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-agricultural
uses and shall mean
and include any substance or mixture of substances labeled, designed or
intended for use in preventing, destroying, repelling, or mitigating any
insects, rodents, predatory animals, fungi, weeds, nematodes and other
forms of plant or animal life or viruses, which the secretary shall declare
to be a pest, and any substance labeled, designed or intended for use as a
defoliant, and any substance or mixture of substances, labeled, designed or
intended for use as a plant regulator, or desiccant. Viruses on or in
living man or other animals are specifically excepted and excluded from
this definition. Drugs recognized by the United States pharmacopoeia or the
national formulary, the label of which bears the descriptive abbreviations
for these compendia, U.S.P. or N.F. as the case may be, are specifically
excepted and excluded from this definition.
(b) The term "insecticide" means and includes any substance or mixture
of substances, labeled, designed or intended for use in preventing,
destroying, repelling, or mitigating any insects which may be present in
any environment whatsoever.
(c) The term "fungicide" means and includes any substance or mixture of
substances, labeled, designed, or intended for use in preventing,
destroying, repelling, or mitigating any fungi.
(d) The term "rodenticide" means and includes any substance or mixture
of substances, labeled, designed, or intended for use in preventing,
destroying, repelling, or mitigating rodents or any other vertebrate animals
which the secretary shall declare to be a pest.
(e) The term "herbicide" means and includes any substance or mixture of
substances, 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 of
substances, labeled, designed, or intended for use for defoliating plants,
preparatory to harvest for purpose of obtaining early or controlled
maturity.
(h) The term "plant regulator" means any substance or mixture of
substances, labeled, designed, or intended through physiological action, for
accelerating or retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of ornamental or crop plants or the produce
thereof, but shall not include substances to the extent that they are
intended as plant nutrients, trace elements, nutritional chemicals, plant
inoculants, and soil amendments.
(i) The term "desiccant" means any substance or mixture of substances
labeled, designed, or intended for artificially accelerating the drying of
plant tissues.
(j) The term "insect" means a small invertebrate animal generally having
the body more or less obviously segmented, for the most part belonging to
the class insecta, comprising six-legged, usually winged forms, as for
example, beetles, bugs, bees, flies, and to other allied classes 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 and includes any nonchlorophyll-bearing
thallophytes (any nonchlorophyll-bearing plants of a lower order than
mosses 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 not
wanted.
(m) The term "nematode" means invertebrate animals of the phylum
nemathelminthes and class Nemotoda, that is, unsegmented round worms with
elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting
soil, water, plants or plant parts; may also be called nemas or eelworms.
(n) The term "fumigant" means any substance or mixture of substances
which emits or liberates a gas or gases, which are used in controlling,
destroying, or mitigating insects or rodents and which are usually
dangerous to man and other animals.
(o) The term "ingredient statement" means a statement of the name and
percentage of each active ingredient, together with the total percentage of
the inert ingredients, in the agricultural chemical. If the
agricultural
chemical contains arsenic in any form, the statement shall include the
percentages of total and water soluble arsenic, each calculated as
elemental arsenic. If the
agricultural chemical is
not
highly toxic to man, and if the agricultural chemical does not contain
arsenic in any form, and if the agricultural chemical is not a fumigant,
and if a statement of the total percentage of each active ingredient is
filed with the secretary, then the term "ingredient statement" shall be
construed to mean a statement of the name of each active ingredient listed
in the order of greatest percentage of each present in the product,
together with the name and total percentage of the inert ingredients, if
any there be in the agricultural chemical.
(p) The term "active ingredient" means (1) in the case of any
agricultural chemical other than a plant regulator, defoliant, or
desiccant, an ingredient which will prevent, destroy, repel, or mitigate
insects, nematodes, fungi, rodents, 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 otherwise alter the behavior of ornamental or crop plants
or the produce 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.
(q) The term "inert ingredient" means an ingredient which is not an
active ingredient.
(r) The term "antidote" means the most practical immediate treatment in
case 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 agricultural
chemical 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 container
thereof, and the outside container or wrapper of the retail package, if any
there be.
(w) The term "labeling" means all labels and other written, printed or
graphic 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 literature
accompanying the agricultural chemical, except when accurate, nonmisleading
reference is made to current official publications of the United States
departments of agriculture, interior,
health and human services,
environmental protection agency and state and federal experimental
stations
and extension services.
