7 USC 136 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 136.

Definitions

For purposes of this subchapter—

(a)

Active ingredient

The term “active ingredient” means—

(1)

in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest;

(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 otherwise alter the behavior of ornamental or crop plants or the product thereof;

(3)

in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;

(4)

in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and

(5)

in the case of a nitrogen stabilizer, an ingredient which will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria.

(b)

Administrator

(c)

Adulterated

The term “adulterated” applies to any pesticide if—

(1)

its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold;

(2)

any substance has been substituted wholly or in part for the pesticide; or

(3)

any valuable constituent of the pesticide has been wholly or in part abstracted.

(d)

Animal

(e)

Certified applicator, etc.

(1)

Certified applicator

(2)

Private applicator

(3)

Commercial applicator

(4)

Under the direct supervision of a certified applicator

(f)

Defoliant

(g)

Desiccant

(h)

Device

(i)

District court

(j)

Environment

(k)

Fungus

(l)

Imminent hazard

(m)

Inert ingredient

(n)

Ingredient statement

The term “ingredient statement” means a statement which contains—

(1)

the name and percentage of each active ingredient, and the total percentage of all inert ingredients, in the pesticide; and

(2)

if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elementary arsenic.

(o)

Insect

(p)

Label and labeling

(1)

Label

(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, the Department of Health and Human Services, 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 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 136w(c)(3) of this title;

(C)

it is an imitation of, or is offered for sale under the name of, another pesticide;

(D)

its label does not bear the registration number assigned under section 136e of this title to each establishment in which it was produced;

(E)

any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as 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 conditions of purchase and use;

(F)

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 requirements imposed under section 136a(d) of this title, is adequate to protect health and the environment; or

(H)

in the case of a pesticide not registered in accordance with section 136a of this title and intended for export, the label does not contain, in words prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) as to render it likely to be noted by the ordinary individual under customary conditions of purchase and use, the following: “Not Registered for Use in the United States of America”.

(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 of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase, except that a pesticide is not misbranded under this subparagraph 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 package, 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 content, except 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 assigned to the pesticide under this subchapter, 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 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 poisoning by the pesticide.

(r)

Nematode

(s)

Person

(t)

Pest

(u)

Pesticide

(v)

Plant regulator

(w)

Producer and produce

(x)

Protect health and the environment

(y)

Registrant

(z)

Registration

(aa)

State

(bb)

Unreasonable adverse effects on the environment

(cc)

Weed

(dd)

Establishment

(ee)

To use any registered pesticide in a manner inconsistent with its labeling

(ff)

Outstanding data requirement

(1)

In general

The term “outstanding data requirement” means a requirement for any study, information, or data that is necessary to make a determination under section 136a(c)(5) of this title and which study, information, or data—

(A)

has not been submitted to the Administrator; or

(B)

if submitted to the Administrator, the Administrator has determined must be resubmitted because it is not valid, complete, or adequate to make a determination under section 136a(c)(5) of this title and the regulations and guidelines issued under such section.

(2)

Factors

(gg)

To distribute or sell

(hh)

Nitrogen stabilizer

The term “nitrogen stabilizer” means any substance or mixture of substances intended for preventing or hindering the process of nitrification, denitrification, ammonia volatilization, or urease production through action upon soil bacteria. Such term shall not include—

(1)

dicyandiamide;

(2)

ammonium thiosulfate; or

(3)

any substance or mixture of substances.—

 So in original. Period probably should not appear.

(A)

that was not registered pursuant to section 136a of this title prior to January 1, 1992; and

(B)

that was in commercial agronomic use prior to January 1, 1992, with respect to which after January 1, 1992, the distributor or seller of the substance or mixture has made no specific claim of prevention or hindering of the process of nitrification, denitrification, ammonia volatilization 3

 So in original. Probably should be followed by “, or”.

urease production regardless of the actual use or purpose for, or future use or purpose for, the substance or mixture.

Statements made in materials required to be submitted to any State legislative or regulatory authority, or required by such authority to be included in the labeling or other literature accompanying any such substance or mixture shall not be deemed a specific claim within the meaning of this subsection.

(jj)

 So in original. No subsec. (ii) was enacted.

Maintenance applicator

(kk)

Service technician

(ll)

Minor use

The term “minor use” means the use of a pesticide on an animal, on a commercial agricultural crop or site, or for the protection of public health where—

(1)

the total United States acreage for the crop is less than 300,000 acres, as determined by the Secretary of Agriculture; or

(2)

the Administrator, in consultation with the Secretary of Agriculture, determines that, based on information provided by an applicant for registration or a registrant, the use does not provide sufficient economic incentive to support the initial registration or continuing registration of a pesticide for such use and—

(A)

there are insufficient efficacious alternative registered pesticides available for the use;

(B)

the alternatives to the pesticide use pose greater risks to the environment or human health;

(C)

the minor use pesticide plays or will play a significant part in managing pest resistance; or

(D)

the minor use pesticide plays or will play a significant part in an integrated pest management program.

The status as a minor use under this subsection shall continue as long as the Administrator has not determined that, based on existing data, such use may cause an unreasonable adverse effect on the environment and the use otherwise qualifies for such status.

(mm)

Antimicrobial pesticide

(1)

In general

The term “antimicrobial pesticide” means a pesticide that—

(A)

is intended to—

(i)

disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or

(ii)

protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and

(B)

in the intended use is exempt from, or otherwise not subject to, a tolerance under section 346a of title 21 or a food additive regulation under section 348 of title 21.

(2)

Excluded products

The term “antimicrobial pesticide” does not include—

(A)

a wood preservative or antifouling paint product for which a claim of pesticidal activity other than or in addition to an activity described in paragraph (1) is made;

(B)

an agricultural fungicide product; or

(C)

an aquatic herbicide product.

(3)

Included products

(nn)

Public health pesticide

(oo)

Vector

(June 25, 1947, ch. 125, § 2, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 975; amended Pub. L. 93–205, § 13(f), Dec. 28, 1973, 87 Stat. 903; Pub. L. 94–140, § 9, Nov. 28, 1975, 89 Stat. 754; Pub. L. 95–396, § 1, Sept. 30, 1978, 92 Stat. 819; Pub. L. 100–532, title I, § 101, title VI, § 601(a), title VIII, § 801(a), Oct. 25, 1988, 102 Stat. 2655, 2677, 2679; Pub. L. 102–237, title X, § 1006(a)(1), (2), (b)(3)(A), (B), Dec. 13, 1991, 105 Stat. 1894, 1895; Pub. L. 104–170, title I, §§ 105(a), 120, title II, §§ 210(a), 221, 230, title III, § 304, Aug. 3, 1996, 110 Stat. 1490, 1492, 1493, 1502, 1508, 1512.)

cite as: 7 USC 136