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217B.040 Definitions for chapter.
For the purposes of this chapter, unless the context requires otherwise:
(1) "Pest" means:
(a) Any insect, snail, slug, rodent, nematode, fungus, weed; or
(b) Any other form of plant or animal life, or virus, bacteria, or other
microorganism, except viruses, bacteria, or other microorganisms on or in
living man or other living animals, which is normally considered to be a
pest, or which the department declares to be a pest;
(2) "Pesticide" means:
(a) Any substance or mixture of substances intended to prevent, destroy,
control, repel, attract, or mitigate any pest;
(b) Any substance or mixture of substances intended to be used as a plant
regulator, defoliant, or desiccant; or
(c) Any substance or mixture of substances intended to be used as a spray
adjuvant, once they have been mixed with an EPA registered product;
(3) "Defoliant" means any substance or mixture of substances intended to cause
the leaves or foliage to drop from a plant with or without causing abscission;
(4) "Desiccant" means any substance or mixture of substances intended to
artificially accelerate the drying of plant tissues;
(5) "Plant regulator" means any substance or mixture of substances intended
through physiological action to accelerate or retard the rate of growth or
maturation, or to otherwise alter the behavior of plants, but shall not include
substances insofar as they are intended to be used as plant nutrients, trace
elements, nutritional chemicals, plant inoculants, or soil amendments;
(6) "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 (6) legged, usually winged forms, as for
example beetles, bugs, bees, wasps, and flies, and includes other allied
classes of arthropods whose members are wingless and usually have more
than six (6) legs, as for example spiders, mites, ticks, centipedes, and wood
lice, and also nematodes and other worms, and any other invertebrates which
are destructive, constitute a liability, and may be classed as pests;
(7) "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, bacteria, and viruses,
except those on or in living man or other living animals, and except those in or
on processed food, beverages, or pharmaceuticals;
(8) "Fertilizer" means any substance containing one (1) or more recognized plant
nutrients, which is used for its plant nutrient content and which is designed for
use or claimed to have value in promoting plant growth, except unmanipulated
animal and vegetable manures, marl, lime, limestone, wood ashes, and other
products exempted by administrative regulation;
(9) "Weed" means any plant which grows where not wanted;
(10) "Nematode" means invertebrate animals of the phylum nemathelminthes and
class nematoda, that is, unsegmented round worms with elongated, fusiform,
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or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or
plant parts, and may also be called nemas or eelworms;
"Snails or slugs" include all harmful mollusks;
"Person" means any individual, partnership, association, or any organized
group of persons whether incorporated or not;
"Equipment" means any type of ground, water, or aerial equipment, device, 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 the land, but shall not include any pressurized hand-sized
household device used to apply any pesticide;
"Restricted use pesticide" means any pesticide classified for restricted use by
the administrator, EPA, or by administrative regulation of the department;
"Land" means all land and water areas, including airspace, and all plants,
animals, structures, buildings, devices, and contrivances and machinery
appurtenant to or situated on them, fixed or mobile, including any used for
transportation;
"Pesticide applicator" means any individual employed or supervised by a
pesticide operator to apply pesticides. The term does not include trainees;
"Pesticide operator" means any individual who owns or manages a pesticide
application business that is engaged in the business of applying pesticides
upon the lands of another;
"Pest control consultant" means any person who, for a fee, offers or supplies
technical advice, supervision, or aid, or recommends the use of specific
pesticides for the purpose of controlling insect pests, plant diseases, weeds,
and other pests;
"Noncommercial applicator" means any individual employed by golf courses,
municipal corporations, public utilities, or other governmental agencies making
applications of pesticides to lands owned, occupied, or managed by his or her
employer;
"Wildlife" means all living things that are neither human, domesticated, nor, as
defined in this chapter, pests; including, but not limited to mammals, birds, and
aquatic life;
"Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for
shipment, or receive, and, having received, deliver or offer to deliver any
pesticides in this state excepting internal distribution within a company or
organization;
"EPA" means the United States Environmental Protection Agency;
"Label" means the written, printed, or graphic matter on, or attached to, the
pesticide or device or to any of its containers or wrappers;
"Spray adjuvant" means any wetting agent, spreading agent, sticker, deposit
builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or
similar agent intended to be used with any other pesticide as an aid to the
application or to the effect of it, and which is in a package or container separate
from that of the other pesticide with which it is to be used;
"Commissioner" means the Commissioner of the Department of Agriculture;
(26) "Dealer" means any person that engages in the storage of bulk fertilizer or a
restricted use pesticide for the purpose of redistribution or direct resale, or
engages in the business of applying any pesticide to the lands of another. A
"dealer" shall not include a manufacturer of a restricted use pesticide or a
fertilizer who distributes his or her product solely to a dealer;
(27) "Trainee" means an individual who has been employed by a dealer and is
working under the direct on-the-job supervision of a licensed operator or
applicator;
(28) "Direct on-the-job supervision" means having a licensed operator or licensed
applicator physically on site and directly supervising or training an individual in
the application of a pesticide;
(29) "Branch office" means any location of a dealer other than its designated
principal place of business location, but does not include on-premises and
off-premises bulk storage or receiving warehouses used solely for the purpose
of customer order filling;
(30) "Applicant" means a person applying for a license or registration under this
chapter;
(31) "Pesticide sales agent" means an individual who sells or distributes restricted
use pesticides or an individual who sells and makes recommendations for the
use or application of pesticides to the final user;
(32) "Limited license" means a license that is issued by the department for
noncommercial use, and shall be valid only when an individual is making
applications of pesticides to lands owned, occupied, or managed by his or her
employer; and
(33) "Certified crop advisor" means an individual who has met the requirements of
and has been certified by the Kentucky Certified Crop Advisor Board.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 172, sec. 1, effective July 14, 2000. -Amended 1996 Ky. Acts ch. 171, sec. 3, effective July 15, 1996. -- Amended
1992 Ky. Acts ch. 250, sec. 1, effective July 14, 1992. -- Amended 1974 Ky.
Acts ch. 148, sec. 3. -- Created 1972 Ky. Acts ch. 130, sec. 4.
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