Part 150 General
Part 152 Pesticide Registration and Classification Procedures
Part 153 Registration Policies and Interpretations
Part 154 Special Review Procedures
Part 155 Registration Standards and Registration Review
Part 156 Labeling Requirements for Pesticides and Devices
Part 157 Packaging Requirements for Pesticides and Devices
Part 158 Data Requirements for Pesticides
Part 159 Statements of Policies and Interpretations
Part 160 Good Laboratory Practice Standards
Part 162 State Registration of Pesticide Products
Part 164 Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act, Arising From Refusals to Register, Cancellations of Registrations, Changes of Classifications, Suspensions of Registrations and Other Hearings Called Purs
Part 165 Pesticide Management and Disposal
Part 166 Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions
Part 167 Registration of Pesticide and Active Ingredient Producing Establishments, Submission of Pesticide Reports
Part 168 Statements of Enforcement Policies and Interpretations
Part 169 Books and Records of Pesticide Production and Distribution
Part 170 Worker Protection Standard
Part 171 Certification of Pesticide Applicators
Part 172 Experimental Use Permits
Part 173 Procedures Governing the Rescission of State Primary Enforcement Responsibility for Pesticide Use Violations
Part 174 Procedures and Requirements for Plant-Incorporated Protectants
Part 176 Time-Limited Tolerances for Emergency Exemptions
Part 178 Objections and Requests for Hearings
Part 179 Formal Evidentiary Public Hearing
Part 180 Tolerances and Exemptions for Pesticide Chemical Residues in Food

Terms Used In CFR > Title 40 > Chapter I > Subchapter E

  • Act: means the Federal Insecticide, Fungicide, and Rodenticide Act. See 40 CFR 165.3
  • Act: means the Fair Labor Standards Act of 1938, as amended (52 Stat. See 29 CFR 570.1
  • Act: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. See 40 CFR 166.3
  • Act: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U. See 40 CFR 167.3
  • Act: means the Nuclear Waste Policy Act of 1982, as amended. See 10 CFR 960.2
  • Act: means the Federal Election Campaign Act of 1971, as amended by the Federal Election Campaign Act Amendments of 1974, 1976, and 1979, and unless specifically excluded, includes chapters 95 and 96 of the Internal Revenue Code of 1954 relating to public financing of Federal elections. See 11 CFR 4.1
  • Act: means the Federal Insecticide, Fungicide and Rodenticide Act, as amended. See 40 CFR 172.1
  • Active ingredient: means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for the production of such a pesticidal substance. See 40 CFR 174.3
  • Active ingredient: means any substance (or group of structurally similar substances if specified by the Agency) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant regulator, desiccant, or defoliant within the meaning of FIFRA sec. See 40 CFR 152.3
  • Administrator: means the Administrator of the Environmental Protection Agency or any officer or employee thereof to whom authority has been delegated to act for the Administrator. See 40 CFR 154.3
  • Administrator: means the Administrator of the Wage and Hour Division or his authorized representative. See 29 CFR 570.1
  • Administrator: means the Administrator of the United States Environmental Protection Agency or his/her delegate. See 40 CFR 174.3
  • Administrator: The Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury, Washington, DC. See 27 CFR 24.10
  • Administrator: means the Administrator of the United States Environmental Protection Agency or his delegate. See 40 CFR 152.3
  • Affected area: means either the area of socioeconomic impact or the area of environmental impact, each of which will vary in size among potential repository sites. See 10 CFR 960.2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the U. See 40 CFR 171.3
  • Agency: means the United States Environmental Protection Agency (EPA), unless otherwise specified. See 40 CFR 152.3
  • Agricultural employer: means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of or is responsible for the management or condition of an agricultural establishment that uses such workers. See 40 CFR 170.3
  • Agricultural establishment: means any farm, forest, nursery, or greenhouse. See 40 CFR 170.3
  • Agricultural pesticide: means any pesticide product labeled for use in or on a farm, forest, nursery, or greenhouse. See 40 CFR 165.3
  • Agricultural plant: means any plant grown or maintained for commercial or research purposes and includes, but is not limited to, food, feed, and fiber plants. See 40 CFR 170.3
  • Alcohol: Spirits having a proof of 190° or more when withdrawn from bond, including all subsequent dilutions and mixtures thereof, from whatever source or by whatever process produced. See 27 CFR 22.11
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person who applies for a registration or amended registration under FIFRA sec. See 40 CFR 152.3
  • Applicant: means any person who applies for an experimental use permit pursuant to section 5 of the Act. See 40 CFR 172.1
  • Application: means the act of making a finding of compliance or noncompliance with the qualifying or disqualifying conditions specified in the guidelines of subparts C and D of this part. See 10 CFR 960.2
  • Application exclusion zone: means the area surrounding the application equipment that must be free of all persons other than appropriately trained and equipped handlers during pesticide applications. See 40 CFR 170.305
  • Applicator: means any individual using a restricted use pesticide. See 40 CFR 171.3
  • applying: means the dispersal of a pesticide on, in, at, or directed toward a target site. See 40 CFR 171.3
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Auxiliary aids: means services, including attendant services, or devices that enable handicapped persons, including those with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the Commission. See 11 CFR 6.103
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Batch: means a specific quantity or lot of a test, control, or reference substance that has been characterized according to §160. See 40 CFR 160.3
  • batch: means a quantity of a pesticide product or active ingredient used in producing a pesticide made in one operation or lot or if made in a continuous or semi-continuous process or cycle, the quantity produced during an interval of time to be specified by the producer. See 40 CFR 169.1
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Biological control agent: means any living organism applied to or introduced into the environment that is intended to function as a pesticide against another organism declared to be a pest by the Administrator. See 40 CFR 152.3
  • Bridging crosses between plants: means the utilization of an intermediate plant in a cross to produce a viable zygote between the intermediate plant and a first plant, in order to cross the plant resulting from that zygote with a third plant that would not otherwise be able to produce viable zygotes from the fusion of its gametes with those of the first plant. See 40 CFR 174.3
  • Calibration: means measurement of dispersal or output of application equipment and adjustment of such equipment to establish a specific rate of dispersal and, if applicable, droplet or particle size of a pesticide, and/or equalized dispersal pattern. See 40 CFR 171.3
  • Carrier: means any material, including but not limited to feed, water, soil, nutrient media, with which the test substance is combined for administration to a test system. See 40 CFR 160.3
  • Case: Two or more bottles, or one or more containers larger than four liters, enclosed in a box or fastened together by some other method. See 27 CFR 24.10
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Cell fusion: means the fusion in vitro of two or more cells or protoplasts. See 40 CFR 174.3
  • Certification: means a certifying authority's issuance, pursuant to this part, of authorization to a person to use or supervise the use of restricted use pesticides. See 40 CFR 171.3
  • Certifying authority: means the Agency, or a State, Tribal, or Federal agency that issues restricted use pesticide applicator certifications pursuant to a certification plan approved by the Agency under this part. See 40 CFR 171.3
  • Chambers: A judge's office.
  • Chemigation: means the application of pesticides through irrigation systems. See 40 CFR 170.3
  • Chief FOIA Officer: means the person designated under §9405. See 11 CFR 9405.2
  • Child-resistant packaging: means packaging that is designed and constructed to be significantly difficult for children under 5 years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time, and that is not difficult for normal adults to use properly. See 40 CFR 157.21
  • Closed system: means an engineering control used to protect handlers from pesticide exposure hazards when mixing and loading pesticides. See 40 CFR 170.305
  • Closure: means final backfilling of the remaining open operational areas of the underground facility and boreholes after the termination of waste emplacement, culminating in the sealing of shafts. See 10 CFR 960.2
  • Commercial pesticide handler employer: means any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment. See 40 CFR 170.305
  • Commercial pesticide handling establishment: means any establishment, other than an agricultural establishment, that:

