(ii) the word "poison" prominently in red 

 on a background of distinctly contrasting 

 color; and 



(iii) a statement of a practical treatment 

 (first aid or otherwise) in case of poisonins 

 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 

 inhabiting soil, water, plants, or plant parts; may 

 also be called nemas or eelworms. 



(s) Person. 



The term "person" means any individual, partner- 

 ship, 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 Administra- 

 tor declares to be a pest under section 136w(c)(l) 

 of this title. 



(u) Pesticide. 



The term "pesticide" means (1) any substance or 

 mixture of substances intended for preventing, de- 

 stroying, repelUng, or mitigating any pest, and (2) 

 any substance or mixture of substances intended for 

 use as a plant regulator, defoliant, or desiccant: 

 Provided, That the term "pesticide" shall not include 

 any article <1) (a) that is a "new animal drug" within 

 the meaning of section 321(w) of Title 21. or (b) 

 that has been determined by the Secretary of Health, 

 Education, and Welfare not to be a new animal drug 

 by a regulation establishing conditions of use for the 

 article, or (2i that is an animal feed within the 

 meaning of section 321 (x) of Title 21 bearing or con- 

 taining an article covered by clause (1) of this 

 proviso, 

 (v) Plant re^ilator. 



The term "plant regulator" means any substance 

 or mixture of substances intended, through physio- 

 logical action, for accelerating or retarding the rate 

 of growth or rate of maturation, or for otherwise 

 altering the behavior of plants or the produce there- 

 of, but shall not include substances to the extent that 

 they are intended as plant nutrients, trace elements, 

 nutritional chemicals, plant inoculants. and soil 

 amendments. Also, the term "plant regulator" shall 

 not be required to include any of such of those nutri- 

 ent mixtures or soil amendments as are commonly 

 known as vitamin-hormone horticultural products, 

 intended for improvement, maintenance, survival, 

 health, and propagation of plants, and as are not for 

 pest destruction and are nontoxic, nonpoisonous in 

 the undiluted packaged concentration. 



(w) Producer and produce. 



The term "producer" means the person who man- 

 ufactures, prepares, compounds, propagates, or proc- 

 esses any pesticide or device. The term "produce" 

 means to manufacture, prepare, compound, propa- 

 gate, or process any pesticide or device. 



(x) Protect health and the environment. 



The terms "protect health and the environment" 

 and "protection of health and the environment" 

 mean protection against any unreasonable adverse 

 effects on the environment. 



