Title 43, Chapter 45, Section 2
As used in this chapter, the term:
(1) "Applicant" means any persons or any person in charge of any
individuals, firm, partnership, corporation, association, or any
other organization or any combination thereof making application
for a license to engage in operations regulated by this chapter,
or any other person making application for certification or
registration under this chapter.
(2) "Application of a pesticide under the direct supervision of a
certified operator" means, unless otherwise prescribed by its
labeling or by regulations of the Commissioner, the application of
a pesticide by a competent person acting under the instructions
and control of a certified operator who is available if and when
needed, even though such certified operator is not physically
present at the time at which and the place the pesticide is
(3) "Bond" means a written instrument issued or executed by a
bonding, surety, or insurance company licensed to do business in
this state, or otherwise approved by the commission, guaranteeing
the fulfillment of the agreement between the licensee or business
entity and his customer.
(4) "Branch office" means any place of doing business which has
two or more employees engaged in the control of insect pests,
rodents, or wood-destroying organisms.
(5) "Certified operator" means any individual who has been
determined competent to use or supervise the use of pesticides,
including restricted use pesticides or state restricted pesticide
uses, as defined in this chapter, in the structural pest control
category or categories in which he is currently licensed.
(6) "Commission" means the State Structural Pest Control
(7) "Commissioner" means the Commissioner of Agriculture of this
(8) "Employee" means any person employed by a licensee with the
exception of clerical, janitorial, or office maintenance
employees, or those employees performing work completely
disassociated with the control of insects, pests, and rodents and
the control of wood-destroying organisms.
(9) "Fumigant" means any substance which by itself or in
combination with any other substance emits or liberates a gas or
gases, fumes, or vapors, which gas or gases, fumes, or vapors when
liberated and used will destroy vermin, rodents, insects, and
other pests, but are usually lethal, poisonous, noxious, or
dangerous to human life.
(10) "Insecticides" means substances, not fumigants, under
whatever name known, used for the destruction or control of
insects and similar pests.
(11) "Licensee" means a business entity engaged in the business of
structural pest control which holds a valid license issued under
(12) "Pesticide" means attractants, fumigants, fungicides,
insecticides, rodenticides, and repellants.
(13) "Registered employee" means an employee registered as
provided by this chapter.
(14) "Repellants" means substances, not fumigants, under whatever
name known, which may be toxic to insects and related pests, but
generally employed because of their capacity for preventing the
entrance or attack of pests.
(15) "Restricted use pesticide" means any attractant, fumigant,
fungicide, insecticide, rodenticide, or repellant whose label
bears one or more uses which have been classified as restricted by
the administrator, Environmental Protection Agency, or any use of
these pesticides which, when used as directed or in accordance
with widespread and commonly recognized practice, the Commissioner
determines, subsequent to a hearing, requires additional
restrictions for that use to protect the environment, including
man, lands, beneficial insects, animals, crops, and wildlife,
other than pests.
(16) "Rodenticides" means substances, not fumigants, under
whatever name known, whether poisonous or otherwise, used for the
destruction or control of rodents.
(16.5) "Secretary" means the Commissioner of Agriculture in his
capacity as secretary of the State Structural Pest Control
(17) "Structural pest control" means control of wood-destroying
organisms or fumigation; the identification of infestations or
infections; the making of inspections; the use of pesticides,
including insecticides, repellants, rodenticides, fumigants, and
other substances, and the use of mechanical devices of structural
modifications under whatever name known for the purpose of
preventing, controlling, and eradicating insects, vermin, rodents,
and other pests in household structures, commercial buildings, and
other structures, including adjacent outside areas; and all phases
of fumigation, including treatments of products by vacuum
fumigation and the fumigation of railroad cars, trucks, ships, and