281.220. Definitions.
Definitions.
281.220. As used in sections 281.210 to 281.310, unless thecontext clearly requires otherwise, the following terms mean:
(1) "Active ingredient", an ingredient which will prevent,destroy, repel, or mitigate insects, fungi, rodents, weeds, orother pests;
(2) "Adulterated", applies to any pesticide if:
(a) Its strength or purity falls below the professedstandard of quality as expressed on the labeling under which itis sold;
(b) Any substance has been substituted wholly or in partfor the pesticide; or
(c) Any valuable constituent of the pesticide has beenwholly or partially abstracted;
(3) "Animal", all vertebrate and invertebrate species,including but not limited to man and other mammals, birds, fish,and shellfish;
(4) "Antidote", the most practical immediate treatment tocounteract the effects of poisoning, including first aidtreatment;
(5) "Bacteria", any of a class (Schizomycetes) ofmicroscopic plants having round, rodlike, spiral, or filamentoussingle-celled or noncellular bodies often aggregated intocolonies or motile by means of flagella, living in soil, water,organic matter, or the bodies of plants and animals, and beingautotrophic, saprophytic, or parasitic in nutrition;
(6) "Bactericide", any substance or mixture of substancesintended for preventing, destroying, repelling, or mitigating anybacteria;
(7) "Beneficial insects", those insects which, during theirlife cycle, are effective pollinators of plants, are parasites,parasitoids, or predators of pests, or are otherwise beneficial;
(8) "Defoliant", any substance or mixture of substancesintended for causing the leaves or foliage to drop from a plant;
(9) "Department" or "department of agriculture" means thestate department of agriculture, and when by this law the saiddepartment of agriculture is charged to perform a duty, it shallbe understood to authorize the performance of such duty by thedirector of the department of agriculture or his duly authorizedpersonnel subject to his instructions;
(10) "Desiccant", any substance or mixture of substancesintended for artificially accelerating the drying of planttissue;
(11) "Device", any instrument or contrivance, other than afirearm, which is intended for trapping, destroying, repelling,or mitigating any pest or any other form of plant or animal life,other than man and other than bacteria, virus, or othermicroorganism on or in living men or other living animals, butnot including equipment used for the application of pesticideswhen sold separately therefrom;
(12) "Director", the director of the department ofagriculture of the state of Missouri;
(13) "Distribute", to sell, offer for sale, hold for sale,deliver for transportation in intrastate commerce, or transportin intrastate commerce;
(14) "Environment" includes water, air, land, and allplants, men and other animals living therein, and theinterrelationships which exist among these;
(15) "Fungicide", any substance or mixture of substancesintended for preventing, destroying, repelling, or mitigating anyfungi;
(16) "Fungus", any nonchlorophyll-bearing thallophyte, thatis, any nonchlorophyll-bearing plant of a lower order than mossesand liverworts, as for example, rust, smut, mildew, mold, yeast,and bacteria, except those on or in living men or other livinganimals, and except those on or in processed food, beverages, orpharmaceuticals;
(17) "General use pesticide", any pesticide, when appliedin accordance with its directions for use, warnings and cautionsand for the uses for which it is registered, or for one or moreof such uses, or in accordance with a widespread and commonlyrecognized practice, will not generally cause unreasonableadverse effects on the environment;
(18) "Herbicide", any substance or mixture of substancesintended for preventing, destroying, repelling, or mitigating anyweed;
(19) "Inert ingredient", an ingredient which is not anactive ingredient;
(20) "Ingredient statement", a statement which contains:
(a) The name and percentage of each active ingredient, andthe total percentage of all inert ingredients, in the pesticide;and
(b) If the pesticide contains arsenic in any form, astatement of the percentages of total and water soluble arsenic,calculated as elementary arsenic;
(21) "Insect", any of the numerous small invertebrateanimals generally having the body more or less obviouslysegmented, for the most part belonging to the class Insecta,comprising six-legged, usually winged forms, as for example,beetles, bugs, bees, and flies, and to other allied classes ofarthropods whose members are wingless and usually have more thansix legs, as for example spiders, mites, ticks, centipedes, andwood lice;
(22) "Insecticide", any substance or mixture of substancesintended for preventing, destroying, repelling, or mitigating anyinsect;
(23) "Label and labeling":
(a) "Label", the written, printed, or graphic matter on, orattached to, pesticide containers, devices, or wrappers;
(b) "Labeling", 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 literatureaccompanying the pesticide or device, except to current officialpublications of the United States Environmental ProtectionAgency, the United States Departments of Agriculture andInterior, the United States Department of Health and HumanServices, state experiment stations, state agricultural colleges,and other similar federal or state institutions or agenciesauthorized by law to conduct research in the field of pesticides;
(24) "Misbranded", a pesticide is misbranded if:
(a) Its labeling bears any statement, design, or graphicrepresentation relative thereto or to its ingredients which isfalse or misleading in any particular;
(b) It is contained in a package or other container orwrapping which does not conform to applicable federal or statestandards;
(c) It is an imitation of, or is offered for sale under thename of, another pesticide;
(d) Its label does not bear the federal registration numberassigned to the establishment in which it was produced;
(e) Any word, statement, or other information required byor under authority of sections 281.210 to 281.310 or any federallaw to appear on the label or labeling is not prominently placedthereon with such conspicuousness, as compared with other words,statements, designs, or graphic matter in the labeling, and insuch terms as to render it likely to be read and understood bythe ordinary individual under customary conditions of purchaseand use;