(x) The term "adulterated" shall apply to any agricultural chemical:
(1) The strength or purity of which falls below the professed standard
or quality as expressed on labeling or under which it is sold;
(2) if any substance has been substituted wholly or in part for the
article;
(3) if any valuable constituent of the article has been wholly or in
part 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 of
another agricultural chemical;
(b) the labeling of which bears any reference to registration under this
act;
(c) the labeling accompanying which does not contain instructions for
use 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 caution
statement which, if complied with, is adequate to prevent injury to living
man and other vertebrate animals or does not bear a hazard or cautionary
statement sufficient to prevent harm to the environment, especially the waters
of the state;
(e) the label of which does not bear an ingredient statement on the
immediate container;
(f) the label of which does not bear an ingredient statement on the
outside container or wrapper, if there be one, through which the ingredient
statement on the immediate container cannot be clearly read;
(g) upon which there appears any word, statement, or other information
required by or under the authority of this act to appear on the labeling,
which 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; and
(h) the label of which does not bear an EPA registration number, unless
exempted from the requirement under the provisions of FIFRA.
(3) To any insecticide, fungicide, nematocide, or herbicide which when
used as directed, or when used in accordance with commonly recognized
practices:
(a) Shall be injurious to living man or other vertebrate animals, to
which it is applied, or to the person applying such agricultural chemical;
(b) shall be injurious to the environment or
to vegetation, other than weeds, to which it is
applied, or to the person applying such agricultural chemical. Physical
or physiological effects on
plants or parts
thereof shall not be deemed to be injury, when this is the purpose for
which the plant regulator, defoliant, or desiccant was applied, in
accordance with the label claims and recommendations.
(z) The term "emergency exemption" shall mean an authorization to use a
pesticide product, under emergency conditions, in a manner other than as stated
on the product label as registered under section 3 of FIFRA which must be
obtained by the secretary.
(aa) The term "restricted use" shall mean and include any pesticide, the use
of which is either registered as restricted-use by the secretary or labeled as
restricted-use by a federal agency responsible for making the classification or
designation.
(bb) The term "special local need registration" shall mean a registration
under section 24 of FIFRA authorized by the administrator of the EPA when
certain conditions are met that indicate that there is a specific and special
need within the state.
(cc) The term "suspended pesticide" shall mean any product whose registration
is suspended under the provisions of this act or of FIFRA which would
immediately 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 for
shipment, ship, deliver for shipment or release for shipment. The term does not
include the holding or application of pesticides or the dilution of pesticide
products by commercial pesticide applicators for the control of pests without
delivering 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 rodenticide
act (7 U.S.C. 136 et seq.(1996)) and regulations adopted
pursuant thereto.
History: L. 1947, ch. 10, § 2; L. 1963, ch. 9, § 1;
L. 2004, ch. 101, § 42;
L. 2009, ch. 128, § 2; July 1.
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-agricultural
uses and shall mean
and include any substance or mixture of substances labeled, designed or
intended for use in preventing, destroying, repelling, or mitigating any
insects, rodents, predatory animals, fungi, weeds, nematodes and other
forms of plant or animal life or viruses, which the secretary shall declare
to be a pest, and any substance labeled, designed or intended for use as a
defoliant, and any substance or mixture of substances, labeled, designed or
intended for use as a plant regulator, or desiccant. Viruses on or in
living man or other animals are specifically excepted and excluded from
this definition. Drugs recognized by the United States pharmacopoeia or the
national formulary, the label of which bears the descriptive abbreviations
for these compendia, U.S.P. or N.F. as the case may be, are specifically
excepted and excluded from this definition.
(b) The term "insecticide" means and includes any substance or mixture
of substances, labeled, designed or intended for use in preventing,
destroying, repelling, or mitigating any insects which may be present in
any environment whatsoever.
(c) The term "fungicide" means and includes any substance or mixture of
substances, labeled, designed, or intended for use in preventing,
destroying, repelling, or mitigating any fungi.
(d) The term "rodenticide" means and includes any substance or mixture
of substances, labeled, designed, or intended for use in preventing,
destroying, repelling, or mitigating rodents or any other vertebrate animals
which the secretary shall declare to be a pest.
(e) The term "herbicide" means and includes any substance or mixture of
substances, 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 of
substances, labeled, designed, or intended for use for defoliating plants,
preparatory to harvest for purpose of obtaining early or controlled
maturity.