    (1) Employs any person, including a self-employed person, to apply on an agricultural establishment, pesticides used in the production of agricultural plants. See 40 CFR 170.3

  • Commercial use: means a purpose that furthers the commercial, trade, or profit interests of the requestor or the person on whose behalf the request is made. See 11 CFR 4.1
  • Commercial use request: means a FOIA request from or on behalf of a person who seeks information for a use or purpose that furthers his/her commercial, trade, or profit interests, which can include furthering those interests through litigation. See 11 CFR 9405.2
  • Commission: means the Federal Election Commission, established by the Federal Election Campaign Act of 1971, as amended. See 11 CFR 4.1
  • Commission: means the Federal Election Commission. See 11 CFR 6.103
  • Commission: means the Federal Election Commission. See 11 CFR 7.2
  • Commission: means the U. See 11 CFR 9405.2
  • Commission: means the U. See 11 CFR 9407.2
  • Commission: means the U. See 11 CFR 9409.3
  • Commission: means the U. See 11 CFR 9410.2
  • Commission: means the U. See 11 CFR 9420.2
  • Commissioner: means a member of the Federal Election Commission, in accordance with 52 U. See 11 CFR 7.2
  • Commissioner: means an individual appointed to the Commission by the President and confirmed by the Senate under section 203 of the Help America Vote Act of 2002, 42 U. See 11 CFR 9407.2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compatibility: means the extent to which a pesticide can be combined with other chemicals without causing undesirable results. See 40 CFR 171.3
  • Competency: means having the practical knowledge, skills, experience, and judgment necessary to perform functions associated with restricted use pesticide application without causing unreasonable adverse effects, where the nature and degree of competency required relate directly to the nature of the activity and the degree of independent responsibility. See 40 CFR 171.3
  • Complete complaint: means a written statement that contains the complainant's name and address and describes the Commission's actions in sufficient detail to inform the Commission of the nature and date of the alleged violation of section 504. See 11 CFR 6.103
  • Complete complaint: means a written statement that contains the complainant's name and address and describes the complaintant's name and address and describes the Commission's actions in sufficient detail to inform the Commission of the nature and date of the alleged violation of section 504, as defined in this part. See 11 CFR 9420.2
  • Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
  • Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.
  • Confidential business information: means trade secrets or confidential commercial or financial information under FIFRA section 10(b) or 5 U. See 40 CFR 154.3
  • Congressional Record: The substantially verbatim account of daily proceedings in Congress. It is printed for each day Congress is in session. At the back of each daily issue is the "Daily Digest," which summarizes the day's floor and committee activities.
  • Container: A receptacle, regardless of the material from which it is made, used to store wine or to remove wine from wine premises. See 27 CFR 24.10
  • Container: means any package, can, bottle, bag, barrel, drum, tank, or other containing-device (excluding any application tanks) used to enclose a pesticide. See 40 CFR 165.3
  • Containment: means the confinement of radioactive waste within a designated boundary. See 10 CFR 960.2
  • Containment and inactivation controls: means any combination of mechanical, procedural, or biological controls designed and operated to restrict environmental release of viable microorganisms from a facility. See 40 CFR 172.43
  • Containment pad: means any structure that is designed and constructed to intercept and contain pesticides, rinsates, and equipment wash water at a pesticide dispensing area. See 40 CFR 165.3
  • Containment structure: means either a secondary containment unit or a containment pad. See 40 CFR 165.3
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractor: means a contractor for the Department and includes subcontractors at all tiers. See 10 CFR 1046.3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperator: means any person who grants permission to a permittee or a permittee's designated participant for the use of an experimental use pesticide at an application site owned or controlled by the cooperator. See 40 CFR 172.1
  • Crop advisor: means any person who is assessing pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants. See 40 CFR 170.3
  • Custom blending: means the service of mixing pesticides to a customer's specifications, usually a pesticide(s)-fertilizer(s), pesticide-pesticide, or a pesticide-animal feed mixture, when:

