I don't think anyone could argue that the use of sodium cyanide as a pesticide would not have unreasonable adverse effects on the environment. This is why its is use falls under the EPA's regulatory authority. It is also exactly why it is not registered for use as a pesticide. It is clearly not an applicable comparison.
I have no argument with your application of the EPA's definition of a pesticide as anything you stuff into your smoker. From Title 7 of the US Agriculture code:
The term pest means
(1) any insect, rodent, nematode, fungus, weed...
The term pesticide means
(1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest...
Technically, based on this general definition of pests and pesticides, the use of any smoke could be considered using an unregistered pesticide since we are using it to repel or mitigate the bees when we manage a hive. However, it clearly does not have any unreasonable adverse effect on the environment and therefore does not warrant any kind of regulation. As has been stated before in this thread it is absolutely silly to attempt to use this code to justify your position that the use of sumac smoke to mitigate mites is illegal because you are using an unregistered pesticide. Using this logic, since cement is not registered with the EPA for use as a pesticide (I actually used the National Pesticide Information Retrieval System to verify this), pouring a 20x20 cement slab under your beehives to control the pupation of SHB would be in violation of the law. Heck, the use of a cement slab to keep termites out of our homes would also be in violation of the law. This absolutely borders on the ridiculous.
The use by special interest groups of this type of mis-interpretation of laws based on the technical definition instead of the context for which the law was created in order to further their own agenda is exactly what has perpetuated the "joke" that is the current state of the legal system in this country.
[size="1"][ July 05, 2006, 09:49 AM: Message edited by: Gene Weitzel ][/size]
"The UNKNOWN, huh? That would be SNORBERT ZANGOX over in Waycross."