183 



and rules and regulations, necessary to carry out sections 

 131 and 136 of title 23 of the United States Code, the 

 Secreury of Commerce shall hold puoilc hearings In each 

 State lor the purpose of gathering all relevant Informa- 

 tion on which to base such standards, criteria, and rules 

 and regulations. 



"(b) The Secretary of Commerce shall report to Con- 

 gress, not later than January 10. 1967, all standards, 

 criteria, and rules and regulations to be applied In carry- 

 ing out sections 131 and 136 of title 23 of the United 

 States Code." 



Taking of ParvATE Property Without Jdst 

 Compensation 

 Section 401 of Pub L 89-285 provided that: "Nothing 

 In this Act or the amendments made by this Act [amend- 

 ing this section and section 319 of this title and enacting 

 section 136 of this title and provisions set out as notes 

 under this section and sections 135 and 136 of this title] 

 shall be construed to authorize private property to be 

 taken or the reasonable and existing use restricted by 

 such taking without Just compensation as provided In 

 this Act '■ 



31. Insecticides 



7 U.S.C. 



135. Definitions. 



135a. Piohlblted acts. 



I35b. Registration of economic poisons. 



(a) General requirement: single economic poi- 



sons: supplement statem.nts; filing and 

 contents of statements. 



(b) Submiasion of formula: registration by 



Administrator upon compliance with 

 reci'ilrements. 



(c) Notlfii'.atlon of noncompliance with require- 



ments: correctlone: refusal, suspension or 

 cancellation of registration by Adminis- 

 trator. efTectr. e dace of cancellation: ad- 

 visory committees and procedures; ob- 

 jections, public hearings: Administrator's 

 orders: consul tatlon with otner agencies: 

 conndentia! information; public hazard 

 suapensloii: orders reviewable; defense of 

 registration. 



(d) Judicial review; court of appeals: persons 



entitled to appeal, petition, record, juris- 

 diction, conclusiveness of findings, addi- 

 tional evidence, modification of findings 

 and orders: Supreme Court; stay of ad- 

 ministrative orders: calendar. 



(e) Shipments between single-ownership plants. 



(f) Time of cancellation and continuance of 



registration. 



135c, Books and records; access and Inspection; use In 

 criminal prosecution. 



135d. Rules and regulations; examination of economic 

 poisons or devices; notification to violators; cer- 

 tification to United States attorney: duty of attor- 

 ney; publication of Judgments. 



135e. Exemptions from penalties. 



135f. Penalties. 



135g. Seizures; disposition; costs against claimant. 



135h. Imports: prohibition against delivery: penal bonds; 

 Imposition of costs; Hens. 



1351. Delegation of duties. 



135J. Appropriations; expenditures. 



135k. Cooperation between departments and agencies. 



§ 135. Definitions. 



For the purposes of sections 135 to 135k of this 

 title — 



(a) The term "economic poison" means (1) any 

 substance or mixture oi substances intended for 

 preventing, destroying, repelling, or mitigating any 

 insects, rodents, nematodes, fungi, weeds, and other 

 forms of plant or animal life or viruses, except 

 viruses on or in living man or other animals, which 

 the Secretary shall declare to be a pest, and (2) 

 any substance or mixture of substances intended for 

 use as a plant regulator, defoliant or desiccant. 



(b) The term "device" means any instrument or 

 contrivance intended for trapping, destroying, re- 

 pelling, or mitigating insects or rodents or destroy- 

 ing, repelling, or mitigating fungi, nematodes, or 



135-I35k 



such other pests cis may be designated by the Sec- 

 retary, but not including equipment used for the 

 application of economiic poisons when sold sepa- 

 rately therefrom. 



(c) The term "insecticide" means any substance or 

 mixture of substances intended for preventing, de- 

 stroying, repelling or mitigating any insects which 

 may be present in any environment whatsoever. 



(d) The term "fungicide" means any substance or 

 mixture of substances intended for preventing, de- 

 stroying, repelling, or mitigating any fungi. 



(e) The term "rodenticide" means any substance 

 or mixture of substances intended for preventing, 

 destroying, repelling, or mitigating rodents or any 

 other vertebrate animal which the Administrator 

 shall declare to be a pest. 



(f ) The term "herbicide" means any substance or 

 mixture of substances intended for preventing, de- 

 stroying, repelling, or mitigating any weed. 



(g) The term "nematocide" means any substance 

 or mixture of substances intended for preventing, 

 destroying, repelling, or mitigating nematodes. 



(h) The term "plant regulator" means any sub- 

 stance 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 ornamental or 

 crop plants or the produce thereof, but shall not 

 include substances to the extent that they are 

 intended as plant nutrients, trace elements, nutri- 

 tional chemicals, plant inoculants, and soil amend- 

 ments, 



(1) 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. 



(j) The term "desiccant" means any substance 

 or mixture of substances intended for artificially 

 accelerating the drying of plant tissue. 



(k) 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. 



U) The term "weed" means any plant which 

 grows where not wanted. 



(m) TTie term "ln.';ect" means any of the numer- 

 ous small invertebrate animals generally having 