(h) The term "plant regulator" means any substance or mixture of
substances, labeled, designed, or intended through physiological action, for
accelerating or retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of ornamental or crop plants or the produce
thereof, but shall not include substances to the extent that they are
intended as plant nutrients, trace elements, nutritional chemicals, plant
inoculants, and soil amendments.
(i) The term "desiccant" means any substance or mixture of substances
labeled, designed, or intended for artificially accelerating the drying of
plant tissues.
(j) The term "insect" means a small invertebrate animal generally having
the body more or less obviously segmented, for the most part belonging to
the class insecta, comprising six-legged, usually winged forms, as for
example, beetles, bugs, bees, flies, and to other allied classes 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 and includes any nonchlorophyll-bearing
thallophytes (any nonchlorophyll-bearing plants of a lower order than
mosses 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 not
wanted.
(m) The term "nematode" means invertebrate animals of the phylum
nemathelminthes and class Nemotoda, that is, unsegmented round worms with
elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting
soil, water, plants or plant parts; may also be called nemas or eelworms.
(n) The term "fumigant" means any substance or mixture of substances
which emits or liberates a gas or gases, which are used in controlling,
destroying, or mitigating insects or rodents and which are usually
dangerous to man and other animals.
(o) The term "ingredient statement" means a statement of the name and
percentage of each active ingredient, together with the total percentage of
the inert ingredients, in the agricultural chemical. If the
agricultural
chemical contains arsenic in any form, the statement shall include the
percentages of total and water soluble arsenic, each calculated as
elemental arsenic. If the
agricultural chemical is
not
highly toxic to man, and if the agricultural chemical does not contain
arsenic in any form, and if the agricultural chemical is not a fumigant,
and if a statement of the total percentage of each active ingredient is
filed with the secretary, then the term "ingredient statement" shall be
construed to mean a statement of the name of each active ingredient listed
in the order of greatest percentage of each present in the product,
together with the name and total percentage of the inert ingredients, if
any there be in the agricultural chemical.
(p) The term "active ingredient" means (1) in the case of any
agricultural chemical other than a plant regulator, defoliant, or
desiccant, an ingredient which will prevent, destroy, repel, or mitigate
insects, nematodes, fungi, rodents, 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 otherwise alter the behavior of ornamental or crop plants
or the produce 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.
(q) The term "inert ingredient" means an ingredient which is not an
active ingredient.
(r) The term "antidote" means the most practical immediate treatment in
case 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 agricultural
chemical 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 container
thereof, and the outside container or wrapper of the retail package, if any
there be.
(w) The term "labeling" means all labels and other written, printed or
graphic 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 literature
accompanying the agricultural chemical, except when accurate, nonmisleading
reference is made to current official publications of the United States
departments of agriculture, interior,
health and human services,
environmental protection agency and state and federal experimental
stations
and extension services.
(x) The term "adulterated" shall apply to any agricultural chemical:
(1) The strength or purity of which falls below the professed standard
or quality as expressed on labeling or under which it is sold;
(2) if any substance has been substituted wholly or in part for the
article;
(3) if any valuable constituent of the article has been wholly or in
part 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 of
another agricultural chemical;
(b) the labeling of which bears any reference to registration under this
act;
(c) the labeling accompanying which does not contain instructions for
use 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 caution
statement which, if complied with, is adequate to prevent injury to living
man and other vertebrate animals or does not bear a hazard or cautionary
statement sufficient to prevent harm to the environment, especially the waters
of the state;
(e) the label of which does not bear an ingredient statement on the
immediate container;
(f) the label of which does not bear an ingredient statement on the
outside container or wrapper, if there be one, through which the ingredient
statement on the immediate container cannot be clearly read;
(g) upon which there appears any word, statement, or other information
required by or under the authority of this act to appear on the labeling,
which 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; and
(h) the label of which does not bear an EPA registration number, unless
exempted from the requirement under the provisions of FIFRA.
(3) To any insecticide, fungicide, nematocide, or herbicide which when
used as directed, or when used in accordance with commonly recognized
practices:
(a) Shall be injurious to living man or other vertebrate animals, to
which it is applied, or to the person applying such agricultural chemical;
(b) shall be injurious to the environment or
to vegetation, other than weeds, to which it is
applied, or to the person applying such agricultural chemical. Physical
or physiological effects on
plants or parts
thereof shall not be deemed to be injury, when this is the purpose for
which the plant regulator, defoliant, or desiccant was applied, in
accordance with the label claims and recommendations.
