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1

2

3

4

5

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paragraph (ii) of paragraph (2) of this subsection; and

“(3) “(4) if the pesticide contains arsenic in any form, a statement of the percentages of total water soluble arsenic, calculated as elemental 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 belong8 ing to the class insecta, comprising six-legged, usually winged 9 forms, as for example, beetles, bugs, bees, flies, and to other 10 allied classes of arthropods whose members are wingless and 11 usually have more than six legs, as for example, spiders, 12 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,

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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 or device subject to this Act 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 container or wrapping which does not conform to the standards established by the Administrator pursuant to section 25 (c) (3);

"(C) it is an imitation of, or is offered for sale under the name of, another pesticide or device;

"(D) its labeling does not bear the registration number assigned under section 7 to each establishment in which it was produced;

"(E) any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently

placed thereon with such conspicuousness (as com

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pared 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 conditions of

purchase and use;

"(F) if 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 3 (d) of this Act, is are adequate to protect health and the environment; or

"(G) if the label does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed under section 3 (d) of this Act, is adequate to protect health and the environment.

"(2) A pesticide is misbranded if

"(A) 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, except

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that a pesticide is not misbranded under this sub

paragraph if:

"(i) the size or form of the immediate container, 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 prominently on another part of the immediate container, or outside container or wrapper, permitted 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 pack

age, if there be one, through which the required 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

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content: Provided, That the Administrator

may permit reasonable variations; and

"(iv) when required by regulation of the Administrator to effectuate the purposes of

this Act, the registration number assigned to the pesticide under this Act, and the use classification; and

"(D) the pesticide contains any substance or substances in quantities highly toxic to man, unless the label shall bear, in addition to any other matter

required by this Act

"(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 poisoning by

the pesticide.

"(r) NEMATODE.-The term 'nematode' means inver

20 tebrate animals of the phylum nemathelminthes and class 21 nematoda, that is, unsegmented round worms with elongated, 22 fusiform, or saclike bodies covered with cuticle, and inhab

23 iting soil, water, plants, or plant parts; may also be called

nemas or eelworms.

"(s) PERSON.-The term 'person' means any individual,