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1 declare to be a pest, and (2) any substance or mixture of 2 substances intended for use as a plant regulator, defoliant or 3 desiccant.

4 (b) The term "device" means any instrument or con5 trivance intended for trapping, destroying, repelling, or 6 mitigating insects, birds, predators, or rodents or destroying, 7 repelling, or mitigating fungi, nematodes, or such other pests

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as may be designated by the Administrator, but not includ9 ing equipment used for the application of pesticides when 10 sold separately therefrom.

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(c) The term "plant regulator" means any substance or mixture of substances, intended through physiological 13 action, for accelerating or retarding the rate of growth or 14 rate of maturation, or for otherwise altering the behavior 15 of plants or the produce thereof, but shall not include sub16 stances to the extent that they are intended as plant nutrients, 17 trace elements, nutritional chemicals, plant inoculants, and 18 soil amendments.

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(d) 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.

(e) The term "desiccant" means any substance or mix

23 ture of substances intended for artificially accelerating the

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drying of plant tissue.

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1 (f) The term "environment" includes water, air, land, (not including man)

2 all plants and animals living therein, and the interrelation

3 ships which exist among these.

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(g) The "animal" means all vertebrate and invertebrate 5 species, including but not limited to man and other mammals, 6 birds, fish, and shellfish.

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(h) The term "nematode" means invertebrate animals

8 of the phylum nemathelminthes and class nematoda, that 9 is, unsegmented round worms with elongated, fusiform, or 10 saclike bodies covered with cuticle, and inhabiting soil, water, 11 plants or plant parts; may also be called nemas or eelworms. 12 (i) The term "weed" means any plant which grows 13 where not wanted.

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(j) The term "insect" means any of the numerous small 15 invertebrate animals generally having the body more or less 16 obviously segmented, for the most part belonging to the class 17 insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes

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of arthropods whose members are wingless and usually have

more than six legs, as, for example, spiders, mites, ticks,

centipedes, and wood lice.

(k) The term "fungi" means all non-chlorophyll-bearing 23 thallophytes (that is, all non-chlorophyll-bearing plants of a

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lower order than mosses and liverworts) as, for example, 25 rusts, smuts, mildews, molds, yeasts, and bacteria, except

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1 those on or in living man or other animals, and except those

2 in or on processed food, beverages, or pharmaceuticals.

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(1) The term "ingredient statement" means eitherHa statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; or

(2) a statement of the name of each active ingredient, together with the name of each and total percentage of the inert ingredients, if any there be, in the pesticide fexcept paragraph 1 of this subsection shall apply if the preparation is classified as for restricted use or for use by permit only under section 4 (d) of this Act); and, in

addition to (1) or (2) in case the pesticide contains arsenic in any form, a statement of the percentage of total and water soluble arsenic, each calculated as elemental arsenic.

(m) The term "active ingredient" means—

(1) in the case of a pesticide other than a plant regu

lator, defoliant or desiccant, an ingredient which will pre

vent, destroy, repel, or mitigate any insects, nematodes,

rodents, fungi, weeds, or other pests;

(2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or other

wise alter the behavior of plants of the product thereof;

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(3) in the case of a defoliant, an ingredient which will cause the leaves or foilage to drop from a plant;

(4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

(n) The term "inert ingredient" means an ingredient

6 which is not an active ingredient.

7 (0) The term "antidote" means a practical treatment in

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case of poisoning and includes first-aid treatment.

(p) The term "State" means a State, the District of 10 Columbia, the Commonwealth of Puerto Rico, the Virgin 11 Islands, Guam, the Trust Territory of the Pacific Islands, 12 and American Samoa.

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(q) The term "Administrator" means the Adminis

14 trator of the Environmental Protection Agency.

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(r) The term "registrant" means a person who has 16 registered any pesticide pursuant to the provisions of this 17 Act.

18 (s) The term "label" means the written, printed, or 19 graphic matter on, or attached to, the pesticide or device 20 or the immediate container thereof, and the outside container 21 or wrapper of the retail package, if any there be, of the 22 pesticide or device.

23 (t) The term "labeling" means all labels and other 24 written, printed, or graphic matter

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(1) upon the pesticide or device or any of its containers or wrappers;

time;

(2) accompanying the pesticide or device at any

(3) 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.

(u) The term "adulterated" shall apply to any pesticide 15 if its strength or purity falls below the professed standard 16 of quality as expressed on its labeling or under which it is 17 sold, or if any substance has been substituted wholly or in

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part for the article, or if any valuable constituent of the article 19 has been wholly or in part abstracted.

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(v) The term "misbranded" shall apply

(1) 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 mis

leading in any particular or if it is contained in a pack

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