Section 33-0101. Definitions

1. "Active ingredient" means:
    a.  In the case of a pesticide other than a plant regulator, defoliant
  or desiccant, an ingredient  which  will  prevent,  destroy,  repel,  or
  mitigate insects, fungi, rodents, weeds, or other pests.
    b.  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 their produce.
    c.  In  the  case  of  a defoliant, an ingredient which will cause the
  leaves or foliage to drop from a plant.
    d. In the case of a desiccant, an ingredient which  will  artificially
  accelerate the drying of plant tissue.
    2.  "Adulterated"  shall  apply  to  any  pesticide if its strength or
  purity falls below the professed standard or  quality  as  expressed  on
  labeling  or  under  which  it  is  sold,  or  if any substance has been
  substituted wholly or in part  for  the  article,  or  if  any  valuable
  constituent of the article has been wholly or in part abstracted.
    3.  "Affected  area"  means  the  area  defined  in a petition for the
  protection of a grape growing area.
    4. "Agency" means any  state  agency;  municipal  corporation;  public
  authority;  college,  as  that  term  is  defined  in the education law;
  railroad, as that term is defined in the  railroad  law;  or  telegraph,
  telephone,  telegraph and telephone, pipeline, gas, electric, or gas and
  electric corporation as those terms are defined  in  the  transportation
  corporations law, which applies pesticides.
    5.  "Agricultural  commodity"  means  any  plant  or  part thereof, or
  animal, or animal product, produced  by  a  person  (including  farmers,
  ranchers,  vineyardists,  plant  propagators,  Christmas  tree  growers,
  aquaculturists,  floriculturists,  orchardists,   foresters   or   other
  comparable  persons)  primarily  for  sale,  consumption, propagation or
  other use by man or animals.
    6. "Aircraft" means any contrivance now known, or hereafter  invented,
  used or designed for navigation of, or flight in, the air.
    7.  "Antidote" means the most practical immediate treatment in case of
  poisoning and includes first-aid treatment.
    8. "Application of pesticide" means any application of  pesticides  by
  aircraft or ground equipment.
    9.  "Business  registration"  means  the requirement of each person or
  business providing services of  commercial  application  of  pesticides,
  either  entirely  or  as  part  of  the  business,  to register with the
  department.
    10. "Certified applicator" means any individual who  is  certified  to
  use or supervise the use of any pesticide in any category of use covered
  by his certification.
    11.  "Commercial  application"  means any application of any pesticide
  except as defined in private or residential application of pesticides.
    12. "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.
    13. "Degradation" means the decomposition of  a  compound  by  stages,
  exhibiting well-defined intermediate products.
    14.  "Desiccant" means any substance or mixture of substances intended
  for artificially accelerating the drying of plant tissue.
    15. "Development" means natural and normal growth before harvest.
    16. "Experimental use permit" means a permit issued  to  an  applicant
  for  the  use of a limited amount of a pesticide not registered pursuant

