Ariz. Admin. Code § R3-3-1001 - Definitions

In addition to the definitions set forth in A.R.S. § 3-3101 and as defined in the federal regulations under 40 CFR § 170.305 (as amended October 30, 2020, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-D/section-170.305 This material is incorporated by reference, is on file with the Department and does not include any later amendments or editions), the following terms apply to this Article:

1. "Agricultural emergency" means a sudden occurrence or set of circumstances that:

a. An agricultural employer could not have anticipated and over which the agricultural employer has no control,

b. Requires entry into a treated area during a restricted-entry interval, and

c. No alternative practices would prevent or mitigate a substantial economic loss.

2. "Agricultural employer" means any person, including a farm labor contractor, who hires or contracts for the services of workers for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of, or is responsible for, the management or condition of an agricultural establishment that uses agricultural workers.

3. "Agricultural establishment" means any farm, forest, nursery, or greenhouse using pesticide products that are required by label to be used in accordance with the federal worker protection standards. An establishment is exempt from the requirements of this Article if the establishment uses only products that do not have a federal worker protection statement on the label.

4. "Agricultural plant" means any plant grown or maintained for commercial or research purposes and includes:

a. Food, feed, and fiber plants;

b. Trees;

c. Turfgrass;

d. Flowers, shrubs;

e. Ornamentals; and

f. Seedlings.

5. "Chemigation" means the application of pesticides through irrigation systems.

6. "Consultation" means an on-site visit by, or a response to an inquiry from, the Agricultural Consulting and Training program personnel, pursuant to A.R.S. § 3-109.01, to review agricultural practices and obtain documented non-regulatory advice to help ensure compliance with the issues addressed.

7. "De minimis violation" means a condition or practice which, although undesirable, has no direct or immediate relationship to safety or health (A.R.S. § 3-3101(2) ).

8. "Early entry" means any worker or handler entering a treated area after a pesticide is applied to a location on the agricultural establishment and before the expiration of the restricted-entry interval.

9. "Farm labor contractor" means any person who hires or contracts for the services of workers for any type of compensation, to perform activities related to the production of agricultural plants, but does not own or is not responsible for, the management or condition of an agricultural establishment.

10. "Flagger" means a person who indicates an aircraft spray swath width from the ground.

11. "Gravity based penalty" means an unadjusted penalty calculated for each violation, or combined or grouped violations, by adding the gravity factor to the other penalty factors.

12. "Handler" means any person, including a self-employed person:

a. Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which this Article applies and who does any of the following:

i. Mixing, loading, transferring, or applying pesticides;

ii. Disposing of pesticides, or non-triple rinsed or equivalent pesticide containers;

iii. Handling open containers of pesticides;

iv. Acting as a flagger;

v. Cleaning, adjusting, handling, or repairing any part of mixing, loading, or application equipment that may contain pesticide residue;

vi. Assisting with the application of pesticides;

vii. Entering a greenhouse or other enclosed area after the pesticide application and before either the inhalation exposure level listed in the labeling is reached or any of the ventilation criteria in R3-3-1002 or in the labeling has been met to operate ventilation equipment, adjust or remove coverings used in fumigation, or monitor air levels.

viii. Entering a treated area outdoors after pesticide application of any soil fumigant to adjust or remove soil coverings.

ix. Performing tasks as a pest control advisor during any pesticide application.

b. The term handler does not include:

i. Any person who handles only pesticide containers that are emptied or cleaned according to pesticide product labeling instructions or, in the absence of labeling instructions, are triple-rinsed or its equivalent;

ii. Any person who handles only pesticide containers that are unopened; or

iii. Any person who repairs, cleans, or adjusts the pesticide application equipment at an equipment maintenance facility, after the equipment is decontaminated, and is not an employee of the handler employer.

13. "Handler employer" means any person who is self-employed as a handler or who employs a handler, for any type of compensation.

14. "Nonserious violation" means a condition or practice in a place of employment which does not constitute a serious violation but which violates a standard or rule and has a direct or immediate relationship to safety or health, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the condition or practice (A.R.S. § 3-3101(6) ).

15. "Personal protective equipment" means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

16. "Pest control advisor" means a crop advisor, as defined in the Worker Protection Standard, who assesses pest numbers or damage, pesticide distributions, or the status or requirements to sustain the agricultural plants. The term does not include a person who performs hand-labor tasks or handling activities.

17. "Pesticide" means:

(a) any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.

(b) any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant (A.R.S. § 3-341(21) ).

18. "Restricted-entry interval" means the time after the completion of a pesticide application during which entry into a treated area is restricted as indicated by the pesticide product label.

19. "Restricted use pesticide" means a pesticide classified as such by the United States Environmental Protection Agency (A.R.S. § 3-361(8)).

20. "Serious violation" means a condition or practice in a place of agricultural employment which violates a standard or rule or section 3-3104, subsection (A) and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice (A.R.S. § 3-3101(10) ).

21. "Substantial economic loss" means a loss in yield greater than expected based on the experience and fluctuations of crop yields in previous years. Only losses caused by an agricultural emergency specific to the affected site and geographic area are considered. The contribution of mismanagement is not considered in determining the loss.

22. "Treated area" means any area to which a pesticide is being directed or has been directed.

23. "Worker" means any person, including a self-employed person, who is employed for any type of compensation and who performs activities relating to the production of agricultural plants on an agricultural establishment. The requirements of this Article do not apply to any person employed by a commercial pesticide-handling establishment who performs tasks as a pest control advisor.

"Worker Protection Standard" or "WPS" means the regulations as prescribed in 40 CFR §§ 170.1 et seq., excluding 40 CFR §§ 170.401(c)(4) and 170.501(c)(4) (as amended October 30, 2020, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170). This material is incorporated by reference, on file with the Department and does not include any later amendments of editions.

Notes

Ariz. Admin. Code § R3-3-1001

Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1001 renumbered from R3-8-201 (Supp. 91-4). Amended effective March 3, 1995 (Supp. 95-1). Amended effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.