(a) Terms used in this subpart have the same meaning as in the Act. In addition, the following definitions are applicable to all aspects of the certification of pesticide applicator program in this part:
(1) The term accident means an unexpected, undesirable event, caused by the use or presence of a pesticide, that adversely affects man or the environment.
(2) The term Act means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (86 Stat. 973), and other legislation supplementary thereto and amendatory thereof.
(3) The term Administrator means the Administrator of the Environmental Protection Agency, or any office or employee of the Agency to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.
(4) The term Agency, unless otherwise specified, means the United States Environmental Protection Agency.
(5) The term 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) The term calibration of equipment means measurement of dispersal or output of application equipment and adjustment of such equipment to control the rate of dispersal, and droplet or particle size of a pesticide dispersed by the equipment.
(7) The term certification means the recognition by a certifying agency that a person is competent and thus authorized to use or supervise the use of restricted use pesticides.
(8) The term certified applicator means any individual who is certified to use or supervise the use of any restricted use pesticides covered by his certification.
(9) The term commercial applicator means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by the definition of “private applicator.”
(10) The term compatibility means that property of a pesticide which permits its use with other chemicals without undesirable results being caused by the combination.
(11) The term competent means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and the associated responsibility.
(12) The term common exposure route means a likely way (oral, dermal, respiratory) by which a pesticide may reach and/or enter an organism.
(13) The term environment means water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among them.
(14) The term forest means a concentration of trees and related vegetation in non-urban areas sparsely inhabited by and infrequently used by humans; characterized by natural terrain and drainage patterns.
(15) The term hazard means a probability that a given pesticide will have an adverse effect on man or the environment in a given situation, the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time.
(16) The term host means any plant or animal on or in which another lives for nourishment, development, or protection.
(17) The term non-target organism means a plant or animal other than the one against which the pesticide is applied.
(18) The term ornamental means trees, shrubs, and other plantings in and around habitations generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial and institutional buildings.
(19) The term practical knowledge means the possession of pertinent facts and comprehension together with the ability to use them in dealing with specific problems and situations.
(20) The term private applicator means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.
(21) The term protective equipment means clothing or any other materials or devices that shield against unintended exposure to pesticides.
(22) The term regulated pest means a specific organism considered by a State or Federal agency to be a pest requiring regulatory restrictions, regulations, or control procedures in order to protect the host, man and/or his environment.
(23) The term restricted use pesticide means a pesticide that is classified for restricted use under the provisions of section 3(d)(1)(C) of the Act.
(24) The term standard means the measure of knowledge and ability which must be demonstrated as a requirement for certification.
(25) The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and American Samoa.
(26) The term susceptibility means the degree to which an organism is affected by a pesticide at a particular level of exposure.
(27) The term toxicity means the property of a pesticide to cause any adverse physiological effects.
(28) The term under the direct supervision of means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.
(b) Limited. The following definitions apply only to dealers, dealerships and transactions in States or on Indian Reservations where EPA conducts a Federal Pesticide Applicator Certification Program.
(1) The term restricted use pesticide retail dealer means any person who makes available for use any restricted use pesticide, or who offers to make available for use any such pesticide.
(2) The term make available for use means to distribute, sell, ship, deliver for shipment, or receive and (having so received) deliver, to any person. However, the term excludes transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail sellers, acting only in those capacities.
(3) The term dealership means any site owned or operated by a restricted use pesticide retail dealer where any restricted use pesticide is made available for use, or where the dealer offers to make available for use any such pesticide.
(4) The term uncertified person means any person who is not holding a currently valid certification document indicating that he is certified under section 11 of FIFRA in the category of the restricted use pesticide made available for use.
(5) The term principal place of business means the principal location, either residence or office, in the State in which an individual, partnership, or corporation applies pesticides.
[39 FR 36449, Oct. 9, 1974, as amended at 48 FR 53974, Nov. 1983; 73 FR 75599, Dec. 12, 2008]
Title 40 published on 2012-07-01
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