Marvin Mandel, Governor                           661

vertebrate animals, or vegetation to which it is applied, or to the
person applying such pesticide: Provided, That physical or physio-
logical effects on plant or parts thereof shall not be deemed to be
injury, when this is the purpose for which the plant regulator, de-
foliant, or desiccant was applied, in accordance with the label claims
and recommendations.

(v) The term "nematode" means invertebrate animals of the
Phylum Nemathelminthes and class Nematoda, that is, unsegmented
round worms with elongated, fusiform or saclike bodies covered with
cuticle, and inhabiting soil, water, plants, or plant parts; may also
be called nemas or eelworms.

(w) The term "plant regulator" means any substance or mixture
of substances, intended through physiological action, for acceler-
ating or retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of ornamental or crop plants or the
produce thereof, but shall not include substances to the extent that
they are intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants and soil amendments.

(x) The term "defoliant" means any substance or mixture of
substances intended for causing the leaves or foliage to drop from a
plant, with or without causing abscission.

(y) The term "desiccant" means any substance or mixture of
substances intended for artificially accelerating the drying of plant
tissues.

131. Prohibited Acts.

(a) It shall be unlawful for any person to distribute, sell, or offer
for sale within this State or deliver for transportation or transport
in intrastate commerce or between points within this State through
any point outside this State any of the following:

(1)    any pesticide which has not been registered pursuant to the
provisions of Section 132 of this subtitle, or any pesticide if any of
the claims made for it or any of the directions for its use differ in
substance from the representations made in connection with its regis-
tration, or if the composition of a pesticide differs from its composi-
tion as represented in connection with its registration; provided, that
in the discretion of the State Chemist, a change in the labeling [or
formula of a pesticide may be made within a registration period
without requiring re-registration of the product.] other than prod-
uct name and formulation of any pesticide may be made within a
registration period without requiring re-registration of the product.

(2)    any pesticide unless it is in the registrant's or the manufac-
turer's unbroken immediate container, and there is affixed to such
container, and to the outside container or wrapper of the retail pack-
age, if there be one through which the required information on the
immediate container cannot be clearly read, a label bearing—

(I)    the name and address of the manufacturer, registrant, or
person for whom manufactured;

(II)    the name, brand, or trade mark under which said article is
sold; and