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7 U.S. Code § 136. Definitions
For purposes of this subchapter—(a) Active ingredientThe 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
The term “Administrator” means the Administrator of the Environmental Protection Agency.
(c) AdulteratedThe 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
The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish.
(e) Certified applicator, etc.
(1) Certified applicator
The term “certified applicator” means any individual who is certified under section 136i of this title as authorized to use or supervise the use of any pesticide which is classified for restricted use. Any applicator who holds or applies registered pesticides, or uses dilutions of registered pesticides consistent with subsection (ee), only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served is not deemed to be a seller or distributor of pesticides under this subchapter.
(2) Private applicator
The term “private applicator” means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator’s employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.
(3) Commercial applicator
The term “commercial applicator” means an applicator (whether or not the applicator is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (2).
(4) Under the direct supervision of a certified applicator
Unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.