Sec. 23-61a. Definitions. Tree Protection Examining Board. Regulations.
Sec. 23-61a. Definitions. Tree Protection Examining Board. Regulations. (a)
As used in sections 23-61a to 23-61f, inclusive, "arboriculture" means any work done
for hire to improve the condition of fruit, shade or ornamental trees by feeding or fertilizing, or by pruning, trimming, bracing, treating cavities or other methods of improving
tree conditions, or protecting trees from damage from insects or diseases or curing these
conditions by spraying or any other method; "arborist" means one who is qualified to
perform arboriculture and is licensed by the Commissioner of Environmental Protection
as provided in section 23-61b; "board" means the State Tree Protection Examining
Board established under subsection (b); "fungicide" means any substance or mixture
of substances intended for preventing, destroying, repelling or mitigating any fungus;
"fungus" means any non-chlorophyll-bearing thallophyte; that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts; for example, rusts, smuts,
mildews, molds and yeast, except those on or in any living human or other vertebrate
animal; "herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed; "insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually
winged forms, as for example, beetles, bugs, bees, flies and to other allied classes of
arthropods whose members are wingless and usually have more than six legs, as for
example, spiders, mites, ticks, centipedes and wood lice; "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating insects; "plant regulator" means any substance or mixture of substances determined
to be a plant regulator under chapter 441; "pesticide" means any substance or mixture
of substances determined to be a pesticide under said chapter; "weed" means any plant
which grows where not wanted.
(b) There shall be in the Department of Environmental Protection a State Tree Protection Examining Board which shall consist of the plant pathologist and forester of the
Connecticut Agricultural Experiment Station, who shall serve as ex-officio members,
and five electors of the state, three of whom shall be public members, and two of whom
shall be licensed, practicing arborists to be appointed by the Governor. Any vacancy in
the appointed membership of the board shall be filled by the Governor for the unexpired
portion of the term.
(c) The board shall have a seal and, in any proceeding in court, a certificate under
such seal shall be bona fide evidence of any proceeding or action by or before the board
stated in such certificate. A majority of members acting as a board shall constitute a
quorum for the transaction of business.
(d) Repealed by P.A. 82-419, S. 46, 47.
(e) The Commissioner of Environmental Protection, with the advice and assistance
of the board, may adopt such regulations as are necessary for the purpose of giving
examinations, issuing and renewing licenses, inspection of work or revocation of licenses.
(1967, P.A. 587, S. 1, 2, 3(k); P.A. 73-540, S. 22, 28; P.A. 77-206, S. 1-3; 77-614, S. 216, 610; P.A. 82-419, S. 46, 47;
P.A. 98-229, S. 1.)
History: P.A. 73-540 defined "fungicide", "fungus", "herbicide", "insect", "insecticide", "plant regulator", "pesticide"
and "weed"; P.A. 77-206 made definition formerly applicable to "custom tree work" applicable to "arboriculture" and
defined "arborist"; P.A. 77-614 placed tree protection examining board within the department of consumer protection,
changed membership by replacing entomologist and commissioner of agriculture with two additional electors and specifying that three shall be public members and deleted appointment provisions concerning initial members in Subsec. (b),
deleted provision for election of chairman, vice-chairman and secretary-treasurer and for appointment of deputies to act
for ex-officio members in examination of applicants and inspection of field work in Subsec. (c), deleted provision requiring
board of control of Connecticut Experiment Station to perform fiscal duties of examining board and to provide clerical
assistance in Subsec. (d) and transferred regulatory power for board to commissioner of consumer protection in Subsec.
(e), effective January 1, 1979; P.A. 82-419 repealed Subsec. (d) which had specified that members receive reimbursement
for expenses but no compensation as such; P.A. 98-229 amended Subsec. (a) to provide for licensure of arborists by the
Commissioner of Environmental Protection, amended Subsec. (b) to assign the State Tree Protection Examining Board to
the Department of Environmental Protection and amended Subsec. (e) to authorize the Commissioner of Environmental
Protection to adopt regulations under this section.
See title 2c re termination under "Sunset Law".
See Sec. 4-9a for definition of "public member".
See Secs. 21a-6 to 21a-10, inclusive, re control, powers and duties of boards within Department of Consumer Protection.