(z) The term "emergency exemption" shall mean an authorization to use a
pesticide product, under emergency conditions, in a manner other than as stated
on the product label as registered under section 3 of FIFRA which must be
obtained by the secretary.
(aa) The term "restricted use" shall mean and include any pesticide, the use
of which is either registered as restricted-use by the secretary or labeled as
restricted-use by a federal agency responsible for making the classification or
designation.
(bb) The term "special local need registration" shall mean a registration
under section 24 of FIFRA authorized by the administrator of the EPA when
certain conditions are met that indicate that there is a specific and special
need within the state.
(cc) The term "suspended pesticide" shall mean any product whose registration
is suspended under the provisions of this act or of FIFRA which would
immediately 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 for
shipment, ship, deliver for shipment or release for shipment. The term does not
include the holding or application of pesticides or the dilution of pesticide
products by commercial pesticide applicators for the control of pests without
delivering 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 rodenticide
act (7 U.S.C. 136 et seq.(1996)) and regulations adopted
pursuant thereto.
History: L. 1947, ch. 10, § 2; L. 1963, ch. 9, § 1;
L. 2004, ch. 101, § 42;
L. 2009, ch. 128, § 2; July 1.
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-agricultural
uses and shall mean
and include any substance or mixture of substances labeled, designed or
intended for use in preventing, destroying, repelling, or mitigating any
insects, rodents, predatory animals, fungi, weeds, nematodes and other
forms of plant or animal life or viruses, which the secretary shall declare
to be a pest, and any substance labeled, designed or intended for use as a
defoliant, and any substance or mixture of substances, labeled, designed or
intended for use as a plant regulator, or desiccant. Viruses on or in
living man or other animals are specifically excepted and excluded from
this definition. Drugs recognized by the United States pharmacopoeia or the
national formulary, the label of which bears the descriptive abbreviations
for these compendia, U.S.P. or N.F. as the case may be, are specifically
excepted and excluded from this definition.
(b) The term "insecticide" means and includes any substance or mixture
of substances, labeled, designed or intended for use in preventing,
destroying, repelling, or mitigating any insects which may be present in
any environment whatsoever.
(c) The term "fungicide" means and includes any substance or mixture of
substances, labeled, designed, or intended for use in preventing,
destroying, repelling, or mitigating any fungi.
(d) The term "rodenticide" means and includes any substance or mixture
of substances, labeled, designed, or intended for use in preventing,
destroying, repelling, or mitigating rodents or any other vertebrate animals
which the secretary shall declare to be a pest.
(e) The term "herbicide" means and includes any substance or mixture of
substances, 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 of
substances, labeled, designed, or intended for use for defoliating plants,
preparatory to harvest for purpose of obtaining early or controlled
maturity.
(h) The term "plant regulator" means any substance or mixture of
substances, labeled, designed, or intended through physiological action, for
accelerating or retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of ornamental or crop plants or the produce
thereof, but shall not include substances to the extent that they are
intended as plant nutrients, trace elements, nutritional chemicals, plant
inoculants, and soil amendments.
(i) The term "desiccant" means any substance or mixture of substances
labeled, designed, or intended for artificially accelerating the drying of
plant tissues.
(j) The term "insect" means a small invertebrate animal generally having
the body more or less obviously segmented, for the most part belonging to
the class insecta, comprising six-legged, usually winged forms, as for
example, beetles, bugs, bees, flies, and to other allied classes 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 and includes any nonchlorophyll-bearing
thallophytes (any nonchlorophyll-bearing plants of a lower order than
mosses 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 not
wanted.
(m) The term "nematode" means invertebrate animals of the phylum
nemathelminthes and class Nemotoda, that is, unsegmented round worms with
elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting
soil, water, plants or plant parts; may also be called nemas or eelworms.
(n) The term "fumigant" means any substance or mixture of substances
which emits or liberates a gas or gases, which are used in controlling,
destroying, or mitigating insects or rodents and which are usually
dangerous to man and other animals.
