2-2202.   Definitions.For the purpose of this act: (a) The terms "agricultural chemical" and"pesticide"shall be construed as synonymous terms,shall apply to substances used for both agricultural and non-agriculturaluses and shall meanand include any substance or mixture of substances labeled, designed orintended for use in preventing, destroying, repelling, or mitigating anyinsects, rodents, predatory animals, fungi, weeds, nematodes and otherforms of plant or animal life or viruses, which the secretary shall declareto be a pest, and any substance labeled, designed or intended for use as adefoliant, and any substance or mixture of substances, labeled, designed orintended for use as a plant regulator, or desiccant. Viruses on or inliving man or other animals are specifically excepted and excluded fromthis definition. Drugs recognized by the United States pharmacopoeia or thenational formulary, the label of which bears the descriptive abbreviationsfor these compendia, U.S.P. or N.F. as the case may be, are specificallyexcepted and excluded from this definition.

      (b)   The term "insecticide" means and includes any substance or mixtureof substances, labeled, designed or intended for use in preventing,destroying, repelling, or mitigating any insects which may be present inany environment whatsoever.

      (c)   The term "fungicide" means and includes any substance or mixture ofsubstances, labeled, designed, or intended for use in preventing,destroying, repelling, or mitigating any fungi.

      (d)   The term "rodenticide" means and includes any substance or mixtureof substances, labeled, designed, or intended for use in preventing,destroying, repelling, or mitigating rodents or any other vertebrate animalswhich the secretary shall declare to be a pest.

      (e)   The term "herbicide" means and includes any substance or mixture ofsubstances, labeled, designed, or intended for use in preventing,destroying, repelling or mitigating any weed.

      (f)   The term "nematocide" means any substance or mixture of substances,labeled, designed, or intended for use in preventing, destroying,repelling, or mitigating any nematodes.

      (g)   The term "defoliant" means and includes any substance or mixture ofsubstances, labeled, designed, or intended for use for defoliating plants,preparatory to harvest for purpose of obtaining early or controlledmaturity.

      (h)   The term "plant regulator" means any substance or mixture ofsubstances, labeled, designed, or intended through physiological action, foraccelerating or retarding the rate of growth or rate of maturation, or forotherwise altering the behavior of ornamental or crop plants or the producethereof, but shall not include substances to the extent that they areintended as plant nutrients, trace elements, nutritional chemicals, plantinoculants, and soil amendments.

      (i)   The term "desiccant" means any substance or mixture of substanceslabeled, designed, or intended for artificially accelerating the drying ofplant tissues.

      (j)   The term "insect" means a small invertebrate animal generally havingthe body more or less obviously segmented, for the most part belonging tothe class insecta, comprising six-legged, usually winged forms, as forexample, beetles, bugs, bees, flies, and to other allied classes ofarthropods 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 and includes any nonchlorophyll-bearingthallophytes (any nonchlorophyll-bearing plants of a lower order thanmosses and liverworts) and includes rusts, smuts, mildews, molds, yeasts,and bacteria, except those on or in living man or other animals.

      (l)   The term "weed" means and includes any plant which grows where notwanted.

      (m)   The term "nematode" means invertebrate animals of the phylumnemathelminthes and class Nemotoda, that is, unsegmented round worms withelongated, fusiform, or saclike bodies covered with cuticle, and inhabitingsoil, water, plants or plant parts; may also be called nemas or eelworms.

      (n)   The term "fumigant" means any substance or mixture of substanceswhich emits or liberates a gas or gases, which are used in controlling,destroying, or mitigating insects or rodents and which are usuallydangerous to man and other animals.

      (o)   The term "ingredient statement" means a statement of the name andpercentage of each active ingredient, together with the total percentage ofthe inert ingredients, in the agricultural chemical. If theagriculturalchemical contains arsenic in any form, the statement shall include thepercentages of total and water soluble arsenic, each calculated aselemental arsenic. If theagricultural chemical isnothighly toxic to man, and if the agricultural chemical does not containarsenic in any form, and if the agricultural chemical is not a fumigant,and if a statement of the total percentage of each active ingredient isfiled with the secretary, then the term "ingredient statement" shall beconstrued to mean a statement of the name of each active ingredient listedin the order of greatest percentage of each present in the product,together with the name and total percentage of the inert ingredients, ifany there be in the agricultural chemical.

      (p)   The term "active ingredient" means (1) in the case of anyagricultural chemical other than a plant regulator, defoliant, ordesiccant, an ingredient which will prevent, destroy, repel, or mitigateinsects, nematodes, fungi, rodents, weeds or other pests;

      (2)   in the case of a plant regulator an ingredient which, throughphysiological action, will accelerate or retard the rate of growth or rateof maturation or otherwise alter the behavior of ornamental or crop plantsor the produce thereof;

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

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

      (q)   The term "inert ingredient" means an ingredient which is not anactive ingredient.

