§ 5-101. Definitions

   (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Active ingredient. -- "Active ingredient" means:

   (1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, fungi, rodents, weeds, bacteria, or other pests;

   (2) In the case of a plant regulator, an ingredient which, through physiological action, accelerates or retards the rate of growth or rate of maturation or otherwise alters the behavior of ornamental or crop plants or their produce;

   (3) In the case of a defoliant, an ingredient which causes the leaves or foliage to drop from a plant;

   (4) In the case of a desiccant, an ingredient which artificially accelerates the drying of plant tissue.

(c) Adulterated. -- A pesticide is "adulterated" if (1) its strength or purity falls below the professed standard or quality expressed on the labeling under which it is sold, (2) any substance has been substituted wholly or partially for the article, or (3) any valuable constituent of the article has been wholly or partially abstracted.

(d) Antidote. -- "Antidote" means the most practical immediate treatment in case of poisoning, including first aid treatment.

(e) Defoliant. -- "Defoliant" means any substance or mixture of substances intended to cause leaves or foliage to drop from a plant, with or without causing abscission.

(f) Desiccant. -- "Desiccant" means any substance or mixture of substances intended to accelerate artificially the drying of plant tissues.

(g) Distributor. -- "Distributor" means a person who imports, manufactures, produces, mixes, or consigns pesticides as part of a commercial enterprise.

(h) Fungi. -- "Fungi" means nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants of an order lower than mosses and liverworts, such as, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in any living man or animal.

(i) Fungicide. -- "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungus.

(j) Herbicide. -- "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.

(k) Inert ingredient. -- "Inert ingredient" means an ingredient which is not an active ingredient.

(l) Ingredient statement. -- "Ingredient statement" means:

   (1) A statement of the name and percentage of each active ingredient, together with the total percentage of inert ingredients in the pesticide;

   (2) A statement of the name of each active ingredient, together with the name of each and total percentage of any inert ingredient in the pesticide; or

   (3) In the case of a pesticide containing arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic, in addition to the requirements of paragraphs (1) and (2) of this subsection. Paragraph (1) of this subsection applies to any preparation declared highly toxic to humans, pursuant to § 5-104(b) of this subtitle.

(m) Insect. -- "Insect" means any small invertebrate animal generally having a more or less obviously segmented body and, for the most part belonging to the class insecta, which is comprised of six-legged, usually winged forms, such as, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice.

(n) Insecticide. -- "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment.

(o) Label. -- "Label" means the written, printed, or graphic matter on or attached to a pesticide, or its immediate container, and the outside container or wrapper of any retail package of a pesticide.

(p) Labeling. -- "Labeling" means every label and other written, printed, or graphic matter (1) on any pesticide, its container, or wrapper; (2) accompanying the pesticide at any time; or (3) to which reference is made on the label or in literature accompanying the pesticide, except when an accurate, not misleading reference is made to any current official publication of any federal agency, State agency, or any agency of another state which is authorized by law to conduct pesticide research.

(q) Misbranded. -- A pesticide is "misbranded" if:

   (1) Its labeling bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading in any particular;

   (2) It is an imitation of another pesticide or is offered for sale under the name of another pesticide;

   (3) Its labeling bears any reference to registration under this subtitle;

   (4) The labeling accompanying it does not contain instructions for use which are necessary and adequate if complied with, for the protection of the public and the environment;

   (5) The label does not contain a warning or caution statement which may be necessary and adequate if complied with, to prevent injury to living man and other vertebrate animals;

   (6) The label of the retail package does not bear an ingredient statement on the immediate container and on any outside container or retail package wrapper, through which the ingredient statement on the immediate container cannot be clearly read as presented or displayed under customary conditions of purchase;

   (7) Any word, statement, or other information required by this subtitle to appear on the labeling is not placed prominently and conspicuously, as compared with other words, statements, designs, or graphic matter in the labeling and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

   (8) In the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, the pesticide is injurious to living man including any person applying it, other vertebrate animals, or vegetation, except weeds;

   (9) In the case of a plant regulator, defoliant, or desiccant when used as directed, the pesticide is injurious to living man including any person applying it, other vertebrate animals, or vegetation to which it is applied, except that physical or physiological effects on any plant, or part of it, is not deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant is applied, in accordance with the label claims and recommendations.

(r) Nematicide. -- "Nematicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

(s) Nematode. -- "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, an unsegmented round worm, commonly known as a nema or eelworm, with an elongated, fusiform or saclike body covered with cuticle, and which inhabits soil, water, plants, or plant parts.

(t) Pesticide. -- "Pesticide" means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, which the Secretary declares to be a pest; and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(u) Plant regulator. -- "Plant regulator" means any substance or mixture of substances, intended to accelerate or retard, through physiological action, the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but does not include any substance to the extent that it is intended as a plant nutrient, trace element, nutritional chemical, plant inoculant, or soil amendment.

(v) Registrant. -- "Registrant" means any person who registers any pesticide pursuant to the provisions of this subtitle.

(w) Rodenticide. -- "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents or any other vertebrate animal which the Secretary declares to be a pest.

(x) Weed. -- "Weed" means any plant or plant part which grows where it is not wanted.

HISTORY: An. Code 1957, art. 48, § 130; 1973, 1st Sp. Sess., ch. 6, § 1; 1989, ch. 370; 1991, ch. 55, § 1.