§ 35-7-354 — Definitions

Wyoming § 35-7-354

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 7: FOOD AND DRUGS
• Art. 3: ADULTERATING OR MISBRANDING

Text

(a) "Applicator" or "operator" means:
(i) "Certified applicator" means any individual who
is certified by the director as being competent with respect to
the use and handling of pesticides, or of the use and handling
of the pesticide or class of pesticides covered by the
individual's certification;
(ii) "Commercial applicator" means a certified
applicator (whether or not he is a private applicator with
respect to some uses) who uses or supervises the use of any
pesticide which is classified for restricted use for any purpose
or on any property other than as provided by paragraph (a)(iii)
of this subsection;
(iii) "Private applicator" means any certified
applicator who uses or supervises the use of any restricted use
pesticide which is restricted to use by certified applicators
and only for purposes of producing any agricultural commodity on
property owned by him or his employer or under his control or
(is applied without compensation other than trading of personal
services between producers of agricultural commodities) on the
property of another person.
(b) "Board of agriculture" means that body established by
law under W.S. 11-2-102.
(c) "Device" means any instrument or contrivance (other
than a firearm) which is intended for trapping, destroying,
repelling, or mitigating any pest or any other form of plant or
animal life (other than man, or bacteria, virus, or other
microorganism on or in living man or other living animals) but
does not include equipment used for the application of
pesticides when sold separately therefrom.
(d) "Pesticide" means:
(i) Any substance or mixture of substances intended
for preventing, destroying, repelling, or mitigating any pests;
(ii) Any substance or mixture of substances intended
for use as a plant regulator, defoliant, or desiccant;
(iii) Any substance or mixture of substances intended
to be used as a spray adjuvant; and
(iv) Any other pesticide product or substance whether
general use, restricted use, registered, suspended or cancelled,
which by the label or portions thereof clearly show it is used
or has been used as a pesticide.
(e) "Restricted use pesticide" means any pesticide
product, the label of which states "restricted use" as required
for registration by the environmental protection agency under
the federal Insecticide, Fungicide and Rodenticide Act of 1972,
as amended.
(f) "Dealer" or "distributor" means any person who
imports, consigns, distributes, offers to sell or sells, barters
or otherwise supplies pesticides in this state. A dealer or
distributor may also be a registrant.
(g) "Director" means the director of the department of
agriculture or his authorized agent.
(h) "Label" means a display of written, printed or graphic
matter upon or affixed to the immediate container of any
pesticide, or a reference within such display to other
information.
(j) "Official sample" means any sample of a pesticide,
degradate or residue taken by and designated as official by the
director.