As used in this article, unless the context otherwise requires:
"Certified operator" means an individual who applies any restricted-use pesticides fora commercial applicator, registered limited commercial applicator, or registered public applicator, without the on-site supervision of a qualified supervisor and that should be licensed pursuant to section 35-10-114.
"Commercial applicator" means any person, other than a private applicator, who engages in the business of applying pesticides for hire or operating a device for hire that is designated by the commissioner as requiring licensure for use under this article.
"Commissioner" means the commissioner of agriculture.
"Department" means the department of agriculture.
"Device" means any instrument or contrivance, other than a firearm, intended fortrapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, viruses, or other microorganisms on or in living man or other living animals); except that "device" shall not include equipment used for the application of pesticides when sold separately therefrom.
"EPA" means the United States environmental protection agency.
"General-use pesticide" means any pesticide so designated by the commissioner orthe administrator of the EPA.
"Limited commercial applicator" means any person engaged in applying pesticides inthe course of conducting a business other than the production of any agricultural commodity; except that such application shall be only in or on property owned or leased by the person or the person's employer.
(8.5) "Local government" means a county, home rule county, city, town, city and county, home rule city, special district, or other political subdivision of the state.
"Pest" means any insect, rodent, nematode, fungus, weed, or other form of terrestrialor aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or in other living animals) which the commissioner or the administrator of the EPA declares to be a pest.
"Pesticide" means any substance or mixture of substances intended for preventing,destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term "pesticide" shall not include any article that is a "new animal drug" as designated by the United States food and drug administration.
"Plant regulator" means any substance or mixture of substances intended, throughphysiological 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; except that "plant regulator" shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, "plant regulator" shall not be required to include any of those nutrient mixtures or soil amendments which are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, which are not for pest destruction and which are nontoxic and nonpoisonous in the undiluted packaged concentration.
(11.5) "Private applicator" means any person who uses or supervises the use of a pesticide for purposes of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer or, if the pesticide is applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.
"Public applicator" means any agency of the state, any county, city and county, ormunicipality, or any other local governmental entity or political subdivision which applies pesticides.
"Qualified supervisor" means any individual who, without supervision, evaluatespest problems or recommends pest controls using pesticides or devices that require licensure under this article for use; mixes, loads, or applies any pesticide; sells pesticide application services; operates devices that require licensure under this article for use; or supervises others in any of these functions.
"Restricted-use pesticide" means any pesticide designated as a restricted- or limited-use pesticide by the commissioner or as a restricted-use pesticide by the administrator of the EPA.
(a) "Technician" means any individual who:
Uses, under the supervision of a qualified supervisor, a device that requires licensureunder this article for use;
Mixes, loads, or applies general-use pesticides under the supervision of a qualifiedsupervisor, mixes or loads restricted-use pesticides under the supervision of a qualified supervisor, or applies restricted-use pesticides under the on-site supervision of a qualified supervisor; or
Evaluates pest problems, recommends products or treatments for pest problems, orsells application services under the supervision of a qualified supervisor.
(b) "Technician" does not include any individual whose duties are solely clerical or janitorial or otherwise completely disassociated from pest control.
"Under the on-site supervision of" refers to work performed by an individual actingunder the instruction and control of a qualified supervisor who is present at the work site at the time the work is being performed.
"Under the supervision of" refers to work performed by an individual acting underthe instruction and control of a qualified supervisor, even if the qualified supervisor is not physically present at the work site at the time the work is performed.
"Use" means all aspects of the handling of pesticides, including but not limited tothe mixing, loading, application or administration, spill control, and disposal of a pesticide or its container.
Source: L. 90: Entire article R&RE, p. 1576, § 1, effective May 31. L. 96: (8) and (15)(a)(II) amended and (8.5) and (18) added, p. 1373, § 1, effective July 1. L. 2006: (1), (2), and (8) amended and (11.5) added, p. 1259, § 1, effective July 1; (2), (13), and (15)(a)(I) amended, p. 291, § 1, effective July 1.
Editor's note: (1) This section is similar to former § 35-10-103 as it existed prior to 1990.
(2) Amendments to subsection (2) by House Bill 06-1239 and House Bill 06-1274 were harmonized.