As used in this article, unless the context otherwise requires:
(1) "Active ingredient" means:
In the case of a pesticide other than a plant regulator, defoliant, or desiccant, aningredient which will prevent, destroy, repel, or mitigate any pest;
In the case of a plant regulator, an ingredient which, through physiological action,will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;
In the case of a defoliant, an ingredient which will cause the leaves or foliage to dropfrom a plant; and
In the case of a desiccant, an ingredient which will artificially accelerate the dryingof plant tissue.
(2) "Adulterated" refers to:
Any pesticide whose strength or purity deviates from the professed strength or puritystated on its labeling or under which it is sold; or
Any pesticide whose components or their relative proportions differ from those stated on its labeling; or
Any substance which has been substituted wholly or in part for a pesticide; or
Any pesticide from which any valuable constituent has been wholly or partly abstracted; or
Any pesticide in which any contaminant is present in an amount which is determinedby the commissioner to be a hazard.
"Commissioner" means the commissioner of agriculture.
"Dealer" means any person who distributes to any other person any restricted-usepesticide.
"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.
"Distribute" means to advertise, offer for sale, hold for sale, sell, barter, or supply inany fashion any pesticide in this state.
"EPA" means the environmental protection agency.
"Inert ingredient" means an ingredient which is not active.
"Limited-use pesticide" refers to any pesticide so designated by the commissioner.
"Pest" means any insect, rodent, nematode, fungus, weed, or other form of terrestrial or 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.
"Refill" means to transfer a pesticide for sale or distribution to a refillable container without changing the composition, formulation, or EPA registration number of the pesticide.
"Refillable container" means a container that is intended to be filled more thanonce with a pesticide for sale or distribution.
"Refiller" means a person that engages in refilling.
"Restricted-use pesticide" means any pesticide designated as a restricted-use pesticide by the commissioner or the administrator of the environmental protection agency.
Source: L. 90: Entire article R&RE, p. 1559, § 1, effective June 7. L. 2010: (11.4), (11.5), and (11.6) added, (SB 10-034), ch. 376, p. 1766, § 2, effective July 1.
Editor's note: This section is similar to former § 35-9-102 as it existed prior to 1990.