Title 2, Chapter 7, Section 92
As used in this article, the term:
(1) "Animal" means all vertebrate and invertebrate species,
including, but not limited to, man and other mammals, birds, fish,
(2) "Beneficial insects" means those insects which, during their
life cycles, are effective pollinators of plants, are parasites or
predators of pests, or are otherwise beneficial.
(3) "Board" means the Pesticide Advisory Board.
(4) "Certified applicator" means any individual who is certified
under this article to use or supervise the use of any restricted
use pesticide restricted to use by certified applicators or any
state restricted pesticide use restricted to use by certified
(5) "Commercial applicator" means any individual:
(A) Who is not a "private applicator," who uses or supervises
the use of any restricted use pesticide restricted to use by
certified applicators or any state restricted pesticide use
restricted to use by certified applicators; or
(B) Who uses or supervises the use of any other pesticide for a
pesticide contractor, as an employee or otherwise.
(6) "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.
(7) "Desiccant" means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue.
(8) "Environment" includes the water, air, and land, all plants
and man and other animals living therein, and the
interrelationships which exist among these.
(9) "Environmental Protection Agency" means the United States
Environmental Protection Agency.
(10) "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
anything that may be growing, habitating, or stored on or in such
land but shall 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 such pesticide
(11) "FIFRA" means the Federal Insecticide, Fungicide, and
Rodenticide Act, and the amendments thereto.
(12) "Fungi" means all nonchlorophyll-bearing thallophytes, that
is, all nonchlorophyll-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
living animals and except those in or on processed food,
beverages, or pharmaceuticals.
(13) "Insect" means any of the numerous small invertebrate animals
generally having a body more or less obviously segmented, for the
most part belonging to the class Insecta, comprising six-legged,
usually winged forms, as, for example, beetles, bugs, bees, and
flies, and other allied classes of arthropods whose members are
wingless and usually have more than six legs, as, for example,
spiders, mites, ticks, centipedes, and wood lice.
(14) "Label" means the written, printed, or graphic matter on or
attached to the pesticide or device or any of its containers or
(15) "Labeling" means the label and all other written, printed, or
(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 for current
official publications of:
(i) The Environmental Protection Agency;
(ii) The United States Department of Agriculture;
(iii) The United States Department of the Interior;
(iv) The United States Department of Health and Human
(v) State experiment stations;
(vi) State agricultural colleges; and
(vii) Other similar federal or state institutions or agencies
authorized by law to conduct research in the field of
(16) "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.
(17) "Nematode" means invertebrate animals of the phylum
Nemathelminthes and class Nematoda, that is, unsegmented
roundworms with elongated, fusiform, or saclike bodies covered
with cuticle, and inhabiting soil, water, plants, or plant parts;
they may also be called nemas or eelworms.
(18) "Permit" means a written certificate issued by the
Commissioner or his authorized agent, authorizing the purchase,
possession, or use of certain pesticides or pesticide uses defined
in paragraphs (26) and (27) of this Code section.
(19) "Person" means any individual, partnership, association,
fiduciary, corporation, or organized group of persons, whether or
(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, bacterium, or other microorganism, except
viruses, bacteria, or other microorganisms on or in living man
or other living animals,
which the Environmental Protection Agency administrator declares to be a pest under Section 25(c)(1) of FIFRA or which the Commissioner declares to be a pest under subsection (f) of Code Section 2-7-97.
(21) "Pesticide" means:
(A) Any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pests; and
(B) Any substance or mixture of substances intended for use as a
plant regulator, defoliant, or desiccant.
(22) "Pesticide contractor" means any person who engages in the
business of contracting for the application of any pesticide to
the lands of another.
(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 ornamental or crop 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.
(24) "Private applicator" means any individual who purchases,
uses, or supervises the use of any restricted use pesticide
restricted to use by certified applicators or any state restricted
pesticide use restricted to use by certified applicators, for
purposes of producing any agricultural or forestry commodity on
property owned or rented by him or his employer or, if applied
without compensation other than the trading of personal services
between producers of agricultural and forestry commodities, on the
property of another person.
(25) "Protect health and the environment" means to protect against
any unreasonable adverse effects on the environment.
(26) "Restricted use pesticide" means any pesticide whose label
bears one or more uses which have been classified as restricted by
the administrator of the Environmental Protection Agency.
(27) "State restricted pesticide use" means any pesticide use
which, when used as directed or in accordance with a widespread
and commonly recognized practice, the Commissioner determines,
subsequent to a hearing, to require additional restrictions for
that use to protect the environment, including man, lands,
beneficial insects, animals, crops, and wildlife, other than
(28) "Under the direct supervision of a certified applicator"
means that, unless otherwise prescribed by its labeling or
regulations of the Commissioner, a pesticide shall be considered
to be applied under the direct supervision of a certified
applicator if it 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.
(29) "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.
(30) "Weed" means any plant which grows where not wanted.
(31) "Wildlife" means all living things that are neither human,
domesticated, nor, as defined in this article, pests, including,
but not limited to, mammals, birds, and aquatic life.