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217.544 Definitions for chapter.
As used in this chapter, unless the context requires otherwise:
(1) "Active ingredient" means any ingredient which will prevent, destroy, repel,
control, or mitigate pests, or which will act as a plant regulator, defoliant, or
desiccant, or as a functioning agent in a spray adjuvant;
(2) "Adulterated" shall apply to any pesticide if its strength or purity falls below the
professed standard or quality as expressed on its labeling or under which it is
sold, or if any substance has been substituted wholly or in part for the
pesticide, or if any valuable constituent of the pesticide has been wholly or in
part abstracted;
(3) "Animal" means all vertebrate and invertebrate species, including but not
limited to man and other mammals, birds, fish, and shellfish;
(4) "Antidote" means the most practical immediate treatment in case of poisoning
and includes first-aid treatment;
(5) "Board" means the Pesticide Advisory Board;
(6) "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;
(7) "Desiccant" means any substance or mixture of substances intended to
artificially accelerate the drying of plant tissue;
(8) "Device" means any instrument or contrivance other than a firearm which is
intended for trapping, destroying, repelling, or mitigating any pest or any other
form of plant or animal life other than man and other bacteria, virus, or other
microorganisms on or in living man or other living animals; but not including
equipment used for the application of pesticides when sold separately
therefrom;
(9) "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 pesticides
in this state;
(10) "Environment" includes water, air, land, and all plants and man and other
animals living therein and the interrelationships which exist among these;
(11) "EPA" means the United States Environmental Protection Agency;
(12) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act as
amended;
(13) "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;
(14) "Highly toxic pesticide" means any pesticide determined to be highly toxic
under the authority of sec. 25(c)(2) of FIFRA or by the department under this
chapter;
(15) "Imminent hazard" means a situation which exists when the continued use of a
pesticide would likely result in unreasonable adverse effects on the
environment or will involve unreasonable hazard to the survival of a species
declared endangered by the secretary of the United States Department of
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Interior under Pub. L. 91-135 of the United States Congress;
"Inert ingredient" means an ingredient which is not an active ingredient;
"Ingredient statement" means a statement of the name and percentage of each
active ingredient together with the total percentage of the inert ingredients in
the pesticide and, when the pesticide contains arsenic in any form, a statement
of the percentage of total and water-soluble arsenic, each stated as elemental
arsenic;
"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, flies, and to 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, also nematodes and
other invertebrates which are destructive, constitute a liability, and may be
classed as pests;
"Label" means the written, printed, or graphic matter on, or attached to, the
pesticide or device, or to any of its containers or wrappers;
"Labeling" means the label and other written, printed, or graphic matter:
(a) On the pesticide or device, or any of its containers or wrappers;
(b) Accompanying the pesticide or device at any time or referring to it in any
other media used to disseminate information to the public; and
(c) To which reference is made on the label or in the literature accompanying
the pesticide or device, except when accurate nonmisleading reference is
made to current official publications of the United States Environmental
Protection Agency, the Departments of Agriculture and Interior, the
Department of Health, Education and Welfare, and other similar federal
institutions, the College of Agriculture, University of Kentucky, Kentucky
Agricultural Experiment Station, Cabinet for Health and Family Services,
Energy and Environment Cabinet, or other agencies of this state or other
states when such agencies are authorized by law to conduct research in
the field of pesticides;
"Land" means all land and water areas, including air space and all plants,
animals, structures, buildings, contrivances, and machinery appurtenant
thereto, or situated thereon, fixed or mobile, including any used for
transportation;
"Misbranded" means a pesticide is misbranded if:
(a) Its labeling bears any statement, design, or graphic representation
relative thereto or to its ingredients which is false or misleading in any
particular;
(b) It is an imitation of or is distributed under the name of another pesticide;
(c) The labeling accompanying it does not contain directions for use which
are necessary for effecting the purpose for which the product is intended
and, if complied with, together with any requirements imposed under
section 3(d) of FIFRA are adequate to protect health and the
environment;
(d)
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The labeling does not contain a statement of the use classification under
which the product is registered by EPA;
(e) The label does not contain a warning or caution statement which may be
necessary and if complied with, together with any requirements imposed
under section 3(d) of FIFRA, is adequate to protect health and the
environment;
(f) The label does not bear an ingredient statement on that part of the
immediate container, and on the outside container or wrapper, if there be
one, through which the ingredient statement on the immediate container
cannot be clearly read, of the retail package which is presented or
displayed under customary conditions of the purchase; provided, that the
ingredient statement may appear prominently on another part of the
container pursuant to section 2(q) 2(A) (i) (ii) of FIFRA if the size and form
of the container makes it impractical to place it on that part of the retail
package which is presented or displayed under customary conditions of
purchase;
(g) Any word, statement, or other information required by KRS 217.542 to
217.630 or FIFRA to appear on the label or labeling is not prominently
placed thereon with such conspicuousness, as compared to 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;
(h) The label does not bear the name, brand, or trademark under which the
pesticide is distributed;
(i) The label does not bear the net weight or measure of the content;
(j) The label does not bear the name and address of the manufacturer,
registrant, or person for whom manufactured; and
(k) The label does not bear the EPA registration number assigned to each
establishment in which the product is produced and the EPA number
assigned to the pesticide, if required by regulation under FIFRA;
"Nematode" means invertebrate animals of the phylum nemathelminthes and
class nematoda, that is, unsegmented round worms with elongated, fusiform,
or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or
plant parts; may also be called nemas or eelworms;
"Person" means any individual, partnership, association, or any organized
group of persons whether incorporated or not;
"Pest" means any insect, snail, slug, rodent, nematode, fungus, weed, and 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 may declare to be a pest;
"Pesticide" means any substance or mixture of substances intended to
prevent, destroy, control, repel, attract, or mitigate any pest; any substance or
mixture of substances intended to be used as a plant regulator, defoliant, or
desiccant; and any substance or mixture of substances intended to be used as
a spray adjuvant;
(27) "Plant regulator" means any substance or mixture of substances, intended
through physiological actions, 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;
(28) "Protect health and the environment" means protection against any
unreasonable adverse effects on the environment;
(29) "Registrant" means a person who has registered any pesticide pursuant to the
provisions of KRS 217.542 to 217.630;
(30) "Restricted-use pesticide" means any pesticide classified for restricted use by
the administrator, EPA, or by regulation of the department;
(31) "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 thereof, and which is in a package or container
separate from that of the other pesticide with which it is to be used;
(32) "Unreasonable adverse effects on the environment" means any unreasonable
risk to man or the environment, taking into account the economic, social, and
environmental costs and benefits of the use of any pesticide;
(33) "Weed" means any plant which grows where not wanted; and
(34) "Wildlife" means all living things that are neither human, domesticated, nor as
defined in KRS 217.542 to 217.630, pests, including but not limited to
mammals, birds, and aquatic life.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 323, effective July 15, 2010. -Amended 2005 Ky. Acts ch. 99, sec. 517, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 461, effective July 15, 1998. -- Amended 1980 Ky.
Acts ch. 295, sec. 49, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 200,
sec. 3.
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