    (1) The blend is prepared to the order of the customer and is not held in inventory by the blender. See 40 CFR 165.3

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealership: means any establishment owned or operated by a restricted use pesticide retail dealer where restricted use pesticides are distributed or sold. See 40 CFR 171.3
  • Decommissioning: means the permanent removal from service of surface facilities and components neceessary for preclosure operations only, after repository closure, in accordance with regulatory requirements and environmental policies. See 10 CFR 960.2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deliberately modified: means the directed addition, rearrangement, or removal of nucleotide sequences to or from genetic material. See 40 CFR 172.43
  • Demand: means a subpoena, or an order or other command of a court or other competent authority, for the production, disclosure, or release of records or for the appearance and testimony of a Commission employee that is issued in a legal proceeding. See 11 CFR 9409.3
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated Agency Ethics Official: means the employee designated by the Commission to administer the provisions of the Ethics in Government Act of 1978 (5 U. See 11 CFR 7.2
  • Designated representative: means any persons designated in writing by a worker or handler to exercise a right of access on behalf of the worker or handler to request and obtain a copy of the pesticide application and hazard information required by §170. See 40 CFR 170.305
  • device: means any device or class of device as defined by the Act and determined by the Administrator to be subject to the provisions of the Act. See 40 CFR 169.1
  • Device: means any device or class of devices as defined by the Act and determined by the Administrator pursuant to section 25(c) to be subject to the provisions of section 7 of the Act. See 40 CFR 167.3
  • Dilutable: means that the pesticide product's labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application or use. See 40 CFR 156.3
  • Dilutable: means that the pesticide product's labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application or use. See 40 CFR 165.3
  • Direct costs: means those expenditures which the Commission actually incurs in searching for and duplicating (and, in the case of commercial use requestors, reviewing) documents to respond to a FOIA request. See 11 CFR 4.1
  • Direct costs: means those expenditures which the Commission actually incurs in searching for, duplicating, and, in the case of commercial use requesters, reviewing documents to respond to a FOIA request. See 11 CFR 9405.2
  • Director of the service center: A director of an internal revenue service center. See 27 CFR 24.10
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District director: A district director of internal revenue. See 27 CFR 24.10
  • Docket: A log containing brief entries of court proceedings.
  • DOE: means the U. See 10 CFR 960.2
  • Dry pesticide: means any pesticide that is in solid form and that has not been combined with liquids. See 40 CFR 165.3
  • Duplication: means the process of making a copy of a document necessary to respond to a FOIA request. See 11 CFR 4.1
  • Duplication: means the process of making a copy of a document necessary to respond to a FOIA request. See 11 CFR 9405.2
  • Early entry: means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired. See 40 CFR 170.3
  • Effervescent wine: A wine containing more than 0. See 27 CFR 24.10
  • Emergency condition: means an urgent, non-routine situation that requires the use of a pesticide(s) and shall be deemed to exist when:

    (1) No effective pesticides are available under the Act that have labeled uses registered for control of the pest under the conditions of the emergency. See 40 CFR 166.3

