§ 33-0101 — Definitions

§ 33-0101. Definitions.\n 1. "Active ingredient" means:\n a. In the case of a pesticide other than a plant regulator, defoliant\nor desiccant, an ingredient which will prevent, destroy, repel, or\nmitigate insects, fungi, rodents, weeds, or other pests.\n b. In the case of a plant regulator, an ingredient which, through\nphysiological action, will accelerate or retard the rate of growth or\nrate of maturation or otherwise alter the behavior of ornamental or crop\nplants or their produce.\n c. In the case of a defoliant, an ingredient which will cause the\nleaves or foliage to drop from a plant.\n d. In the case of a desiccant, an ingredient which will artificially\naccelerate the drying of plant tissue.\n 2. "Adulterated" shall apply to any pesticide if its strength or\npurity falls below the professed standard or quality as expressed on\nlabeling or under which it is sold, or if any substance has been\nsubstituted wholly or in part for the article, or if any valuable\nconstituent of the article has been wholly or in part abstracted.\n 3. "Affected area" means the area defined in a petition for the\nprotection of a grape growing area.\n 4. "Agency" means any state agency; municipal corporation; public\nauthority; college, as that term is defined in the education law;\nrailroad, as that term is defined in the railroad law; or telegraph,\ntelephone, telegraph and telephone, pipeline, gas, electric, or gas and\nelectric corporation as those terms are defined in the transportation\ncorporations law, which applies pesticides.\n 5. "Agricultural commodity" means any plant or part thereof, or\nanimal, or animal product, produced by a person (including farmers,\nranchers, vineyardists, plant propagators, Christmas tree growers,\naquaculturists, floriculturists, orchardists, foresters or other\ncomparable persons) primarily for sale, consumption, propagation or\nother use by man or animals.\n 6. "Aircraft" means any contrivance now known, or hereafter invented,\nused or designed for navigation of, or flight in, the air.\n 7. "Antidote" means the most practical immediate treatment in case of\npoisoning and includes first-aid treatment.\n 8. "Application of pesticide" means any application of pesticides by\naircraft or ground equipment.\n 9. "Business registration" means the requirement of each person or\nbusiness providing services of commercial application of pesticides,\neither entirely or as part of the business, to register with the\ndepartment.\n 10. "Certified applicator" means any individual who is certified to\nuse or supervise the use of any pesticide in any category of use covered\nby his certification.\n 11. "Commercial application" means any application of any pesticide\nexcept as defined in private or residential application of pesticides.\n 12. "Defoliant" means any substance or mixture of substances intended\nfor causing the leaves or foliage to drop from a plant, with or without\ncausing abscission.\n 13. "Degradation" means the decomposition of a compound by stages,\nexhibiting well-defined intermediate products.\n 14. "Desiccant" means any substance or mixture of substances intended\nfor artificially accelerating the drying of plant tissue.\n 15. "Development" means natural and normal growth before harvest.\n 16. "Experimental use permit" means a permit issued to an applicant\nfor the use of a limited amount of a pesticide not registered pursuant\nto this article to accumulate data necessary to apply to register the\npesticide.\n 17. "Fungi" means all non-chlorophyll-bearing thallophytes (that is,\nall non-chlorophyll-bearing plants of a lower order than mosses and\nliverworts) as, for example, rusts, smuts, mildews, molds, yeast, and\nbacteria, except those on or in living man or other animals.\n 18. "Fungicide" means any substance or mixture of substances intended\nfor preventing, destroying, repelling, or mitigating any fungi.\n 19. "General use pesticide" means a pesticide which does not meet the\nstate criteria for a restricted pesticide as established under authority\nof section 33-0303 of this article.\n 20. "Grape grower" means a producer of grapes for profit.\n 21. "Grape vineyard" means lands upon which grapevines are maintained\nand harvested for profit.\n 22. "Ground equipment" means any machine or device (other than\naircraft) for use on land or water, designed for, or adaptable to use in\napplying pesticide as spray, dust, aerosol, fog, or in any other form.\n 23. "Herbicide" means any substance or mixture of substances intended\nfor preventing, destroying, repelling, or mitigating any weed.\n 24. "Insect" means any of the numerous small invertebrate animals\ngenerally having the body more or less obviously segmented, for the most\npart belonging to the class Insecta, comprising six-legged, usually\nwinged forms, as, for example, beetles, bugs, bees, flies, and to other\nallied classes of arthropods whose members are wingless and usually have\nmore than six legs, as, for example, spiders, mites, ticks, centipedes,\nand wood lice, except those on or in living man. This term shall also\ninclude hematodes.