§ 23-25-4 - Definitions.
SECTION 23-25-4
§ 23-25-4 Definitions. – As used in this chapter:
(1) "Active ingredient" means any ingredient which willprevent, destroy, repel, control, or mitigate pests, or which will act as aplant regulator, defoliant, or desiccant.
(2) "Adulterated" applies to any pesticide if its strength orpurity falls below the professed standards of quality as expressed on itslabeling under which it is sold, or if any substance has been substitutedwholly or in part for the pesticide, or if any valuable constituent of thepesticide has been wholly or in part abstracted.
(3) "Agricultural commodity" means any plant, or part ofplant, or animal, or animal product, produced by a person (including farmers,ranchers, vineyardists, plant propagators, Christmas tree growers,aquaculturists, floriculturists, orchardists, foresters, or other comparablepersons) primarily for sale, consumption, propagation, or other use by humansor animals.
(4) "Animal" means all vertebrate and invertebrate species,including, but not limited to, man and other mammals, birds, fish, andshellfish.
(5) "Beneficial insects" means those insects which, duringtheir life cycle, are effective pollinators of plants, are parasites orpredators of pests, or are otherwise beneficial.
(6) "Board" means the pesticide advisory board as providedfor under § 23-25.2-3.
(7) "Defoliant" means any substance or mixture of substancesintended for causing the leaves or foliage to drop from a plant with or withoutcausing abscission.
(8) "Desiccant" means any substance or mixture of substancesintended for artificially accelerating the drying of plant tissue.
(9) "Device" means any instrument or contrivance (other thana firearm) which is intended for trapping, destroying, repelling, or mitigatingany pest or any other form of plant or animal life (other than humans and otherthan bacteria, virus, or other micro-organism on or in living humans or otherliving animals) but not including equipment used for the application ofpesticides when sold separately from it.
(10) "Director" means the director of environmentalmanagement.
(11) "Distribute" means to offer for sale, hold for sale,sell, barter, ship, deliver for shipment, or receive and (having so received)deliver or offer to deliver pesticides in this state.
(12) "Environment" includes water, air, land, and all plantsand humans and other living animals in it, and the interrelationships whichexist among these.
(13) "EPA" means the United States Environmental ProtectionAgency.
(14) "FIFRA" means the Federal Insecticide, Fungicide, andRodenticide Act, 7 U.S.C. § 136 et seq., and other legislationsupplementary to it and amendatory of it.
(15) "Fungi" means all nonchlorophyll-bearing thallophytes(that is, all nonchlorophyll-bearing plants of a lower order than mosses andliverworts) as, for example, rusts, smuts, mildews, molds, yeasts, andbacteria, except those in or on living humans or other living animals, andexcept those in or on processed food, beverages, or pharmaceuticals.
(16) "Highly toxic pesticide" means any pesticide determinedto be a highly toxic pesticide under the authority of § 25(c)(2) of FIFRA,7 U.S.C. § 136w(c)(2), or by the director under § 23-25-9(a)(2).
(17) "Imminent hazard" means a situation which exists whenthe continued use of a pesticide during the time required for cancellationproceedings pursuant to § 23-25-8 would likely result in unreasonableadverse effects on the environment or will involve unreasonable hazard to thesurvival of a species declared endangered by the secretary of the interiorunder 16 U.S.C. § 1531 et seq.
(18) "Inert ingredient" means an ingredient which is not anactive ingredient.
(19) "Ingredient statement" means:
(i) Statement of the name and percentage of each activeingredient together with the total percentage of the inert ingredients in thepesticide; and
(ii) When the pesticide contains arsenic in any form, theingredient statement shall also include percentages of total and water solublearsenic, each calculated as elemental arsenic.
(20) "Insect" means any of the numerous small invertebrateanimals generally having the body more or less obviously segmented, for themost part belonging to the class insecta, comprising six (6) legged, usuallywinged forms, as for example, moths, beetles, bugs, bees, flies, and theirimmature stages, and to other allied classes of anthropods whose members arewingless and usually have more than six (6) legs, as for example, spiders,mites, ticks, centipedes, and wood lice.
(21) "Integrated Pest Management (IPM)" refers to a method ofpest control that uses a systems approach to reduce pest damage to tolerablelevels through a variety of techniques, including natural predators andparasites, genetically resistant hosts, environmental modifications and, whennecessary and appropriate, chemical pesticides. IPM strategies rely uponnonchemical defenses first and chemical pesticides second.
(22) "Label" means the written, printed, or graphic matteron, or attached to, the pesticide or device or any of its containers orwrappers.
