20-20-203. Definitions.

20-20-203. Definitions. As used in this subchapter: (1) “Animal” means all vertebrate and invertebrate species including, but not limited to, humans and other mammals, birds, fish, and shellfish; (2) “Beneficial insects” means those insects that during their lifecycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial; (3) “Certified applicator” means any individual who is certified under this subchapter to use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators; (4) “Commercial applicator” means: (A) A certified applicator whether or not he or she is a private applicator with respect to some uses who is engaged in the business and uses or supervises the use of any pesticide classified for restricted use or any other pesticide for any purpose on any lands or property other than as provided by this subdivision (4); or (B) Any person engaged in the business of aerial application of seeds or fertilizers on the lands of another; (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) “Distribute” means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state; (8) “Environment” includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these; (9) “EPA” means the United States Environmental Protection Agency; (10)(A) “Equipment” means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and on anything that may be growing, habitating, or stored on or in land. (B) “Equipment” does not include any pressurized hand-sized household apparatus used to apply any pesticide or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy in making the pesticide application; (11) “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended; (12) “Fungus” means any non-chlorophyll-bearing thallophytes, that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts, as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living humans or other animals and except those on or in processed food, beverages, or pharmaceuticals; (13) “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, and comprising six-legged usually winged forms, as for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice; (14) “Labeling” means all labels 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 in the United States Environmental Protection Agency, the United States Department of Agriculture, the United States Department of the Interior, 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; (15) “Land” means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including and used for transportation; (16) “License” or “permit” means a written document issued by the State Plant Board or its authorized agent authorizing the purchase, possession, or use of certain pesticides, restricted-use pesticides, or state restricted-use pesticides; (17) “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”; (18) “Noncommercial applicator” means firms, persons, or government agencies that use, supervise the use, or demonstrate the use of any pesticide classified for restricted use and that do not qualify as a private applicator under subdivision (24) of this section nor require a commercial applicator's license under subdivision (4) of this section; (19) “Person” means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not; (20) “Pest” means: (A) Any insect, rodent, nematode, fungus, or 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 human 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, or which the board declares to be a pest under § 20-20-206(e); (21) “Pesticide” means: (A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and (B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; (22) “Pesticide dealer” means any person who distributes restricted-use pesticides or pesticides whose uses or distribution are further restricted by the board by rule; (23) “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 but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments; (24) “Private applicator” means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or her or his or her employer or on the property of another person if applied without compensation other than trading of personal services between producers of agricultural commodities; (25) “Restricted-use pesticide” means any pesticide or pesticide use classified for restricted use by the administrator of the United States Environmental Protection Agency; (26) “State restricted-use 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 pesticide use to prevent unreasonable adverse effects on the environment including humans, land, beneficial insects, animals, crops, and wildlife other than pests; (27) “Supervise” or “under the direct supervision of” means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available when needed, even though the certified applicator is not physically present at the time and place the pesticide is applied; (28) “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; (29) “Weed” means any plant which grows where not wanted; and (30) “Wildlife” means all living things that are neither human, domesticated, nor, as defined in this subchapter, pests, including, but not limited to, mammals, birds, and aquatic life.