24.1202 Definitions.

Cite as [A.S.C.A. § 24.1202]

As used in this chapter:

(1) “Animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish and shellfish.

(2) Applicators.

(A) “Certified applicator” means any individual who is certified under 24.1212 through 24.1216 to use or supervise the use of any restricted use pesticide.

(B) “Private applicator” means an individual who uses or supervises the use of any restricted use pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.

(C) “Commercial applicator” means an individual (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any restricted use pesticide for any purpose or on any property other than as provided in subparagraph (2) (B).

(3) “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.

(4) “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 therefrom.

(5) “Director” means the Director of the Department of Agriculture.

(6) “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 territory.

(7) “Environment” includes water, air, land, plants and man and other animals living therein, and the interrelationships which exist among these.

(8) “EPA” means the United States Environmental Protection Agency.

(9) “FIFRA” means the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7. USC § 136 et seq.).

(10) “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 insect a comprising 6-legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than 6 legs, (e.g., spiders, mites, ticks, centipedes, and wood lice).

(11) “Label” means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

(12) “Labeling” means the label and all other written, printed, or graphic matter: (A) accompanying the pesticide or device at anytime; or (B) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of EPA; the United States Departments of Agriculture and Interior and Department of Health, Education, and Welfare; Territorial experiment stations; Territorial agricultural colleges; and other similar Federal or Territorial institutions or agencies authorized by law to conduct research in the field of pesticides.

(13) “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 any used for transportation.

(14) “Person” means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not.

(15) “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 micro-organism (except virus, bacteria, or other micro-organism on or in living man or other living animals), which the director declares to be a pest under 24.1204.

(16) “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.

(17) “Pesticide dealer” means any person who distributes any restricted use pesticide or any pesticide whose use or distribution is restricted by the director.

(18) “Protect health and the environment” means protection against any unreasonable adverse effects on the environment.

(19) “Restricted use pesticide” means any pesticide or pesticide use classified by the ad-ministrator, EPA, for use only by or under the direct supervision of a certified applicator.

(20) “Territory restricted pesticide use” means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the Director determines requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including man, lands, beneficial insects, animals, crops, and wildlife, other than pests.

(21) “Under the direct supervision of a certified applicator” means that unless otherwise prescribed by its labeling, a pesticide is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.

(22) “Unreasonable adverse effects on the environment” means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.

(23) “Weed” means any plant which grows where not wanted.

(24) “Wildlife” means all living things that are neither human, domesticated, nor, as defined in this act, pests, including but not limited to mammals, birds, and aquatic life.

History: 1979, PL 16-51 § 1.