1 2 3 4 5 6 7 8 9 10 which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof; "(C) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; "(D) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue. "(17) The term 'inert ingredient' means an ingredient 10 which is not active. 11 "(18) The term 'antidote' means a practical immediate 12 treatment in case of poisoning and includes first-aid treatment. "(19) The term 'person' means any individual, partner14 ship, association, corporation, or any organized group of 13 15 16 17 persons whether incorporated or not. "(20) The term 'possession of the United States' means any territory or possession of the United States, excluding 18 the Canal Zone. 19 "(21) The term 'State' means the several States, the 20 District of Columbia, and the Commonwealth of Puerto Rico. "(22) The term 'registrant' means the person registering any pesticide or device pursuant to the provisions of this 21 22 23 Act. 24 25 "(23) The term 'label' means the written, printed, or graphic matter on, or attached to, the pesticide or device or 11 1 the immediate container thereof, and the outside container or 2 wrapper of the retail package, if any there be, or the pesti 3 cide or device. 4 5 6 7 8 9 10 "(24) The term 'labeling' means all labels and other written, printed, or graphic matter— "(A) upon the pesticide or device or any of its containers or wrappers; "(B) accompanying the pesticide or device at any time; "(C) to which reference is made on the label or in 11 literature accompanying the pesticide or device, except to current official publications of the Department of Agri culture, 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. "(25) The term 'adulterated' shall apply to any pesticide or device if its strength or purity falls below the professed standard or quality as expressed on its labeling under which it is sold, or of the analysis of the representative samples delivered in connection with the application for registration of the pesticide or device, or if any substance has been substi tuted wholly or in part for the pesticide or device, or if any 12 1 valuable constituent of the pesticide or device has been 2 wholly or in part abstracted. "(26) The term 'misbranded' shall apply "(A) to any pesticide or device if its labeling bears. any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular, or if it is contained in a package or other container or wrapping which does not conform to the regulations established by the Administrator pursuant to the provisions of this Act, or if it was manufactured, prepared, propagated, compounded, or processed by an establishment which did not have in effect a valid registration under this Act for such pesticide or device: "(B) to any pesticide or device "(i) if it is an imitation of or is offered for sale under the name of another pesticide or device; "(ii) if its labeling bears any reference to any registration number under this Act other than the registration number assigned to the pesticide or device; "(iii) if the labeling accompanying it does not contain directions for use which are necessary and, if complied with, adequate for the protection of the public, including the protection of living man, 13 vertebrate animals, vegetation, and invertebrate ani mals, except target pests; "(iv) if the label does not contain a warning or caution statement which may be necessary and if complied with adequate to prevent injury to the public, including living man, vertebrate animals, vegetation, and invertebrate animals, except target pests; "(v) if the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase; but the Administrator may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container make it impracti cable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase; "(vi) if any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not promi nently placed thereon with such conspicuousness (as 1 2 3 4 5 6 7 8 9 10 11 12 23 13 14 14 compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary condi tions of purchase and use, as determined by the Administrator; "(vii) if the package or label bears any false or misleading statement, design, or device regarding the pesticide or device, or any ingredient or substance which is contained in it; or “(viii) if it is labeled, or branded, or pack aged so as to deceive or mislead the purchaser. "(27) The terms 'proper court' and 'district court' means a United States district court, and the District Court 15 of Guam, the District Court of the Virgin Islands, the highest 222 court of American Samoa, and the United States court of any other possession of the United States. "(28) the term 'target pests' means a particular species of plant or animal which is injuring or destroying another particular plant or other animal, but does not include predators of any such plant or animal though such predators may be classified or considered to be pests of other plants or 23 animals. 24 25 '(29) The term 'formula' means the chemical struc ture of the constituent ingredients. |