  to this article to accumulate data necessary to apply  to  register  the
  pesticide.
    17.  "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, yeast, and
  bacteria, except those on or in living man or other animals.
    18. "Fungicide" means any substance or mixture of substances  intended
  for preventing, destroying, repelling, or mitigating any fungi.
    19.  "General use pesticide" means a pesticide which does not meet the
  state criteria for a restricted pesticide as established under authority
  of section 33-0303 of this article.
    20. "Grape grower" means a producer of grapes for profit.
    21. "Grape vineyard" means lands upon which grapevines are  maintained
  and harvested for profit.
    22.  "Ground  equipment"  means  any  machine  or  device  (other than
  aircraft) for use on land or water, designed for, or adaptable to use in
  applying pesticide as spray, dust, aerosol, fog, or in any other form.
    23. "Herbicide" means any substance or mixture of substances  intended
  for preventing, destroying, repelling, or mitigating any weed.
    24.  "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  six-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 six legs, as, for example, spiders, mites, ticks,  centipedes,
  and  wood  lice, except those on or in living man.  This term shall also
  include hematodes.
    25. "Inert ingredient" means an ingredient  which  is  not  an  active
  ingredient.
    26. "Ingredient statement" means either:
    a.  A  statement of the name and percentage of each active ingredient,
  together with the total percentage of  the  inert  ingredients,  in  the
  pesticide; and
    b.  If  the pesticide contains arsenic in any form, a statement of the
  percentage of total  and  water  soluble  arsenic,  each  calculated  as
  elemental arsenic.
    27.  "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, except those
  on or in living man.
    28.  "Label"  means  the  written,  printed,  or graphic matter on, or
  attached to, the pesticide, or its immediate container and  any  outside
  containers or wrappers.
    29. "Labeling" means all labels and other written, printed, or graphic
  matter:
    a. Upon the pesticide or any of its containers or wrappers;
    b. Accompanying the pesticide at any time;
    c.  To  which  reference  is  made  on  the  label  or  in  literature
  accompanying  the  pesticide,  except  when   accurate,   non-misleading
  reference  is made to current official publications of the United States
  Department of Agriculture or Interior, the United States  Public  Health
  Service,  state  agricultural  experiment  stations,  state  colleges of
  agriculture, or other similar federal institutions or official  agencies
  of  this  state or other states authorized by law to conduct research in
  the field of pesticides.
    30. "Major source of agricultural income" means that the producers  of
  grapes  within  the  affected  area obtain at least ten percent of their

  gross income as a group in any five year period from the  production  of
  grapes.
    31.  "Metabolite"  means any of the various organic compounds produced
  by metabolism.
    32. "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;   or   if  its  labeling  bears  any  reference  to
  registration under this article;
    c. If the labeling accompanying it does not contain  instructions  for
  use  which  are  necessary  and,  if  complied  with,  adequate  for the
  protection of the public;
    d. If the label does not contain a warning or caution statement  which
  may  be  necessary  and, if complied with, adequate to prevent injury to
  health and the environment;
    e. If the label is not visible and readable  on  the  outside  of  the
  marketing  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  of  this  article  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,  fungicide,  or  herbicide,  when
  used  as directed or in accordance with commonly recognized practice, it
  shall be  injurious  to  living  man  or  other  vertebrate  animals  or
  vegetation,  except  weeds,  to  which  it  is applied, or to the person
  applying such pesticide; or
    h. If in the case of a plant regulator, defoliant, or  desiccant  when
  used as directed it shall be injurious to living man or other vertebrate
  animals, or vegetation to which it is applied, or to the person applying
  such  pesticide;  provided,  that  physical  or physiological effects on
  plants or parts thereof shall not be deemed injurious, when this is  the
  purpose  for  which  the  plant  regulator,  defoliant, or desiccant was
  applied, in accordance with the label claims and recommendations.
    i. If its labeling in any other way fails to conform to  the  labeling
  requirements  of the Federal Insecticide, Fungicide, and Rodenticide Act
  of 1972, as amended.
    33.  "Person"  means   any   individual,   partnership,   association,
  corporation,  organized  group  of  persons whether incorporated or not,
  private or public  authority,  state  government  or  agency,  political
  subdivision, governmental agency or any other legal entity whatever.
    34.  "Pest"  means  (1)  any  insect, rodent, fungus, weed, or (2) any
  other form of terrestrial or aquatic plant  or  animal  life  or  virus,
  bacteria  or  other  micro-organism  (except  viruses, bacteria or other
  micro-organisms on or in living man or other living animals)  which  the
  commissioner declares to be a pest.
    35. "Pesticide" means:
    a.  Any  substance  or  mixture or substances intended for preventing,
  destroying, repelling, or mitigating any pest; and
    b. Any substance or mixture of substances intended for use as a  plant
  regulator, defoliant or desiccant.
    36.   "Pesticide  business"  means  any  person  providing  commercial
  application of pesticides for hire.