  • Employee: means an employee of the Federal Election Commission and includes a special Government employee as defined in 18 U. See 11 CFR 7.2
  • Enclosed cab: means a cab with a nonporous barrier that totally surrounds the occupant(s) of the cab and prevents dermal contact with pesticides that are being applied outside of the cab. See 40 CFR 170.305
  • Enclosed space production: means production of an agricultural plant indoors or in a structure or space that is covered in whole or in part by any nonporous covering and that is large enough to permit a person to enter. See 40 CFR 170.305
  • EPA: means the U. See 40 CFR 160.3
  • EPA: means the United States Environmental Protection Agency. See 40 CFR 174.3
  • Establishment: means any site where a pesticidal product, active ingredient, or device is produced, regardless of whether such site is independently owned or operated, and regardless of whether such site is domestic and producing a pesticidal product for export only, or whether the site is foreign and producing any pesticidal product for import into the United States. See 40 CFR 165.3
  • Establishment: means any site where a pesticidal product, active ingredient, or device is produced, regardless of whether such site is independently owned or operated, and regardless of whether such site is domestic and producing a pesticidal product for export only, or whether the site is foreign and producing any pesticidal product for import into the United States. See 40 CFR 167.3
  • Executive Director: means the Executive Director of the Commission or his or her designee. See 11 CFR 9405.2
  • Executive Director: means the Executive Director of the Commission or his or her designee. See 11 CFR 9407.2
  • Experimental animals: means individual animals or groups of animals, regardless of species, intended for use and used solely for research purposes. See 40 CFR 172.1
  • Experimental start date: means the first date the test substance is applied to the test system. See 40 CFR 160.3
  • Export pesticide device: means a device, as defined in FIFRA section 2(h), that is intended solely for export from the United States to another country. See 40 CFR 168.67
  • Export pesticide product: means a pesticide product, as defined in §152. See 40 CFR 168.67
  • Exudate: means a substance gradually discharged or secreted across intact cellular membranes or cell walls and present in the intercellular spaces or on the exterior surfaces of the plant. See 40 CFR 174.3
  • Facility: means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person who controls, who is controlled by, or who is under common control with such person). See 40 CFR 165.3
  • Facility: means any structure, system, or system component, including engineered barriers, created by the DOE to meet repository-performance or functional objectives. See 10 CFR 960.2
  • Facility: means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property whether owned, leased or used on some other basis by the Commission. See 11 CFR 6.103
  • Facility: means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property whether owned, leased or used on some other basis by the Commission. See 11 CFR 9420.2
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm: means any operation, other than a nursery or forest, engaged in the outdoor production of agricultural plants. See 40 CFR 170.3
  • Fault: means a fracture or a zone of fractures along which there has been displacement of the side relative to one another parallel to the fracture or zone of fractures. See 10 CFR 960.2
  • Faulting: means the process of fracturing and displacement that produces a fault. See 10 CFR 960.2
  • FDA: means the U. See 40 CFR 160.3
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Federally registered: means currently registered under section 3 of the Act, after having been initially registered under the Federal Insecticide, Fungicide, and Rodenticide Act of 1947 by the Secretary of Agriculture or under FIFRA by the Administrator. See 40 CFR 162.151
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FFDCA: means the Federal Food, Drug and Cosmetic Act, as amended (21 U. See 40 CFR 160.3
  • FFDCA: means the Federal Food, Drug, and Cosmetic Act (21 U. See 40 CFR 174.3
  • FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U. See 40 CFR 160.3
  • FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U. See 40 CFR 174.3
  • FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U. See 40 CFR 152.3
  • Final printed labeling: means the label or labeling of the product when distributed or sold. See 40 CFR 152.3
  • First food use: means the use of a pesticide on a food or in a manner which otherwise would be expected to result in residues in a food, if no tolerance or exemption from the requirements of a tolerance for residues of the pesticide on any food has been established for the pesticide under section 408 of the Federal Food, Drug, and Cosmetic Act. See 40 CFR 166.3
  • FOIA: means Freedom of Information Act, 5 U. See 11 CFR 9405.2
  • FOIA Officer: means a person designated by the Chief FOIA Officer under §9405. See 11 CFR 9405.2
  • FOIA Public Liaison: means a person designated by the Chief FOIA Officer under §9405. See 11 CFR 9405.2
  • FOIA request: means to seek the release of records under 5 U. See 11 CFR 9405.2
  • Food: means any article used for food or drink for man or animals. See 40 CFR 166.3
  • Food: includes articles used for food or drink by humans or other animals. See 40 CFR 174.3
  • Food plant: means a plant which either in part or in toto, is used as food. See 40 CFR 174.3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forest: means any operation engaged in the outdoor production of any agricultural plant to produce wood fiber or timber products. See 40 CFR 170.3
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fumigant: means any pesticide product that is a vapor or gas or forms a vapor or gas on application and whose method of pesticidal action is through the gaseous state. See 40 CFR 156.203
  • Fumigant: means any pesticide product that is a vapor or gas, or forms a vapor or gas on application, and whose method of pesticidal action is through the gaseous state. See 40 CFR 170.3
  • Fumigant: means a restricted use pesticide that bears labeling designating it as a fumigant. See 40 CFR 171.3
  • Fumigation: means the use of a fumigant. See 40 CFR 171.3
  • General Counsel: means the General Counsel of the Commission or his or her designee. See 11 CFR 9405.2
  • General Counsel: means the General Counsel of the Commission or his or her designee. See 11 CFR 9407.2
  • General Counsel: means the General Counsel of the Commission or a person to whom the General Counsel has delegated authority under this part. See 11 CFR 9409.3
  • Genetic material necessary for the production: means both: Genetic material that encodes a substance or leads to the production of a substance. See 40 CFR 174.3
  • Genome: means the sum of the heritable genetic material in the plant, including genetic material in the nucleus and organelles. See 40 CFR 174.3
  • Geohydrologic setting: means the system of geohydrologic units that is located within a given geologic setting. See 10 CFR 960.2
  • Geologic setting: means the geologic, hydrologic, and geochemical systems of the region in which a geologic-repository operations area is or may be located. See 10 CFR 960.2
  • Greenhouse: means any operation engaged in the production of agricultural plants inside any structure or space that is enclosed with nonporous covering and that is of sufficient size to permit worker entry. See 40 CFR 170.3
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hand labor: means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with surfaces (such as plants, plant parts, or soil) that may contain pesticide residues. See 40 CFR 170.3
  • Handicapped person: means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. See 11 CFR 6.103
  • Handicapped person: means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. See 11 CFR 9420.2
  • Handler: means any person, including a self-employed person:

    (1) Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which subpart C of this part applies and who is:

    (i) Mixing, loading, transferring, or applying pesticides. See 40 CFR 170.3

  • Handler employer: means any person who is self-employed as a handler or who employs any handler, for any type of compensation. See 40 CFR 170.3
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Highly populated area: means any incoporated place (recognized by the decennial reports of the U. See 10 CFR 960.2
  • Host rock: means the geologic medium in which the waste is emplaced, specifically the geologic materials that directly encompass and are in close proximity to the underground facility. See 10 CFR 960.2
  • Igneous activity: means the emplacement (intrusion) of molten rock material (magma) into material in the Earth's crust or the expulsion (extrusion) of such material onto the Earth's surface or into its atmosphere or surface water. See 10 CFR 960.2
  • Immediate family: includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters. See 40 CFR 170.3
  • Immediate family: means familial relationships limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. See 40 CFR 171.3
  • In a living plant: means inside the living plant, on the surface of the living plant, or as an exudate from the living plant. See 40 CFR 174.3
  • inability: means the incapacity of any person to maintain, furnish or permit access to any records under this Act and regulations, where such incapacity arises out of causes beyond the control and without the fault or negligence of such person. See 40 CFR 169.1
  • Individual: means a citizen of the United States or an alien lawfully admitted for permanent residence. See 11 CFR 9410.2
  • Inert ingredient: means any substance (or group of structurally similar substances if designated by the Agency), other than an active ingredient, which is intentionally included in a pesticide product, except as provided by §174. See 40 CFR 152.3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector General: means the individual appointed by the Commission to administer the provisions of the Inspector General Act of 1978, as amended (5 U. See 11 CFR 7.2
  • Institutional use: means any application of a pesticide in or around any property or facility that functions to provide a service to the general public or to public or private organizations, including but not limited to:

    (1) Hospitals and nursing homes. See 40 CFR 152.3

  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Introduction of genetic material: means the movement of nucleotide sequences into a microorganism, regardless of the technique used. See 40 CFR 172.43
  • Inversions of genetic material: means the replacement of an internal section of a chromosome in the reverse orientation. See 40 CFR 172.43
  • Labor contractor: means a person, other than a commercial pesticide handler employer, who employs workers or handlers to perform tasks on an agricultural establishment for an agricultural employer or a commercial pesticide handler employer. See 40 CFR 170.305
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal proceeding: means any matter before a court of law, administrative board or tribunal, commission, administrative law judge, hearing officer, or other body that conducts a legal or administrative proceeding. See 11 CFR 9409.3
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Likely: means processing or displaying the qualities, characteristics, or attributes that provide a reasonable basis for confidence that what is expected indeed exists or will occur. See 10 CFR 960.2
  • Living plant: means a plant, plant organ, or plant part that is alive, viable, or dormant. See 40 CFR 152.3
  • Living plant: means a plant, plant organ, or plant part that is alive, viable, or dormant. See 40 CFR 174.3
  • Major life activities: include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. See 11 CFR 9420.2
  • Manufacturing-use product: means any pesticide product other than a product to be labeled with directions for end use. See 40 CFR 162.151
  • Meeting: means the deliberations of at least three Commissioners where such deliberations determine or result in the joint conduct or disposition of official Commission business. See 11 CFR 9407.2
  • Member of the public: means any individual who is not engaged in operations involving the management, storage, and disposal of radioactive waste. See 10 CFR 960.2
  • Microbial pesticide: means a microbial agent intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, that:

    (1) Is a eucaryotic microorganism including, but not limited to, protozoa, algae and fungi. See 40 CFR 172.43

  • Microorganism: means a bacterium, fungus, alga, virus, or protozoan. See 40 CFR 172.43
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mishap: means an event that adversely affects man or the environment and that is related to the use or presence of a pesticide, whether the event was unexpected or intentional. See 40 CFR 171.3
  • Must: Unfermented juice or any mixture of juice, pulp, skins, and seeds prepared from grapes or other fruit (including berries). See 27 CFR 24.10
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • New chemical: means an active ingredient not contained in any currently registered pesticide. See 40 CFR 166.3
  • New product: means a pesticide product which is not a federally registered product. See 40 CFR 162.151
  • news: means information that is about current events or that would be of current interest to the public. See 11 CFR 9405.2
  • Non-commercial scientific institution: means an organization that is not operated on a commercial basis, as that term is defined in paragraph (k) of this section, and which is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. See 11 CFR 4.1
  • Non-commercial scientific institution: means an organization that is not operated on a commercial basis and which is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any particular product or industry. See 11 CFR 9405.2
  • Noncertified applicator: means any person who is not certified in accordance with this part to use or supervise the use of restricted use pesticides in the category appropriate to the type of application being conducted in the pertinent jurisdiction, but who is using restricted use pesticides under the direct supervision of a person certified as a commercial or private applicator in accordance with this part. See 40 CFR 171.3
  • Nonrefillable container: means a container that is not a refillable container and that is designed and constructed for one-time use and is not intended to be filled again with a pesticide for sale or distribution. See 40 CFR 165.3
  • NRC: means the U. See 10 CFR 960.2
  • Nucleic acids: means ribosides or deoxyribosides of adenine, thymine, guanine, cytosine, and uracil. See 40 CFR 174.3
  • Nursery: means any operation engaged in the outdoor production of any agricultural plant to produce cut flowers and ferns or plants that will be used in their entirety in another location. See 40 CFR 170.3
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • One-way valve: means a valve that is designed and constructed to allow virtually unrestricted flow in one direction and no flow in the opposite direction, thus allowing the withdrawal of material from, but not the introduction of material into, a container. See 40 CFR 165.3
  • Operator: means any person in control of, or having responsibility for, the daily operation of a facility at which a containment structure is located. See 40 CFR 165.3
  • Oppressive child labor age: means an age below the minimum age established under the Act for the occupation in which a minor is employed or in which his employment is contemplated. See 29 CFR 570.1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Ornamental: means trees, shrubs, flowers, and other plantings intended primarily for aesthetic purposes in and around habitations, buildings and surrounding grounds, including residences, parks, streets, and commercial, industrial, and institutional buildings. See 40 CFR 171.3
  • Outdoor production: means production of an agricultural plant in an outside area that is not enclosed or covered in any way that would obstruct the natural air flow. See 40 CFR 170.305
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person who owns a facility at which a containment structure is required. See 40 CFR 165.3
  • Owner: means any person who has a present possessory interest (fee, leasehold, rental, or other) in an agricultural establishment covered by this part. See 40 CFR 170.3
  • packaging: means the immediate container or wrapping, including any attached closure(s), in which the pesticide is contained for distribution, sale, consumption, use, or storage. See 40 CFR 152.3
  • packaging: means the immediate container or wrapping, including any attached closure(s), in which the pesticide is contained for distribution, sale, consumption, use or storage. See 40 CFR 157.21
  • Participant: means any person acting as a representative of the permittee and responsible for making available for use, or supervising the use or evaluation of, an experimental use pesticide to be applied at a specific application site. See 40 CFR 172.1
  • Past year: means the calendar year immediately prior to that in which the report is submitted. See 40 CFR 167.3
  • Permit: The document issued under 26 U. See 27 CFR 22.11
  • Permittee: means any applicant to whom an experimental use permit has been granted. See 40 CFR 172.1
  • Permittee: Any person holding a permit, on Form 5150. See 27 CFR 22.11
  • Person: means an applicant, registrant, manufacturer, pesticide user, environmental group, labor union, or other individual or group of individuals interested in pesticide regulation. See 40 CFR 154.3
  • Person: means an individual, partnership, corporation, association, scientific or academic establishment, government agency or organizational unit thereof, or any other legal entity. See 40 CFR 160.3
  • Person: An individual, trust, estate, partnership, association, company, or corporation. See 27 CFR 24.10
  • Personal protective equipment: means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear. See 40 CFR 170.305
  • Personal protective equipment: means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear. See 40 CFR 171.3
  • Pesticidal product: means a pesticide, active ingredient, or device. See 40 CFR 167.3
  • Pesticidal product report: means information showing the types and amounts of pesticidal products which were: (1) Produced in the past calendar year. See 40 CFR 167.3
  • Pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