(o) The term "ingredient statement" means a statement of the name and
percentage of each active ingredient, together with the total percentage of
the inert ingredients, in the agricultural chemical. If the
agricultural
chemical contains arsenic in any form, the statement shall include the
percentages of total and water soluble arsenic, each calculated as
elemental arsenic. If the
agricultural chemical is
not
highly toxic to man, and if the agricultural chemical does not contain
arsenic in any form, and if the agricultural chemical is not a fumigant,
and if a statement of the total percentage of each active ingredient is
filed with the secretary, then the term "ingredient statement" shall be
construed to mean a statement of the name of each active ingredient listed
in the order of greatest percentage of each present in the product,
together with the name and total percentage of the inert ingredients, if
any there be in the agricultural chemical.
(p) The term "active ingredient" means (1) in the case of any
agricultural chemical other than a plant regulator, defoliant, or
desiccant, an ingredient which will prevent, destroy, repel, or mitigate
insects, nematodes, fungi, rodents, 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 otherwise alter the behavior of ornamental or crop plants
or the produce 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.
(q) The term "inert ingredient" means an ingredient which is not an
active ingredient.
(r) The term "antidote" means the most practical immediate treatment in
case 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 agricultural
chemical 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 container
thereof, and the outside container or wrapper of the retail package, if any
there be.
(w) The term "labeling" means all labels and other written, printed or
graphic 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 literature
accompanying the agricultural chemical, except when accurate, nonmisleading
reference is made to current official publications of the United States
departments of agriculture, interior,
health and human services,
environmental protection agency and state and federal experimental
stations
and extension services.
(x) The term "adulterated" shall apply to any agricultural chemical:
(1) The strength or purity of which falls below the professed standard
or quality as expressed on labeling or under which it is sold;
(2) if any substance has been substituted wholly or in part for the
article;
(3) if any valuable constituent of the article has been wholly or in
part 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 of
another agricultural chemical;
(b) the labeling of which bears any reference to registration under this
act;
(c) the labeling accompanying which does not contain instructions for
use 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 caution
statement which, if complied with, is adequate to prevent injury to living
man and other vertebrate animals or does not bear a hazard or cautionary
statement sufficient to prevent harm to the environment, especially the waters
of the state;
(e) the label of which does not bear an ingredient statement on the
immediate container;
(f) the label of which does not bear an ingredient statement on the
outside container or wrapper, if there be one, through which the ingredient
statement on the immediate container cannot be clearly read;
(g) upon which there appears any word, statement, or other information
required by or under the authority of this act to appear on the labeling,
which 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; and
(h) the label of which does not bear an EPA registration number, unless
exempted from the requirement under the provisions of FIFRA.
(3) To any insecticide, fungicide, nematocide, or herbicide which when
used as directed, or when used in accordance with commonly recognized
practices:
(a) Shall be injurious to living man or other vertebrate animals, to
which it is applied, or to the person applying such agricultural chemical;
(b) shall be injurious to the environment or
to vegetation, other than weeds, to which it is
applied, or to the person applying such agricultural chemical. Physical
or physiological effects on
plants or parts
thereof shall not be deemed to be injury, when this is the purpose for
which the plant regulator, defoliant, or desiccant was applied, in
accordance with the label claims and recommendations.
(z) The term "emergency exemption" shall mean an authorization to use a
pesticide product, under emergency conditions, in a manner other than as stated
on the product label as registered under section 3 of FIFRA which must be
obtained by the secretary.
(aa) The term "restricted use" shall mean and include any pesticide, the use
of which is either registered as restricted-use by the secretary or labeled as
restricted-use by a federal agency responsible for making the classification or
designation.
(bb) The term "special local need registration" shall mean a registration
under section 24 of FIFRA authorized by the administrator of the EPA when
certain conditions are met that indicate that there is a specific and special
need within the state.
(cc) The term "suspended pesticide" shall mean any product whose registration
is suspended under the provisions of this act or of FIFRA which would
immediately 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 for
shipment, ship, deliver for shipment or release for shipment. The term does not
include the holding or application of pesticides or the dilution of pesticide
products by commercial pesticide applicators for the control of pests without
delivering 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 rodenticide
act (7 U.S.C. 136 et seq.(1996)) and regulations adopted
pursuant thereto.
History: L. 1947, ch. 10, § 2; L. 1963, ch. 9, § 1;
L. 2004, ch. 101, § 42;
L. 2009, ch. 128, § 2; July 1.