    37. "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 their produce,  but  shall  not
  include  substances  to  the  extent  that  they  are  intended as plant
  nutrients, trace elements, nutritional chemicals, plant inoculants,  and
  soil amendments.
    38.  "Private  application" means any application of any pesticide for
  the purpose of producing an agricultural commodity
    a. on property owned or rented by the applicator or  the  applicator's
  employer, or
    b.  if  applied without compensation other than the barter of personal
  services between producers  of  agricultural  commodities,  on  property
  owned or rented by a party to such a barter transaction.
    39.  "Proximity" means a radial distance of two miles from the site of
  damage to grape vineyards.
    40. "Registrant" means the person registering any  pesticide  pursuant
  to the provisions of this article.
    41.  "Residential  application"  shall mean the application of general
  use pesticides by ground equipment on property owned or  leased  by  the
  applicator,  excluding  any establishment selling or processing food and
  any residential structure other than the specific dwelling unit in which
  the applicator resides.
    42. "Restricted use pesticide" means a pesticide, as defined  in  this
  article and determined as provided in section 33-0303:
    a.   Which  (1)  either  (a)  persists  in  the  environment,  or  (b)
  accumulates as either the pesticide per se, a pesticide metabolite, or a
  pesticide degradation product in plant or animal tissue or product,  and
  is  not  excreted  or eliminated within a reasonable period of time, and
  which may be transferred to other forms of life; and (2) which by virtue
  of such persistence or accumulation creates a present or future risk  of
  harmful effects on any organism other than the target organisms; or
    b.  Which the commissioner finds is so hazardous to man or other forms
  of life that restrictions on its sale, purchase, use, or possession  are
  in the public interest.
    43.  "Rodenticide"  means  any  substance  or  mixture  of  substances
  intended for preventing, destroying, repelling, or mitigating rodents or
  any other vertebrate animals which the commissioner shall declare to  be
  a pest.
    44.  "Target  organisms"  means those organisms which the pesticide is
  intended to inhibit or destroy pursuant to its registered labeled usage.
    45. "Weed" means any plant which grows where not wanted.
    46. "Commercial lawn application" means the application  of  pesticide
  to  ground,  trees, or shrubs on public or private outdoor property. For
  the purposes of this article  the  following  shall  not  be  considered
  commercial lawn application:
    a.  the  application  of  pesticide  for  the  purpose of producing an
  agricultural commodity;
    b. residential application of pesticides;
    c. the application of pesticides around or near the  foundation  of  a
  building for the purpose of indoor pest control;
    d.  the  application  of pesticides by or on behalf of agencies except
  that agencies shall  be  subject  to  visual  notification  requirements
  pursuant to section 33-1003 where such application is within one hundred
  feet  of  a dwelling, multiple dwelling, public building or public park;
  and
    e. the application of pesticides on golf courses or turf farms.

    47. "Major change in labeling" shall mean any new label or labeling or
  any amended label or labeling for a pesticide product which contains  an
  active ingredient previously registered and which (a) results in a major
  change  in  the  use  pattern for the active ingredient; (b) changes the
  classification of the active ingredient or the product to general use or
  restricted  use;  increases  the  application  rate; changes the percent
  concentration of an active ingredient other  than  an  increase  due  to
  changes  in  methods  of  analysis;  adds a previously-registered active
  ingredient or deletes any active ingredient; or  (c)  any  other  change
  which  significantly  increases the potential exposure of any non-target
  organism or which increases the potential for a  significant  impact  to
  humans, property or the environment.
    48.  "Residential  lawn  application" means the application of general
  use pesticides to ground, trees or shrubs on property owned by or leased
  to the individual making such application.  For  the  purposes  of  this
  article   the   following  shall  not  be  considered  residential  lawn
  application:
    a. The application of pesticides  for  the  purpose  of  producing  an
  agricultural commodity;
    b.  The  application  of pesticides around or near the foundation of a
  building for the purpose of indoor pest control;
    c. The application of pesticides by or on behalf  of  agencies  except
  that  agencies  shall  be  subject  to  visual notification requirements
  pursuant to section 33-1003 of this article where  such  application  is
  within  one  hundred  feet  of  a  dwelling,  multiple  dwelling, public
  building or public park; and
    d. The application of pesticides on golf courses or turf farms.
    49. "Abutting property" shall mean any property which has any boundary
  or boundary point in common with the property on which the pesticide  is
  to be applied.