(23) "Labeling" means the label and all other written,printed, or graphic matter:
(i) Accompanying the pesticide or device at any time; or
(ii) To which reference is made on the label or in literatureaccompanying the pesticide or device, except to current official publicationsof EPA, the United States Departments of Agriculture and Interior, and thedepartment of health and human services; state experiment stations; stateagricultural colleges; and other federal or state institutions or agenciesauthorized by law to conduct research in the field of pesticides.
(24) "Land" means all land and water areas, includingairspace, all plants, animals, structures, buildings, contrivances, andmachinery appurtenant to it or situated on it, fixed or mobile, including anyused for transportation.
(25) "Nematode" means invertebrate animals of the phylumNemathelminthes and class Nematoda, that is, unsegmented round worms withelongated, fusiform, or sac-like bodies covered with cuticle, and inhabitingsoil, water, plants, or plant parts; may also be called nemas or eelworms.
(26) "Plant regulator" means any substance or mixture ofsubstances intended, through physiological action, for accelerating orretarding the rate of growth or rate of maturation, or for altering thebehavior of plants or the produce of these but shall not include substances tothe extent that they are intended as plant nutrients, trace elements,nutritional chemicals, plant inoculants, and soil amendments. Also, the term"plant regulator" is not required to include any of those nutrient mixtures orsoil amendments as are commonly known as vitamin-hormone horticulturalproducts, intended for improvement, maintenance, survival, health, andpropagation of plants, are not for pest destruction and are nontoxic andnonpoisonous in the undiluted packaged concentration.
(27) "Permit" means a written certificate, issued by thedirector, authorizing the purchase, possession, and/or use of certainpesticides or pesticide uses defined in subdivisions (34) and (35) of thissection.
(28) "Person" means any individual, partnership, association,fiduciary, corporation, governmental entity, or any organized group of personswhether incorporated or not.
(29) "Pest" means:
(i) Any insect, rodent, nematode, fungus, or weed; and
(ii) Any other form of terrestrial or aquatic plant or animallife or virus, bacteria, or other micro-organism (except viruses, bacteria, orother micro-organisms on or in living humans or other living animals) which thedirector declares to be a pest under § 23-25-9(a)(1).
(30) "Pesticide" means:
(i) Any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any pest; and
(ii) Any substance or mixture of substances intended for useas a plant regulator, defoliant, or desiccant.
(31) "Pesticide dealer" means any person who distributeswithin the state any pesticide product classified for restricted use by EPA orlimited use by the director.
(32) "Private applicator" means any person who uses orsupervises the use of any pesticide for purposes of producing any agriculturalcommodity on land owned or rented by him or her or his or her employer or (ifapplied without compensation other than trading of personal services betweenproducers of agricultural commodities) on land of another person.
(ii) "Certified private applicator" means any privateapplicator who is certified under § 23-25-14 as authorized to purchase,acquire, apply, or supervise the application of any pesticide classified forrestricted use by EPA or limited use by the director.
(iii) "Commercial applicator" means any person (whether ornot that person is a private applicator with respect to some uses), includingemployees of any federal, state, county or municipal agency, department,office, division, section, bureau, board, or commission, who applies orsupervises the application of any pesticide for any purpose or on any propertyother than as provided by the definition of "private applicator".
(iv) "Certified commercial applicator" means any commercialapplicator who is certified under § 23-25-13 as authorized to purchase,acquire, apply, or supervise the application of a pesticide classified forrestricted use by EPA or limited use by the director.
(v) "Licensed commercial applicator" means any commercialapplicator who is licensed under § 23-25-12 as authorized to use orsupervise the use of any pesticide not classified for restricted use by EPA orlimited use by the director on land not owned or rented by him or her.
(33) "Protect health and the environment" means protectionagainst any unreasonable adverse effects on the environment.
(34) "Registrant" means a person who has registered anypesticide pursuant to the provisions of this chapter.
(35) "Restricted use pesticide" means a pesticide orpesticide use that is classified for restricted use by the administrator ofEPA, or under § 23-25-6(h).
(36) "State limited use pesticide" means any pesticide orpesticide use which, when used as directed or in accordance with a widespreadand commonly recognized practice, the director determines, subsequent to ahearing, requires additional restrictions to prevent unreasonable adverseeffects on the environment including humans, land, beneficial insects, animals,crops, and wildlife, other than pests.
(37) "Under the direct supervision" means that on-sitesupervision of any pesticide application by an appropriately certified orlicensed applicator who is responsible for the application and is capable ofdealing with emergency situations which might occur.
(38) "Unreasonable adverse effects on the environment" meansany unreasonable risk to humans or the environment, taking into account theeconomic, social, and environmental costs and benefits of the use of anypesticide.
(39) "Weed" means any plant which grows where not wanted.
(40) "Wildlife" means all living things that are neitherhuman nor, as defined in this chapter, pests, including but not limited tomammals, birds, and aquatic life.