2-16-403. Definitions.

2-16-403. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Active ingredient” means any ingredient which will prevent, destroy, repel, control, or mitigate pests or which will act as a plant regulator, defoliant, desiccant, or 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, if any substance has been substituted wholly or in part for the pesticide, or if any 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) “Beneficial insects” means those insects which during their life cycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial; (5) “Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission; (6) “Desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; (7) “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, and other than bacteria, virus, or other microorganism on or in living man or other living animals; but not including equipment used for the application of pesticides when sold separately from the sale of pesticides; (8) “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; (9) “Environment” includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these; (10) [Repealed.] (11) [Repealed.] (12) “Fungus” means any non-chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other living animals, and except those in or on processed food, beverages, or pharmaceuticals; (13) “Highly toxic pesticide” means any pesticide determined to be a highly toxic pesticide under the authority of Section 25(c)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(2), or by the State Plant Board under § 2-16-406(a)(2); (14) “Imminent hazard” means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings under § 2-16-408 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the United States Secretary of the Interior under P.L. 91-135; (15) “Inert ingredient” means an ingredient which is not an active ingredient; (16) “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; and (B) When the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water-soluble arsenic, each calculated as elemental arsenic. In the case of a spray adjuvant, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants; (17) “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, for example, beetles, bugs, bees, flies, and other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, for example, spiders, mites, ticks, centipedes, and wood lice; (18) “Label” means the written, printed, or graphic matter on or attached to the pesticide or device or any of its containers or wrappers; (19) “Labeling” means the label and all other written, printed, or graphic matter: (A) Accompanying the pesticide or device at any time; or (B) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the United States Environmental Protection Agency; the United States Department of Agriculture, the United States Department of the Interior, and the United States Department of Health and Human Services; state experiment stations; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides; (20) “Nematode” means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants, or plant parts; they may also be called nemas or eelworms; (21) “Person” means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not; (22) “Pest” means: (A) Any insect, rodent, nematode, fungus, weed; or (B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living man or other living animals which the United States Environmental Protection Agency declares to be a pest under Section 25(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(1), or which the board declares to be a pest under § 2-16-406(a)(1); (23) “Pesticide” means: (A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests; (B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (C) Any substance or mixture of substances intended to be used as a spray adjuvant; (24) “Plant regulator” means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof. The term shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments; (25) “Protect health and environment” means protection against any unreasonable adverse effects on the environment; (26) “Registrant” means a person who has registered any pesticide under the provisions of this subchapter; (27) “Restricted-use pesticide” means any pesticide or pesticide use classified for restricted use by the Administrator of the United States Environmental Protection Agency; (28) “Spray adjuvant” means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a package or container separate from that of the pesticide with which it is to be used; (29) “State-restricted pesticide” means any pesticide or pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the board determines, subsequent to a hearing, requires additional restrictions for that pesticide or use to prevent unreasonable adverse effects on the environment, including humans, lands, beneficial insects, animals, crops, and wildlife, other than pests; (30) “Unreasonable adverse effects on the environment” means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide; (31) “Weed” means any plant which grows where not wanted; and (32) “Wildlife” means all living things that are neither human, domesticated, nor, as defined in this subchapter, pests. “Wildlife” shall include, but not be limited to, mammals, birds, and aquatic life.