(f) The labeling accompanying it does not containdirections for use which are necessary for effecting the purposefor which the product is intended and if complied with, togetherwith any requirements imposed under section 281.240, are adequateto protect the health of the applicator, other humans and theenvironment;
(g) The label does not contain a warning or cautionstatement which may be necessary and if complied with, togetherwith any requirements imposed under federal law, is adequate toprotect the health of the applicator, other humans and theenvironment;
(h) Its label does not bear an ingredient statement on thatpart of the immediate container, and on the outside container orwrapper of the retail package, if there be one, through which theingredient statement on the immediate container can** be clearlyread, which is presented or displayed under customary conditionsof purchase, except that a pesticide is not misbranded under thisparagraph if:
a. The size or form of the immediate container, or theoutside container or wrapper of the retail package, makes itimpracticable to place the ingredient statement on the part whichis presented or displayed under customary conditions of purchase;and
b. The ingredient statement appears prominently on anotherpart of the immediate container, or outside container or wrapper,as permitted by the director;
(i) The labeling does not contain a statement of the useclassification under which the product is registered, if such aclassification has been made by the director or the federalgovernment;
(j) There is not affixed to its container, and to theoutside container or wrapper of the retail package, if there beone, through which the required information on the immediatecontainer can be clearly read, a label bearing:
a. The name and address of the producer, registrant, orperson for whom produced;
b. The name, brand, or trademark under which the pesticideis sold;
c. The net weight or measure of the content; provided,that, the director may permit reasonable variations; and
d. The federal registration number assigned to thepesticide and any other federal or state identification orclassification that might be required by rule or regulation;
(k) The pesticide contains any substance or substances inquantities highly toxic to man, unless the label shall bear, inaddition to any other matter required by sections 281.210 to281.310:
a. The skull and crossbones;
b. The word "poison" prominently in red on a background ofdistinctly contrasting color; and
c. A statement of a practical treatment, first aid orotherwise, in case of poisoning by the pesticide;
(25) "Nematicide", any substance or mixture of substancesintended for preventing, destroying, repelling or mitigating anynematodes;
(26) "Nematode", invertebrate animals of the phylumNemathelminthes and class Nematoda, that is, unsegmented roundworms with elongated, fusiform, or sac-like bodies covered withcuticle, and inhabiting soil, water, plants, or plant parts;
(27) "Person", any individual, partnership, association,fiduciary, corporation, or any organized group of persons whetherincorporated or not;
(28) "Pest":
(a) Any insect, snail, slug, rodent, nematode, fungus,weed; or
(b) Any other form of terrestrial or aquatic plant oranimal life or virus, bacteria, or other microorganism, exceptviruses, bacteria, or other microorganisms on or in living men orother living animals, which is normally considered to be a pest;
(29) "Pesticide":
(a) Any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any pest; or
(b) Any substance or mixture of substances intended for useas a plant regulator, defoliant, or desiccant;
(30) "Plant regulator", any substance or mixture ofsubstances intended, through physiological action, to accelerateor retard the rate of growth or rate of maturation, or tootherwise alter the behavior of plants or the products thereof,but shall not include substances to the extent that they areintended as plant nutrients, trace elements, nutritionalchemicals, plant inoculants, or soil amendments. The term "plantregulator" does not include surfactants or any of those nutrientmixtures or soil amendments which are commonly known asvitamin-hormone horticultural products, intended for improvement,maintenance, survival, health and propagation of plants, andwhich are not for pest destruction and are nontoxic, nonpoisonousin the undiluted package concentration;
(31) "Producer and produce":
(a) "Produce", to manufacture, formulate, prepare,compound, propagate, or process any pesticide or device;
(b) "Producer", the person who manufactures, formulates,prepares, compounds, propagates, or processes any pesticide ordevice;
(32) "Registrant, register, and registration":
(a) "Register", to record pesticides with the director ofagriculture pursuant to the provisions of sections 281.210 to281.310;
(b) "Registrant", a person who has registered any pesticidepursuant to the provisions of sections 281.210 to 281.310;
(c) "Registration", the process of registering pesticidespursuant to the provisions of sections 281.210 to 281.310;
(33) "Restricted use pesticide", any pesticide, whenapplied in accordance with its directions for use, warnings andcautions and for the uses for which it is registered, or for oneor more of such uses, or in accordance with a widespread andcommonly recognized practice, the director subsequent to ahearing, or the federal government, determines may cause, withoutadditional regulatory restrictions, unreasonable adverse effectson the environment, including injury to the applicator;
(34) "Rodent", any of an order Rodentia of relatively smallgnawing mammals having a single pair of upper incisors with achisel-shaped edge;
(35) "Rodenticide", any substance or mixture of substancesintended for preventing, destroying, repelling, or mitigating anyrodents;
(36) "Sale", selling or offering for sale any pesticides;
(37) "Snails or slugs" includes all harmful mollusks;
(38) "Unreasonable adverse effects on the environment", anyunreasonable risk to man or the environment, taking into accountthe economic, social, and environmental costs and benefits of theuse of any pesticide; and
(39) "Weed", any plant which grows where not wanted.
(L. 1955 p. 26 § 2, A.L. 1982 H.B. 1514 § 263.280)*Transferred 1992; formerly 263.270
**Word "cannot" appears in original rolls.