\n 25. "Inert ingredient" means an ingredient which is not an active\ningredient.\n 26. "Ingredient statement" means either:\n a. A statement of the name and percentage of each active ingredient,\ntogether with the total percentage of the inert ingredients, in the\npesticide; and\n b. If the pesticide contains arsenic in any form, a statement of the\npercentage of total and water soluble arsenic, each calculated as\nelemental arsenic.\n 27. "Insecticide" means any substance or mixture of substances\nintended for preventing, destroying, repelling, or mitigating any\ninsects which may be present in any environment whatsoever, except those\non or in living man.\n 28. "Label" means the written, printed, or graphic matter on, or\nattached to, the pesticide, or its immediate container and any outside\ncontainers or wrappers.\n 29. "Labeling" means all labels and other written, printed, or graphic\nmatter:\n a. Upon the pesticide or any of its containers or wrappers;\n b. Accompanying the pesticide at any time;\n c. To which reference is made on the label or in literature\naccompanying the pesticide, except when accurate, non-misleading\nreference is made to current official publications of the United States\nDepartment of Agriculture or Interior, the United States Public Health\nService, state agricultural experiment stations, state colleges of\nagriculture, or other similar federal institutions or official agencies\nof this state or other states authorized by law to conduct research in\nthe field of pesticides.\n 30. "Major source of agricultural income" means that the producers of\ngrapes within the affected area obtain at least ten percent of their\ngross income as a group in any five year period from the production of\ngrapes.\n 31. "Metabolite" means any of the various organic compounds produced\nby metabolism.\n 32. "Misbranded" shall apply to any pesticide:\n a. If its labeling bears any statement, design, or graphic\nrepresentation relative thereto or to its ingredients which is false or\nmisleading in any particular;\n b. If it is an imitation of or is offered for sale under the name of\nanother pesticide; or if its labeling bears any reference to\nregistration under this article;\n c. If the labeling accompanying it does not contain instructions for\nuse which are necessary and, if complied with, adequate for the\nprotection of the public;\n d. If the label does not contain a warning or caution statement which\nmay be necessary and, if complied with, adequate to prevent injury to\nhealth and the environment;\n e. If the label is not visible and readable on the outside of the\nmarketing package which is presented or displayed under customary\nconditions of purchase;\n f. If any word, statement, or other information required by or under\nthe authority of this article to appear on the labeling is not\nprominently placed thereon with such conspicuousness (as compared with\nother words, statements, designs, or graphic matter in the labeling) and\nin such terms as to render it likely to be read and understood by the\nordinary individual under customary conditions of purchase and use;\n g. If in the case of an insecticide, fungicide, or herbicide, when\nused as directed or in accordance with commonly recognized practice, it\nshall be injurious to living man or other vertebrate animals or\nvegetation, except weeds, to which it is applied, or to the person\napplying such pesticide; or\n h. If in the case of a plant regulator, defoliant, or desiccant when\nused as directed it shall be injurious to living man or other vertebrate\nanimals, or vegetation to which it is applied, or to the person applying\nsuch pesticide; provided, that physical or physiological effects on\nplants or parts thereof shall not be deemed injurious, when this is the\npurpose for which the plant regulator, defoliant, or desiccant was\napplied, in accordance with the label claims and recommendations.\n i. If its labeling in any other way fails to conform to the labeling\nrequirements of the Federal Insecticide, Fungicide, and Rodenticide Act\nof 1972, as amended.\n 33. "Person" means any individual, partnership, association,\ncorporation, organized group of persons whether incorporated or not,\nprivate or public authority, state government or agency, political\nsubdivision, governmental agency or any other legal entity whatever.\n 34. "Pest" means (1) any insect, rodent, fungus, weed, or (2) any\nother form of terrestrial or aquatic plant or animal life or virus,\nbacteria or other micro-organism (except viruses, bacteria or other\nmicro-organisms on or in living man or other living animals) which the\ncommissioner declares to be a pest.\n 35. "Pesticide" means:\n a. Any substance or mixture or substances intended for preventing,\ndestroying, repelling, or mitigating any pest; and\n b. Any substance or mixture of substances intended for use as a plant\nregulator, defoliant or desiccant.\n 36. "Pesticide business" means any person providing commercial\napplication of pesticides for hire.