    (1) Is a new animal drug under FFDCA sec. See 40 CFR 152.3

  • Pesticide dispensing area: means an area in which pesticide is transferred out of or into a container. See 40 CFR 165.3
  • Pesticide product: means a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. See 40 CFR 152.3
  • Pesticide use: means a use of a pesticide (described in terms of the application site and other applicable identifying factors) that is included in the labeling of a pesticide product which is registered, or for which an application for registration is pending, and the terms and conditions (or proposed terms and conditions) of registration for the use. See 40 CFR 154.3
  • physical or mental impairment: includes , but is not limited to, such diseases and conditions as orthopedic; visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional illness; and drug addition and alcoholism. See 11 CFR 9420.2
  • Plant-incorporated protectant: means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. See 40 CFR 174.3
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Portable pesticide container: means a refillable container that is not a stationary pesticide container. See 40 CFR 165.3
  • Practical knowledge: means the possession of pertinent facts and comprehension sufficient to properly perform functions associated with use of restricted use pesticides, including properly responding to reasonably foreseeable problems and situations. See 40 CFR 171.3
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal place of business: means the principal location, either residence or office, where a person conducts a business that involves the use of restricted use pesticides. See 40 CFR 171.3
  • producer: means the person, as defined by the Act, who produces or imports any pesticide or device or active ingredient used in producing a pesticide. See 40 CFR 169.1
  • Producer: means any person, as defined by the Act, who produces any pesticide, active ingredient, or device (including packaging, repackaging, labeling and relabeling). See 40 CFR 167.3
  • Proprietor: The person qualified under this part to operate a wine premises, and includes the term "winemaker" when the context so requires. See 27 CFR 24.10
  • Public observation: means attendance by one or more members of the public at a meeting of the Commission but does not include participation in the meeting. See 11 CFR 9407.2
  • Public participation: means the presentation or discussion of information, raising of questions, or other manner of involvement in a meeting of the Commission by one or more members of the public in a manner that contributes to the disposition of Commission business. See 11 CFR 9407.2
  • Qualified handicapped person: means (1) with respect to any Commission program or activity under which a person is required to perform services or to achieve a level of accomplishment, a handicapped person who, with reasonable accommodation, meets the essential eligibility requirements and who can achieve the purpose of the program or activity. See 11 CFR 9420.2
  • Quality assurance unit: means any person or organizational element, except the study director, designated by testing facility management to perform the duties relating to quality assurance of the studies. See 40 CFR 160.3
  • Raw data: means any laboratory worksheets, records, memoranda, notes, or exact copies thereof, that are the result of original observations and activities of a study and are necessary for the reconstruction and evaluation of the report of that study. See 40 CFR 160.3
  • Reasonably available technology: means technology which exists and has been demonstrated or for which the results of any requisite development, demonstration, or confirmatory testing efforts before application will be available within the required time period. See 10 CFR 960.2
  • Recipient plant: means the living plant in which the plant-incorporated protectant is intended to be produced and used. See 40 CFR 174.3
  • Recombinant DNA: means the genetic material has been manipulated in vitro through the use of restriction endonucleases and/or other enzymes that aid in modifying genetic material, and subsequently introduced into the genome of the plant. See 40 CFR 174.3
  • Record: means any information that would be a Commission record subject to the requirements of this part when maintained by the Commission in any format, including, but not limited to, an electronic format. See 11 CFR 9405.2
  • Record: means any item, collection, or grouping of information about an individual that is maintained by the Commission including, but not limited to, his or her education, financial transactions, medical history, and criminal or employment history and that contains his or her name or the identifying number, symbol, or other identifying information particularly assigned to the individual, such as finger or voice print or a photograph. See 11 CFR 9410.2
  • Reference substance: means any chemical substance or mixture, or analytical standard, or material other than a test substance, feed, or water, that is administered to or used in analyzing the test system in the course of a study for the purposes of establishing a basis for comparison with the test substance for known chemical or biological measurements. See 40 CFR 160.3
  • Refillable container: means a container that is intended to be filled with pesticide more than once for sale or distribution. See 40 CFR 165.3
  • Refiller: means a person who engages in the activity of repackaging pesticide product into refillable containers. See 40 CFR 165.3
  • Refilling establishment: means an establishment where the activity of repackaging pesticide product into refillable containers occurs. See 40 CFR 165.3
  • Released for shipment: A product becomes released for shipment when the producer has packaged and labeled it in the manner in which it will be distributed or sold, or has stored it in an area where finished products are ordinarily held for shipment. See 40 CFR 152.3
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Repository: is synonymous with "geologic repository. See 10 CFR 960.2
  • Repository construction: means all excavation and mining activities associated with the construction of shafts, shaft stations, rooms, and necessary openings in the underground facility, preparatory to radioactive-waste emplacement, as well as the construction of necessary surface facilities, but excluding site-characterization activities. See 10 CFR 960.2
  • Repository operation: means all of the functions at the site leading to and involving radioactive-waste emplacement in the underground facility, including receiving, transportation, handling, emplacement, and, if necessary, retrieval. See 10 CFR 960.2
  • Repository support facilities: means all permanent facilities constructed in support of site-characterization activities and repository construction, operation, and closure activities, including surface structures, utility lines, roads, railroads, and similar facilities, but excluding the underground facility. See 10 CFR 960.2
  • Representative of the news media: means a person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. See 11 CFR 4.1
  • Representative of the news media: means any person or entity that gathers information of potential interest to a segment of the public, uses editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. See 11 CFR 9405.2
  • Request: means to seek the release of records under 5 U. See 11 CFR 4.1
  • Request: means any informal request, by whatever method, for the production of records and information or for testimony that has not been ordered by a court or other competent authority. See 11 CFR 9409.3
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential use: means use of a pesticide directly:

