217.544 Definitions for chapter.
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<![CDATA[217.544 Definitions for chapter. As used in this chapter, unless the context requires otherwise: <br>(1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, or desiccant, or as <br>a functioning agent in a spray adjuvant; (2) "Adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on its labeling or under which it is sold, <br>or if any substance has been substituted wholly or in part for the pesticide, or if any <br>valuable constituent of the pesticide has been wholly or in part abstracted; (3) "Animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish; (4) "Antidote" means the most practical immediate treatment in case of poisoning and includes first-aid treatment; (5) "Board" means the Pesticide Advisory Board; <br>(6) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission; (7) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissue; (8) "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 <br>of plant or animal life other than man and other bacteria, virus, or other <br>microorganisms on or in living man or other living animals; but not including <br>equipment used for the application of pesticides when sold separately therefrom; (9) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having received, deliver or offer to deliver pesticides in <br>this state; (10) "Environment" includes water, air, land, and all plants and man and other animals living therein and the interrelationships which exist among these; (11) "EPA" means the United States Environmental Protection Agency; <br>(12) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act as amended; (13) "Fungi" means all nonchlorophyll-bearing thallophytes; that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts, as for example, rusts, <br>smuts, mildews, molds, yeasts, bacteria, and viruses, except those on or in living <br>man or other living animals, and except those in or on processed food, beverages, or <br>pharmaceuticals; (14) "Highly toxic pesticide" means any pesticide determined to be highly toxic under the authority of sec. 25(c)(2) of FIFRA or by the department under this chapter; (15) "Imminent hazard" means a situation which exists when the continued use of a pesticide would likely result in unreasonable adverse effects on the environment or <br>will involve unreasonable hazard to the survival of a species declared endangered by the secretary of the United States Department of Interior under Pub. L. 91-135 of <br>the United States Congress; (16) "Inert ingredient" means an ingredient which is not an active ingredient; <br>(17) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide <br>and, when the pesticide contains arsenic in any form, a statement of the percentage <br>of total and water-soluble arsenic, each stated as elemental arsenic; (18) "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 <br>insecta, comprising six (6) legged, usually winged forms, as for example, beetles, <br>bugs, bees, flies, and to other allied classes of arthropods whose members are <br>wingless and usually have more than six (6) legs, as, for example, spiders, mites, <br>ticks, centipedes, and wood lice, also nematodes and other invertebrates which are <br>destructive, constitute a liability, and may be classed as pests; (19) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device, or to any of its containers or wrappers; (20) "Labeling" means the label and other written, printed, or graphic matter: (a) On the pesticide or device, or any of its containers or wrappers; <br>(b) Accompanying the pesticide or device at any time or referring to it in any other media used to disseminate information to the public; and (c) To which reference is made on the label or in the literature accompanying the pesticide or device, except when accurate nonmisleading reference is made to <br>current official publications of the United States Environmental Protection <br>Agency, the Departments of Agriculture and Interior, the Department of <br>Health, Education and Welfare, and other similar federal institutions, the <br>College of Agriculture, University of Kentucky, Kentucky Agricultural <br>Experiment Station, Cabinet for Health and Family Services, Energy and <br>Environment Cabinet, or other agencies of this state or other states when such <br>agencies are authorized by law to conduct research in the field of pesticides; (21) "Land" means all land and water areas, including air space and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto, or situated <br>thereon, fixed or mobile, including any used for transportation; (22) "Misbranded" means a pesticide is misbranded if: (a) Its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (b) It is an imitation of or is distributed under the name of another pesticide; <br>(c) The labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and, if <br>complied with, together with any requirements imposed under section 3(d) of <br>FIFRA are adequate to protect health and the environment; (d) The labeling does not contain a statement of the use classification under which the product is registered by EPA; (e) The label does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed <br>under section 3(d) of FIFRA, is adequate to protect health and the <br>environment; (f) The label does not bear an ingredient statement on that part of the immediate container, and on the outside container or wrapper, if there be one, through <br>which the ingredient statement on the immediate container cannot be clearly <br>read, of the retail package which is presented or displayed under customary <br>conditions of the purchase; provided, that the ingredient statement may appear <br>prominently on another part of the container pursuant to section 2(q) 2(A) (i) <br>(ii) of FIFRA if the size and form of the container makes it impractical to <br>place it on that part of the retail package which is presented or displayed under <br>customary conditions of purchase; (g) Any word, statement, or other information required by KRS 217.542 to 217.630 or FIFRA to appear on the label or labeling is not prominently placed <br>thereon with such conspicuousness, as compared to other words, statements, <br>designs, or graphic matter in the labeling, and in such terms as to render it <br>likely to be read and understood by the ordinary individual under customary <br>conditions of purchase and use; (h) The label does not bear the name, brand, or trademark under which the pesticide is distributed; (i) The label does not bear the net weight or measure of the content; <br>(j) The label does not bear the name and address of the manufacturer, registrant, or person for whom manufactured; and (k) The label does not bear the EPA registration number assigned to each establishment in which the product is produced and the EPA number assigned <br>to the pesticide, if required by regulation under FIFRA; (23) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like <br>bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may <br>also be called nemas or eelworms; (24) "Person" means any individual, partnership, association, or any organized group of persons whether incorporated or not; (25) "Pest" means any insect, snail, slug, rodent, nematode, fungus, weed, and any other form of plant or animal life, or virus, bacteria, or other microorganism, except <br>viruses, bacteria, or other microorganisms on or in living man or other living <br>animals, which is normally considered to be a pest, or which the department may <br>declare to be a pest; (26) "Pesticide" means any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest; any substance or mixture of <br>substances intended to be used as a plant regulator, defoliant, or desiccant; and any <br>substance or mixture of substances intended to be used as a spray adjuvant; (27) "Plant regulator" means any substance or mixture of substances, intended through physiological actions, to accelerate or retard the rate of growth or maturation, or to <br>otherwise alter the behavior of plants, but shall not include substances insofar as <br>they are intended to be used as plant nutrients, trace elements, nutritional chemicals, <br>plant inoculants, or soil amendments; (28) "Protect health and the environment" means protection against any unreasonable adverse effects on the environment; (29) "Registrant" means a person who has registered any pesticide pursuant to the provisions of KRS 217.542 to 217.630; (30) "Restricted-use pesticide" means any pesticide classified for restricted use by the administrator, EPA, or by regulation of the department; (31) "Spray adjuvant" means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent <br>intended to be used with any other pesticide as an aid to the application or to the <br>effect thereof, and which is in a package or container separate from that of the other <br>pesticide with which it is to be used; (32) "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and <br>environmental costs and benefits of the use of any pesticide; (33) "Weed" means any plant which grows where not wanted; and <br>(34) "Wildlife" means all living things that are neither human, domesticated, nor as defined in KRS 217.542 to 217.630, pests, including but not limited to mammals, <br>birds, and aquatic life. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 323, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 517, effective June 20, 2005. -- Amended 1998 Ky. Acts <br>ch. 426, sec. 461, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 295, <br>sec. 49, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 200, sec. 3. ]]>