\n 37. "Plant regulator" means any substance or mixture of substances,\nintended through physiological action, for accelerating or retarding the\nrate of growth or rate of maturation, or for otherwise altering the\nbehavior of ornamental or crop plants or their produce, but shall not\ninclude substances to the extent that they are intended as plant\nnutrients, trace elements, nutritional chemicals, plant inoculants, and\nsoil amendments.\n 38. "Private application" means any application of any pesticide for\nthe purpose of producing an agricultural commodity\n a. on property owned or rented by the applicator or the applicator's\nemployer, or\n b. if applied without compensation other than the barter of personal\nservices between producers of agricultural commodities, on property\nowned or rented by a party to such a barter transaction.\n 39. "Proximity" means a radial distance of two miles from the site of\ndamage to grape vineyards.\n 40. "Registrant" means the person registering any pesticide pursuant\nto the provisions of this article.\n 41. "Residential application" shall mean the application of general\nuse pesticides by ground equipment on property owned or leased by the\napplicator, excluding any establishment selling or processing food and\nany residential structure other than the specific dwelling unit in which\nthe applicator resides.\n 42. "Restricted use pesticide" means a pesticide, as defined in this\narticle and determined as provided in section 33-0303:\n a. Which (1) either (a) persists in the environment, or (b)\naccumulates as either the pesticide per se, a pesticide metabolite, or a\npesticide degradation product in plant or animal tissue or product, and\nis not excreted or eliminated within a reasonable period of time, and\nwhich may be transferred to other forms of life; and (2) which by virtue\nof such persistence or accumulation creates a present or future risk of\nharmful effects on any organism other than the target organisms; or\n b. Which the commissioner finds is so hazardous to man or other forms\nof life that restrictions on its sale, purchase, use, or possession are\nin the public interest.\n 43. "Rodenticide" means any substance or mixture of substances\nintended for preventing, destroying, repelling, or mitigating rodents or\nany other vertebrate animals which the commissioner shall declare to be\na pest.\n 44. "Target organisms" means those organisms which the pesticide is\nintended to inhibit or destroy pursuant to its registered labeled usage.\n 45. "Weed" means any plant which grows where not wanted.\n 46. "Commercial lawn application" means the application of pesticide\nto ground, trees, or shrubs on public or private outdoor property. For\nthe purposes of this article the following shall not be considered\ncommercial lawn application:\n a. the application of pesticide for the purpose of producing an\nagricultural commodity;\n b. residential application of pesticides;\n c. the application of pesticides around or near the foundation of a\nbuilding for the purpose of indoor pest control;\n d. the application of pesticides by or on behalf of agencies except\nthat agencies shall be subject to visual notification requirements\npursuant to section 33-1003 where such application is within one hundred\nfeet of a dwelling, multiple dwelling, public building or public park;\nand\n e. the application of pesticides on golf courses or turf farms.\n 47. "Major change in labeling" shall mean any new label or labeling or\nany amended label or labeling for a pesticide product which contains an\nactive ingredient previously registered and which (a) results in a major\nchange in the use pattern for the active ingredient; (b) changes the\nclassification of the active ingredient or the product to general use or\nrestricted use; increases the application rate; changes the percent\nconcentration of an active ingredient other than an increase due to\nchanges in methods of analysis; adds a previously-registered active\ningredient or deletes any active ingredient; or (c) any other change\nwhich significantly increases the potential exposure of any non-target\norganism or which increases the potential for a significant impact to\nhumans, property or the environment.\n 48. "Residential lawn application" means the application of general\nuse pesticides to ground, trees or shrubs on property owned by or leased\nto the individual making such application. For the purposes of this\narticle the following shall not be considered residential lawn\napplication:\n a. The application of pesticides for the purpose of producing an\nagricultural commodity;\n b. The application of pesticides around or near the foundation of a\nbuilding for the purpose of indoor pest control;\n c. The application of pesticides by or on behalf of agencies except\nthat agencies shall be subject to visual notification requirements\npursuant to section 33-1003 of this article where such application is\nwithin one hundred feet of a dwelling, multiple dwelling, public\nbuilding or public park; and\n d. The application of pesticides on golf courses or turf farms.\n 49. "Abutting property" shall mean any property which has any boundary\nor boundary point in common with the property on which the pesticide is\nto be applied.\n