    (1) On humans or pets,

    (2) In, on, or around any structure, vehicle, article, surface, or area associated with the household, including but not limited to areas such as non-agricultural outbuildings, non-commercial greenhouses, pleasure boats and recreational vehicles, or

    (3) In any preschool or day care facility. See 40 CFR 152.3

  • Residential use: means use of a pesticide or device:

    (1) Directly on humans or pets. See 40 CFR 157.21

  • Restricted area: means any area access to which is controlled by the DOE for purposes of protecting individuals from exposure to radiation and radioactive materials before repository closure, but not including any areas used as residential quarters, although a separate room or rooms in a residential building may be set apart as a restricted area. See 10 CFR 960.2
  • Restricted use pesticide: means a pesticide that is classified for restricted use under the provisions of section 3(d) of FIFRA and 40 CFR part 152, subpart I. See 40 CFR 171.3
  • Restricted use pesticide retail dealer: means any person who distributes or sells restricted use pesticides to any person, excluding transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail sellers, acting only in those capacities. See 40 CFR 171.3
  • Restricted-entry interval: means the time after the end of a pesticide application during which entry into the treated area is restricted. See 40 CFR 170.3
  • Retrieval: means the act of intentionally removing radioactive waste before repository closure from the underground location at which the waste had been previously emplaced for disposal. See 10 CFR 960.2
  • Review: means the process of examining a document located in response to a commercial use request to determine whether any portion of the document located is exempt from disclosure. See 11 CFR 4.1
  • Review: means the process of examining a document located in response to a commercial use request to determine whether any portion of the document located is exempt from disclosure. See 11 CFR 9405.2
  • Rinsate: means the liquid resulting from the rinsing of the interior of any equipment or container that has come in direct contact with any pesticide. See 40 CFR 165.3
  • Runoff: means surface water leaving the target site. See 40 CFR 165.3
  • Search: means all time spent reviewing, manually or by automated means, Commission records for the purpose of locating those records that are responsive to a FOIA request, including page-by-page or line-by-line identification of material within documents. See 11 CFR 4.1
  • Search: means all time spent reviewing, manually or by automated means, Commission records for the purpose of locating those records that are responsive to a FOIA request, including, but not limited to, page-by-page or line-by-line identification of material within documents and also includes reasonable efforts to locate and retrieve information from records maintained in electronic form or format. See 11 CFR 9405.2
  • Secondary containment unit: means any structure, including rigid diking, that is designed and constructed to intercept and contain pesticide spills and leaks and to prevent runoff and leaching from stationary pesticide containers. See 40 CFR 165.3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Significant economic loss: means that, compared to the situation without the pest emergency and despite the best efforts of the affected persons, the emergency conditions at the specific use site identified in the application are reasonably expected to cause losses meeting any of the following criteria:

    (1) For pest activity that primarily affects the current crop or other output, one or more of the following:

    (i) Yield loss greater than or equal to 20%. See 40 CFR 166.3

  • Similar composition: means a pesticide product which contains only the same active ingredient(s), or combinations of active ingredients, and which is in the same toxicity category, as defined in §156. See 40 CFR 162.151
  • Similar product: means a pesticide product which, when compared to a federally registered product, has a similar composition and a similar use pattern. See 40 CFR 162.151
  • Similar use pattern: means a use of a pesticide product which, when compared to a federally registered use of a product with a similar composition, does not require a change in precautionary labeling under part 156 of this chapter, and which is substantially the same as the federally registered use. See 40 CFR 162.151
  • Single genome: means the sum total of chromosomal and extrachromosomal genetic material of an isolate and any descendants derived under axenic culture conditions from that isolate. See 40 CFR 172.43
  • Site: means a potentially acceptable site or a candidate site, as appropriate, until such time as the controlled area has been established, at which time the site and the controlled area are the same. See 10 CFR 960.2
  • Siting: means the collection of exploration, testing, evaluation, and decision-making activities associated with the process of site screening, site nomination, site recommendation, and site approval for characterization or repository development. See 10 CFR 960.2
  • Small-scale test: means the experimental use of a microbial pesticide in a facility such as a laboratory or greenhouse, or use in limited replicated field trials or other tests as described in §172. See 40 CFR 172.43
  • Sold or distributed: means the aggregate amount of a pesticidal product released for shipment by the establishment in which the pesticidal product was produced. See 40 CFR 167.3
  • Source: means the donor of the genetic material that encodes a pesticidal substance or leads to the production of a pesticidal substance. See 40 CFR 174.3
  • Special local need: means an existing or imminent pest problem within a State for which the State lead agency, based upon satisfactory supporting information, has determined that an appropriate federally registered pesticide product is not sufficiently available. See 40 CFR 162.151
  • Special Review: means any interim administrative review of the risks and benefits of the use of a pesticide conducted pursuant to the provisions of part 154 of this chapter, or §162. See 40 CFR 166.3
  • Specimen: means any material derived from a test system for examination or analysis. See 40 CFR 160.3
  • Spirits: That substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions or mixtures thereof, from whatever source or by whatever process produced), but not denatured spirits unless specifically stated. See 27 CFR 24.10
  • Standard wine: Natural wine, specially sweetened natural wine, special natural wine, and standard agricultural wine, produced in accordance with subparts F, H, and I of this part. See 27 CFR 24.10
  • Stationary pesticide container: means a refillable container that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for at least 30 consecutive days, and that holds pesticide during the entire time. See 40 CFR 165.3
  • Study: means any experiment at one of more test sites, in which a test substance is studied in a test system under laboratory conditions or in the environment to determine or help predict its effects, metabolism, product performance (efficacy studies only as required by 40 CFR 158. See 40 CFR 160.3
  • Study director: means the individual responsible for the overall conduct of a study. See 40 CFR 160.3
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Suspension concentrate: means a stable suspension of solid particulate active ingredients in a liquid intended for dilution with water before use. See 40 CFR 165.3
  • System: means the geologic setting at the site, the waste package, and the repository, all acting together to contain and isolate the waste. See 10 CFR 960.2
  • Tamper-evident device: means a device which can be visually inspected to determine if a container has been opened. See 40 CFR 165.3
  • Tectonic: means of, or pertaining to, the forces involved in, or the resulting structures or features of, tectonics. See 10 CFR 960.2
  • Terms and conditions of registration: means the terms and conditions governing lawful sale, distribution, and use approved in conjunction with registration, including labeling, use classification, composition, and packaging. See 40 CFR 154.3
  • Test substance: means a substance or mixture administered or added to a test system in a study, which substance or mixture:

