Tenn. Code § 43-8-102

Current through Acts 2023-2024, ch. 1069

Section 43-8-102 - Part definitions

As used in this part and part 2 of this chapter, unless the context otherwise requires:

(1) "Active ingredient" means:

(A) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient that will prevent, destroy, repel or mitigate;

(B) In the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of plant growth;

(C) In the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from a plant;

(D) In the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue; and

(E) In the case of a spray adjuvant, any ingredient that will act as a functioning agent;

(2) "Adjuvant" means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used;

(3) "Adulterated" means a condition wherein strength or purity of a pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent thereof has been wholly or in part abstracted;

(4) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment;

(5) "Commissioner" means the commissioner of agriculture;

(6) "Inert ingredient" means an ingredient that is not an active ingredient;

(7) "Ingredient statement" means a statement of the name and percentage of each active ingredient, together with the total percentage of all inert ingredients in the pesticide;

(8) "Label" means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide;

(9) "Labeling" means all labels and other written, printed or graphic matter:

(A) Upon the pesticide or any of its containers or wrappers;

(B) Accompanying the pesticide at any time; or

(C) To which reference is made on the label or literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the state experiment station, the state institute of agriculture, the Tennessee department of agriculture, the department of environment and conservation, or similar federal institutions or other official agencies of this state or other states when such agencies are authorized by law to conduct research in the field of pesticides;

(10) "Misbranded" means a condition as to a pesticide, wherein:

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

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

(C) Advertisement by any means is misleading in any particular;

(D) The labeling accompanying the pesticide does not contain directions for use that are necessary and when complied with would be adequate to protect health and the environment;

(E) The label does not bear an ingredient statement that is displayed on the outside of the immediate container and cannot be easily read as the container is presented or displayed under customary conditions of purchase;

(F) Any word, statement or other information required by or under authority of this part and part 2 of this chapter to appear on the label or labeling is not as prominently displayed as other material on the label or labeling;

(G) When used as directed or in accordance with commonly recognized practice, it is injurious to humans or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying the pesticide;

(H) The label does not contain a warning or caution statement that may be necessary and if complied with is adequate to protect health and the environment;

(I) The label does not bear the registration number assigned in connection with its registration;

(J) The labeling does not contain a statement of the use classification under which the product is registered; or

(K) In the case of a plant regulator, defoliant, or desiccant when used as directed, it is injurious to health and the environment; provided, that physical or physiological effects on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with label claims and recommendations;

(11) "Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not;

(12) "Pesticide" means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. This includes, but is not limited to, insecticides, fungicides, bactericides, herbicides, desiccants, defoliants, plant regulators, adjuvants or nematocides;

(13) "Registrant" means the person registering any pesticide pursuant to this part and part 2 of this chapter; and

(14) "Use in a manner inconsistent with labeling" as to a pesticide means any use of a registered pesticide in a manner not permitted by its labeling, except that "use in a manner inconsistent with labeling" does not include:

(A) Applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling;

(B) Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless federal requirements demand that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling;

(C) Employing any method of application not prohibited by the labeling;

(D) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited on the labeling; or

(E) Any other use otherwise inconsistent but specifically permitted under federal law.

T.C.A. § 43-8-102

Acts 1951, ch. 150, § 2 (Williams, § 6808.8); 1961, ch. 12, § 1; 1977, ch. 65, § 1; T.C.A. (orig. ed.), § 43-702; Acts 1980, ch. 539, § 2; 1992, ch. 693, § 1; 1996, ch. 805, §§ 1-3.