AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
INSECT PESTS AND PLANT DISEASES
In this subdivision:
I. "Active ingredient" means in the case of:
(a) A pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests;
(b) A plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;
(c) A defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;
(d) A desiccant, an ingredient which will artificially accelerate the drying of plant tissue.
II. "Adulterated" means the state or condition of a pesticide where the strength or purity of the pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or where any substance has been substituted wholly or in part of the constituent of the pesticide as expressed on labeling under which it is sold, or where any valuable constituent of the article has been wholly or in part abstracted.
III. "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
IV. "Board" means the pesticide control board as established by this subdivision.
V. "Commercial application" means any application of pesticides by a commercial applicator.
VI. "Commercial applicator" means any individual, corporation, partnership, municipality, governmental entity, or other legal entity of any kind who uses or supervises the use of any pesticide, other than a private applicator as defined in paragraph XXIX of this section.
VII. "Commercial applicator for hire" means any commercial applicator who applies any pesticide on property of another for consideration.
VIII. "Commissioner" means the commissioner of agriculture, markets, and food.
IX. "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.
X. "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.
XI. "Division" means the division of pesticide control as established within the department of agriculture, markets, and food.
XII. "Fungi" means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals.
XIII. "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi.
XIII-a. "General use pesticide" means pesticides other than those classified or defined as restricted, state restricted use pesticide, prohibited or prohibited limited use, by the pesticide control board or the United States Environmental Protection Agency.
XIV. "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.
XV. "Inert ingredient" means an ingredient which is not an active ingredient.
XVI. "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 if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic.
XVII. "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 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, as, for example, spiders, mites, ticks, centipedes, and wood lice.
XVIII. "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever.
XVIII-a. "Janitorial service contractor" means any person otherwise classified as a commercial applicator who provides janitorial services to clients, other than his or her immediate employer, on a contract or for hire basis.
XIX. "Label or labeling" means the written, printed, or graphic matter on, or attached to, the pesticide, or the immediate container thereof, and the outside container or wrapper of the retail package, if there is one, of the pesticide or written, printed or graphic matter which is incorporated into the label by reference.
XX. "Living unit" means an apartment or house for use by one family.
XXI. "Misbranded" shall apply to any pesticide:
(a) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;
(b) If it is an imitation of or is offered for sale under the name of another pesticide;
(c) If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and, if complied with, together with any requirements imposed under section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, are adequate to protect health and the environment;
(d) If the label does not contain a warning or caution statement which may be necessary and, if complied with together with any requirements imposed under section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, would be adequate to protect health and the environment;
(e) If the label does not contain an ingredient statement on that part of the immediate container (and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase; provided that the ingredient statement may appear prominently on another part of the container as permitted pursuant to section 2(q)(2)(A) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
(f) If any word, statement, or other information required by or under the authority hereof to appear on the labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or graphic matter in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(g) If in the case of an insecticide, nematocide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or
(h) In the case of a plant regulator, defoliant, or desiccant when used as directed it shall be injurious to living man or other animals, or vegetation to which it is applied, or to the person applying such pesticides; provided, that physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations.
XXII. "Nematode" means invertebrate animals of the phylum nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms.
XXIII. "Nematocide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes.
XXIV. "Person" means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent or employee thereof. This term shall import either the singular or plural as the case may be.
XXV. "Pest" means any plant, insect, rodent, fungi, animal, weed, other forms of plant or animal life, or virus, bacteria, or other microorganism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which exists in a place where it is not wanted, or in a quantity not wanted.
XXVI. "Pesticide" means:
(a) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and
(b) Any chemical or biological agent, or substance or mixture of substances of such agents, intended to control a pest or for use as a plant regulator, defoliant, or desiccant.
XXVII. "Pesticide dealer" means any person who is engaged in the business of distributing, selling, offering for sale, or holding for sale restricted use pesticides or state restricted use pesticides or any other pesticides for distribution directly to users. Exempt from the term "Pesticide dealer" are those persons whose sales are limited to pesticides in consumer sized packages which are labeled and intended for home and garden use only. This exemption does not apply to any person selling restricted use pesticides or state restricted use pesticides.
XXVIII. "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, and soil amendments. "Plant regulator" shall not be required to include any of such of those nutrient mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration.
XXIX. "Private applicator" means an individual who uses or supervises the use of any pesticides for the purpose 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.
XXX. "Registrant" means the person registering any pesticide pursuant to the provisions of this subdivision.
XXXI. "Restricted use pesticide" means any pesticide or pesticide use which has been classified for restricted use by the administrator of the United States Environmental Protection Agency or by the board pursuant to this subdivision.
XXXII. "Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the division shall declare to be a pest.
XXXII-a. "Specialty/household pesticide" means any disinfectant, sanitizer, germicide, biocide, and any pesticide labeled for use directly on humans or pets (including dogs, cats, horses, and other companion animals). This category also includes any other pesticides labeled for use in areas in or around household premises.
XXXIII. "State restricted use pesticides" means any pesticide or pesticide use classified for restricted use by the pesticide control board.
XXXIV. "Weed" means any plant which grows where not wanted.
Source. 1985, 72:1; 375:3. 1987, 164:1, 2. 1994, 24:1. 1995, 130:4, 5; 308:54, eff. July 1, 1995.