    (1) Is the subject of an application for a research or marketing permit supported by the study, or is the contemplated subject of such an application. See 40 CFR 160.3

  • Test system: means any animal, plant, microorganism, chemical or physical matrix, including but not limited to soil or water, or subparts thereof, to which the test, control, or reference substance is administered or added for study. See 40 CFR 160.3
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Testimony: means any written or oral statements, including depositions, answers to interrogatories, affidavits, declarations, interviews, and statements made by an individual in connection with a legal proceeding. See 11 CFR 9409.3
  • testing: means any use of a microbial pesticide consistent with section 5 of the Act, including limited replicated field trials and associated activities. See 40 CFR 172.43
  • Testing facility: means a person who actually conducts a study, i. See 40 CFR 160.3
  • This chapter: Title 27, Code of Federal Regulations, chapter I (27 CFR chapter I). See 27 CFR 24.10
  • This chapter: Title 27, Code of Federal Regulations, Chapter I (27 CFR Chapter I). See 27 CFR 22.11
  • Toxicity: means the property of a pesticide that refers to the degree to which the pesticide, and its degradates and metabolites, are able to cause an adverse physiological effect on an organism. See 40 CFR 171.3
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transport vehicle: means a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. See 40 CFR 165.3
  • Treated area: means any area to which a pesticide is being directed or has been directed. See 40 CFR 170.3
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribe: means any Indian or Alaska Native Tribe, band, nation, pueblo, village, or community included in the list of Tribes published by the Secretary of the Interior pursuant to the Federally Recognized Indian Tribe List Act. See 40 CFR 171.3
  • Underground facility: means the underground structure and the rock required for support, including mined openings and backfill materials, but excluding shafts, boreholes, and their seals. See 10 CFR 960.2
  • Unreasonable adverse effects on the environment: means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. See 40 CFR 166.3
  • Use-specific instructions: means the information and requirements specific to a particular pesticide product or work site that an applicator needs in order to use the pesticide in accordance with applicable requirements and without causing unreasonable adverse effects. See 40 CFR 171.3
  • Validated test: means a test determined by the Agency to have been conducted and evaluated in a manner consistent with accepted scientific procedures. See 40 CFR 154.3
  • Vegetative reproduction: means either:

    (1) In seed plants, reproduction by apomixis, or

    (2) In other plants, reproduction by fragmentation, or division of the somatic body. See 40 CFR 174.3

  • Vehicle: means any agent which facilitates the mixture, dispersion, or solubilization of a test substance with a carrier. See 40 CFR 160.3
  • Venue: The geographical location in which a case is tried.
  • Volatile fruit-flavor concentrate: Any concentrate produced by any process which includes evaporations from any fruit mash or juice. See 27 CFR 24.10
  • Wage and Hour Division: means the Wage and Hour Division, United States Department of Labor. See 29 CFR 570.1
  • waste: means high-level radioactive waste and other radioactive materials, including spent nuclear fuel, that are received for emplacement in a geologic repository. See 10 CFR 960.2
  • Wide crosses: means to facilitate the formation of viable zygotes through the use of surgical alteration of the plant pistil, bud pollination, mentor pollen, immunosuppressants, in vitro fertilization, pre-pollination and post-pollination hormone treatments, manipulation of chromosome numbers, embryo culture, or ovary and ovule cultures. See 40 CFR 174.3
  • Wine: When used without qualification, the term includes every kind (class and type) of product produced on bonded wine premises from grapes, other fruit (including berries), or other suitable agricultural products and containing not more than 24 percent of alcohol by volume. See 27 CFR 24.10
  • Wine premises: Premises established under the provisions of this part on which wine operations or other operations are authorized to be conducted. See 27 CFR 24.10
  • Worker: means any person, including a self-employed person, who is employed for any type of compensation and who is performing activities relating to the production of agricultural plants on an agricultural establishment to which subpart B of this part applies. See 40 CFR 170.3
  • Worker housing area: means any place or area of land on or near an agricultural establishment where housing or space for housing is provided for workers or handlers by an agricultural employer, owner, labor contractor, or any other person responsible for the recruitment or employment of agricultural workers. See 40 CFR 170.305