      (r)   The term "antidote" means the most practical immediate treatment incase of poisoning and includes first aid treatment.

      (s)   The term "person" means any individual, partnership, association,corporation, or organized group of persons whether incorporated or not.

      (t)   The term "secretary" means the secretary of agriculture.

      (u)   The term "registrant" means the person registering any agriculturalchemical pursuant to the provisions of this act.

      (v)   The term "label" means the written, printed, or graphic matter on,or attached to, the agricultural chemical or the immediate containerthereof, and the outside container or wrapper of the retail package, if anythere be.

      (w)   The term "labeling" means all labels and other written, printed orgraphic matter:

      (1)   Upon the agricultural chemical or any of its containers or wrappers;

      (2)   accompanying the agricultural chemical at any time;

      (3)   to which reference is made on the label or in literatureaccompanying the agricultural chemical, except when accurate, nonmisleadingreference is made to current official publications of the United Statesdepartments of agriculture, interior,health and human services,environmental protection agency and state and federal experimentalstationsand extension services.

      (x)   The term "adulterated" shall apply to any agricultural chemical:

      (1)   The strength or purity of which falls below the professed standardor quality as expressed on labeling or under which it is sold;

      (2)   if any substance has been substituted wholly or in part for thearticle;

      (3)   if any valuable constituent of the article has been wholly or inpart abstracted.

      (y)   The term "misbranded" shall apply:

      (1)   To any agricultural chemical if its labeling bears any statement,design, or graphic representation relative thereto, or to its ingredients,which is false or misleading in any particular;

      (2)   to any agricultural chemical:

      (a)   Which is an imitation of or is offered for sale under the name ofanother agricultural chemical;

      (b)   the labeling of which bears any reference to registration under thisact;

      (c)   the labeling accompanying which does not contain instructions foruse which are necessary for effective results; and which, if complied with,are adequate for the protection of the public and the environment;

      (d)   if the label of which does not contain a warning or cautionstatement which, if complied with, is adequate to prevent injury to livingman and other vertebrate animals or does not bear a hazard or cautionarystatement sufficient to prevent harm to the environment, especially the watersof the state;

      (e)   the label of which does not bear an ingredient statement on theimmediate container;

      (f)   the label of which does not bear an ingredient statement on theoutside container or wrapper, if there be one, through which the ingredientstatement on the immediate container cannot be clearly read;

      (g)   upon which there appears any word, statement, or other informationrequired by or under the authority of this act to appear on the labeling,which is not prominently placed thereon with such conspicuousness (ascompared with other words, statements, designs, or graphic matter in thelabeling) and in such terms as to render it likely to be read andunderstood by the ordinary individual under customary conditions ofpurchase and use; and

      (h)   the label of which does not bear an EPA registration number, unlessexempted from the requirement under the provisions of FIFRA.

      (3)   To any insecticide, fungicide, nematocide, or herbicide which whenused as directed, or when used in accordance with commonly recognizedpractices:

      (a)   Shall be injurious to living man or other vertebrate animals, towhich it is applied, or to the person applying such agricultural chemical;

      (b)   shall be injurious to the environment orto vegetation, other than weeds, to which it isapplied, or to the person applying such agricultural chemical. Physicalor physiological effects onplants or partsthereof shall not be deemed to be injury, when this is the purpose forwhich the plant regulator, defoliant, or desiccant was applied, inaccordance with the label claims and recommendations.

      (z)   The term "emergency exemption" shall mean an authorization to use apesticide product, under emergency conditions, in a manner other than as statedon the product label as registered under section 3 of FIFRA which must beobtained by the secretary.

      (aa)   The term "restricted use" shall mean and include any pesticide, the useof which is either registered as restricted-use by the secretary or labeled asrestricted-use by a federal agency responsible for making the classification ordesignation.

      (bb)   The term "special local need registration" shall mean a registrationunder section 24 of FIFRA authorized by the administrator of the EPA whencertain conditions are met that indicate that there is a specific and specialneed within the state.

      (cc)   The term "suspended pesticide" shall mean any product whose registrationis suspended under the provisions of this act or of FIFRA which wouldimmediately stop the distribution or use, or both, of the product.

      (dd)   The term "distribute" shall mean to sell, offer for sale,hold for sale, hold forshipment, ship, deliver for shipment or release for shipment. The term does notinclude the holding or application of pesticides or the dilution of pesticideproducts by commercial pesticide applicators for the control of pests withoutdelivering any unapplied pesticide to any customer of such applicators.

      (ee)   "EPA" shall mean the United States environmental protection agency.

      (ff)   "FIFRA" shall mean the federal insecticide, fungicide and rodenticideact (7 U.S.C. 136 et seq.(1996)) and regulations adoptedpursuant thereto.

      History:   L. 1947, ch. 10, § 2; L. 1963, ch. 9, § 1;L. 2004, ch. 101, § 42;L. 2009, ch. 128, § 2; July 1.