217B.040 Definitions for chapter.
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<![CDATA[217B.040 Definitions for chapter. For the purposes of this chapter, unless the context requires otherwise: <br>(1) "Pest" means: (a) Any insect, snail, slug, rodent, nematode, fungus, weed; or <br>(b) Any other form of plant or animal life, or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in <br>living man or other living animals, which is normally considered to be a pest, <br>or which the department declares to be a pest; (2) "Pesticide" means: (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest; (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; or (c) Any substance or mixture of substances intended to be used as a spray adjuvant, once they have been mixed with an EPA registered product; (3) "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; (4) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues; (5) "Plant regulator" means any substance or mixture of substances intended through physiological action 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; (6) "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, wasps, and flies, and includes other allied classes of arthropods whose <br>members are wingless and usually have more than six (6) legs, as for example <br>spiders, mites, ticks, centipedes, and wood lice, and also nematodes and other <br>worms, and any other invertebrates which are destructive, constitute a liability, and <br>may be classed as pests; (7) "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; (8) "Fertilizer" means any substance containing one (1) or more recognized plant nutrients, which is used for its plant nutrient content and which is designed for use <br>or claimed to have value in promoting plant growth, except unmanipulated animal <br>and vegetable manures, marl, lime, limestone, wood ashes, and other products <br>exempted by administrative regulation; (9) "Weed" means any plant which grows where not wanted; <br>(10) "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, and <br>may also be called nemas or eelworms; (11) "Snails or slugs" include all harmful mollusks; <br>(12) "Person" means any individual, partnership, association, or any organized group of persons whether incorporated or not; (13) "Equipment" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply <br>any pesticide on land and anything that may be growing, habitating, or stored on or <br>in the land, but shall not include any pressurized hand-sized household device used <br>to apply any pesticide; (14) "Restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA, or by administrative regulation of the department; (15) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, devices, and contrivances and machinery appurtenant to or <br>situated on them, fixed or mobile, including any used for transportation; (16) "Pesticide applicator" means any individual employed or supervised by a pesticide operator to apply pesticides. The term does not include trainees; (17) "Pesticide operator" means any individual who owns or manages a pesticide application business that is engaged in the business of applying pesticides upon the <br>lands of another; (18) "Pest control consultant" means any person who, for a fee, offers or supplies technical advice, supervision, or aid, or recommends the use of specific pesticides <br>for the purpose of controlling insect pests, plant diseases, weeds, and other pests; (19) "Noncommercial applicator" means any individual employed by golf courses, municipal corporations, public utilities, or other governmental agencies making <br>applications of pesticides to lands owned, occupied, or managed by his or her <br>employer; (20) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this chapter, pests; including, but not limited to mammals, birds, and <br>aquatic life; (21) "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 any pesticides <br>in this state excepting internal distribution within a company or organization; (22) "EPA" means the United States Environmental Protection Agency; <br>(23) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device or to any of its containers or wrappers; (24) "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 effect of it, and which is in a package or container separate from that of the other <br>pesticide with which it is to be used; (25) "Commissioner" means the Commissioner of the Department of Agriculture; <br>(26) "Dealer" means any person that engages in the storage of bulk fertilizer or a restricted use pesticide for the purpose of redistribution or direct resale, or engages <br>in the business of applying any pesticide to the lands of another. A "dealer" shall not <br>include a manufacturer of a restricted use pesticide or a fertilizer who distributes his <br>or her product solely to a dealer; (27) "Trainee" means an individual who has been employed by a dealer and is working under the direct on-the-job supervision of a licensed operator or applicator; (28) "Direct on-the-job supervision" means having a licensed operator or licensed applicator physically on site and directly supervising or training an individual in the <br>application of a pesticide; (29) "Branch office" means any location of a dealer other than its designated principal place of business location, but does not include on-premises and off-premises bulk <br>storage or receiving warehouses used solely for the purpose of customer order <br>filling; (30) "Applicant" means a person applying for a license or registration under this chapter; <br>(31) "Pesticide sales agent" means an individual who sells or distributes restricted use pesticides or an individual who sells and makes recommendations for the use or <br>application of pesticides to the final user; (32) "Limited license" means a license that is issued by the department for noncommercial use, and shall be valid only when an individual is making <br>applications of pesticides to lands owned, occupied, or managed by his or her <br>employer; and (33) "Certified crop advisor" means an individual who has met the requirements of and has been certified by the Kentucky Certified Crop Advisor Board. Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 172, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 171, sec. 3, effective July 15, 1996. -- Amended 1992 Ky. Acts <br>ch. 250, sec. 1, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 148, sec. 3. -- <br>Created 1972 Ky. Acts ch. 130, sec. 4. ]]>