As used in this article 10, unless the context
otherwise requires:
(1) Certified operator means an individual who applies any restricted-use
pesticides for a commercial applicator, registered limited commercial applicator, or
registered public applicator, without the on-site supervision of a qualified
supervisor and that should be licensed pursuant to section 35-10-114.
(2) Commercial applicator means any person, other than a private
applicator, who engages in the business of applying pesticides for hire or operating
a device for hire that is designated by the commissioner as requiring licensure for
use under this article.
(3) Commissioner means the commissioner of agriculture.
(4) Department means the department of agriculture.
(5) Device means any instrument or contrivance, other than a firearm,
intended for trapping, destroying, repelling, or mitigating any pest or any other
form of plant or animal life, other than humans and other than bacteria, viruses, or
other microorganisms on or in living humans or other living animals; except that
device does not include equipment used for the application of pesticides when
sold separately from a device.
(6) EPA means the United States environmental protection agency.
(7) General-use pesticide means any pesticide so designated by the
commissioner or the administrator of the EPA.
(8) Limited commercial applicator means any person engaged in applying
pesticides in the course of conducting a business other than the production of any
agricultural commodity; except that such application shall be only in or on property
owned or leased by the person or the person's employer.
(8.5) Local government means a county, home rule county, city, town, city
and county, home rule city, special district, or other political subdivision of the
state.
(9) Pest means any insect, rodent, nematode, fungus, weed, or other form
of terrestrial or aquatic plant or animal life or virus, bacteria, or other
microorganism, except viruses, bacteria, or other microorganisms on or in living
humans or in other living animals, that the commissioner or the administrator of the
EPA declares to be a pest.
(10) Pesticide means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest or any substance or
mixture of substances intended for use as a plant regulator, defoliant, or desiccant;
except that the term pesticide shall not include any article that is a new animal
drug as designated by the United States food and drug administration.
(11) Plant regulator means any substance or mixture of substances
intended, through physiological action, for accelerating or retarding the rate of
growth or rate of maturation or for otherwise altering the behavior of plants or the
produce thereof; except that plant regulator shall not include substances to the
extent that they are intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants, and soil amendments. Also, plant regulator shall not
be required to include any of those nutrient mixtures or soil amendments which are
commonly known as vitamin-hormone horticultural products, intended for
improvement, maintenance, survival, health, and propagation of plants, which are
not for pest destruction and which are nontoxic and nonpoisonous in the undiluted
packaged concentration.
(11.5) Private applicator means any person who uses or supervises the use
of a pesticide for purposes of producing any agricultural commodity on property
owned or leased by the applicator or the applicator's employer or, if the pesticide is
applied without compensation other than trading of personal services between
producers of agricultural commodities, on the property of another person.
(12) Public applicator means any agency of the state, any county, city and
county, or municipality, or any other local governmental entity or political
subdivision which applies pesticides.
(13) Qualified supervisor means any individual who, without supervision,
evaluates pest problems or recommends pest controls using pesticides or devices
that require licensure under this article for use; mixes, loads, or applies any
pesticide; sells pesticide application services; operates devices that require
licensure under this article for use; or supervises others in any of these functions.
(14) Restricted-use pesticide means any pesticide designated as a
restricted- or limited-use pesticide by the commissioner or as a restricted-use
pesticide by the administrator of the EPA.
(15) (a) Technician means any individual who:
(I) Uses, under the supervision of a qualified supervisor, a device that
requires licensure under this article for use;
(II) Mixes, loads, or applies general-use pesticides under the supervision of a
qualified supervisor, mixes or loads restricted-use pesticides under the supervision
of a qualified supervisor, or applies restricted-use pesticides under the on-site
supervision of a qualified supervisor; or
(III) Evaluates pest problems, recommends products or treatments for pest
problems, or sells application services under the supervision of a qualified
supervisor.
(b) Technician does not include any individual whose duties are solely
clerical or janitorial or otherwise completely disassociated from pest control.
(16) Under the on-site supervision of refers to work performed by an
individual acting under the instruction and control of a qualified supervisor who is
present at the work site at the time the work is being performed.
(17) Under the supervision of refers to work performed by an individual
acting under the instruction and control of a qualified supervisor, even if the
qualified supervisor is not physically present at the work site at the time the work is
performed.
(18) Use means:
(a) Pre-application activities involving mixing and loading a pesticide;
(b) Applying the pesticide, including supervising the use of a pesticide by a
noncertified applicator; and
(c) Other pesticide-related activities, including:
(I) Transporting or storing pesticide containers that have been opened;
(II) Cleaning equipment; and
(III) Disposing of excess pesticides, spray mix, equipment wash water,
pesticide containers, and other pesticide-containing materials.