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Thursday October 2, 1947

FEDERAL REGISTER

6495

this part to appear on the label or label use by consumers and users of the eco ing of any economic poison shall be in the nomic poison to give accurate informa tion as to the quantity of the economic Title 49 Transportation and Page English language; Provided, That in the poison. If there is no general use, the case of articles intended solely for dis Railroads tribution to points outside the conti net content statement shall be in terms Chapter IInterstate Commerce nental United States the appropriate of liquid measure if the product is a Commission:
foreign language may be used in lieu of liquid, and in terms of weight if it is a Part 95Car service 2 docu solid, semi-solid, viscous, or a mixture of the English language.
ments________________ 6502,6503
liquid and solid. Statements of liquid 162.5 Omission of label or labeling. measure shall be in terms of the United The omission of a label or labeling from States gallon, quart, pint, and fluid c Economic p o i s o n . Economic any economic poison shall not affect any ounce, at 68 F. The statements of poison includes insecticides, fungicides, provision under the act or the regulations rodenticides and herbicides. A product in this part with respect to any statement weight shall be in terms of avoirdupois and ounce. All statements of net shall be deemed to be an economic poison required to appear on such label or pound content shall be in terms of the largest regardless of whether intended for use labeling.
unit present.
as packed or after dilution or mixture , 3 If the contents, are stated. as a 162.6 Label a Contents of label.
with other substances, such as carriers minimum quantity, variation below is The label of every economic poison must or baits. Products intended only for use permissible and variation above shall after further processing or manufactur show, clearly and prominently, the name not be unreasonably large.
ing, such as grinding to dust form or of the product; the name and address of not4
If the contents are not stated as more extensive operations, shall not be the manufacturer, the registrant, or per a minimum quantity, variation shall be deemed to be economic poisons. Sub son for whom manufactured; the net permitted only to the extent that it rep stances which have recognized commer contents; the ingredient statement; and resents deviations unavoidable in good cial uses other than uses as economic a warning or caution statement which packing practice. The average quantity poisons shall not be deemed to be eco may be necessary to prevent injury to in the packages in a shipment shall not nomic poisons unless such substances living man and other vertebrate animals, are 1 specially prepared for use as useful vegetation and useful invertebrate fall below the average quantity stated, economic poisons, or 2 labeled, repre animals. The label of any economic poi nor shall there be any unreasonable sented, or intended for use as economic son which is highly toxic to man must variation from the average in the con poisons, or 3 marketed in channels of also contain the skull and crossbones, tents of any package.
trade where they will presumably be and the word poison in red on a con 162.7 Ingredient statement a trasting background and the antidote Location of ingredient statement. The purchased as economic poisons.
d Fungicide. Fungicide includes statement in immediate proximity ingredient statement must appear on thereto. The antidote statement shall that part of the label displayed under but is not limited to:
1 Plant fungicides, seed fungicides, include directions to call a physician im customary conditions of purchase except fungicidal wood preservatives, and mil mediately. The IabeFof every economic in cases where the Director determines poison, if necessary to prevent injury to that, due to the size or form of the con dew and mold preventatives, 2 Disinfectants, antiseptics and living man and other vertebrate animals, tainer a statement on that portion of sterilizers, except those for use only on useful vegetation and useful invertebrate the label is impractical, and permits such animals, must contain an appropriate statement to appear on another side or or in living man or other animals.
warning or caution statement as required The term fungicide shall not include panel of the label. When so permitted, in 162.9.
algaecides.
the ingredient statement must be in b Name and address of manufac larger e Active ingredient. An active in type and more prominent than turer.
An unqualified name and address gredient is an ingredient which:
would otherwise be possible. The ingre given on the label shall be considered as 1 Is capable in itself, and when used dient statement must run parallel with in the same manner and for the same the name and address of the manufac other printed matter on the panel of turer.
If the registrants name appears purposes as directed for use of the prod the label on which it appears and must uct, of preventing, destroying, repelling, on the label and the registrant is not be on a clear contrasting background the manufacturer, or if the name of the or mitigating insects, fungi, rodents, or crowded.
person for whom the economic poison notbobscured weeds or other pests; and Names of ingredients. The well2 Is present in the product in an was manufactured appears on the label, known common name of the ingredient it must be qualified by appropriate word amount sufficient to add materially to its ing such as Packed for , must be given or, if the ingredient has effectiveness; and no common name, the correct chemical or Sold 3 Is not antagonistic to the activity Distributed by
name. If there is no common name and by

, to show that the name of the principal active ingredient;
the chemical composition is unknown or Provided, however, That the Director is not that of the manufacturer. When complex, the Director may permit the a person manufactures an economic may require an ingredient to be desig use of a new or coined name which he nated as an active ingredient if, in his poison in two or more places or in a finds to be appropriate for the informa place different from the manufacturers opinion, it sufficiently increases the effec tion and protection of the user. If the tiveness of the economic poison to war principal office, the actual place of use of a new or coined name is permitted, manufacture of each particular package rant such action.
not be stated on the label except the Director may prescribe the terms if Rodent. Rodent means any need when, under the special circumstances under which it may be used. A trade animal of the order Rodentia, including, existing, the failure to name it may be mark or trade name maV not be used as but not limited to, rats, mice, rabbits, misleading to the public. The address the name of an ingredient except when it gophers, prairie dogs and squirrels.
has become a common name.
of the manufacturer, registrant or perg Official investigator. Official in c Percentages of ingredients. Per sdn for whom manufactured shall in vestigator means any employee or agent the street address, if any, unless centages of ingredients shall be deter of the Department of Agriculture or the clude the street address is shown in a current mined by weight and the sum of the per Treasury Department authorized by the city centages of the ingredients shall be 100.
directory or telephone directory.
Director or by the Secretary of the c Name, brand or trademark of Sliding scale forms of ingredient state Treasury to make investigations in con economic poison. The name, brand or ments shall not be used.
nection with enforcement of the act.
d Designation of ingredients. 1
trademark of the economic poison ap Active ingredients and inert ingredients 162.3 Administration. The Direc pearing on the label shall be that under shall be so designated, and the term tor is authorized to take such action as, which the economic poison is registered.
d Net content. 1 The net content inert ingredients shall appear in the in his discretion, may be necessary in the same size type and be equally as promi administration and enforcement of the shall be exclusive of wrappers or other nent as the term active ingredients.
material, and shall be deemed to be act and the regulations in this part.
2 If the name but not the percent average content unless stated as a mini age of each active ingredient is given, 162.4 Language to be used. All mumquantity.
2 Net content shall be stated in the the names of the active and inert in statements, words and other information gredients shall, respectively, be shown required by the act or the regulations in terms of weight or measure in general
CODIFICATION GUIDE Con.