S.C. Code Regs. 27-1070 - Definitions
A. Director means
the Director of the Division of Regulatory and Public Service Programs, Clemson
University.
B. Department is the
Department of Pesticide Regulation, a department within the Division of
Regulatory and Public Service Programs, Clemson University, and the successor
to the Department of Fertilizer and Pesticide Control and the Plant Pest
Regulatory Service.
C. Business
means any person, as defined in the Pesticide Control Act, engaging in
activities regulated by the Act for hire or remuneration of any kind, including
trade or barter, on the property of another. Business activity includes
performing structural pest control activities, as defined below.
D. Performing structural pest control
activities includes, but is not limited to, the use of any pesticide in, on,
under, or immediately adjacent to any structure with the intent to prevent,
destroy, repel or otherwise mitigate any pest or engaging in any other
activities intended or claimed to mitigate pests in structures including the
installation of devices. Structural pest control activities also includes the
soliciting, advertising, or making of sales proposals in any form for any
services involving the use of pesticides in, on, under, or immediately adjacent
to any structure with the intent to prevent, destroy, repel, or otherwise
mitigate any pest. (Licensing is mandatory in this category as per Section
27-1085
L, below.)
(1) The use of EPA-registered
disinfectants for ordinary or disaster-recovery cleaning purposes is not a
structural pest control activity, provided that no claims are made for the
control of pests in the structure.
(2) The application of EPA-registered
cleaning agents to the interior of ductwork as part of an ordinary cleaning
process is not a structural pest control activity, provided that no claims are
made for the control of pests in the structure or in the ductwork.
(3) The installation of animal traps in
structures for the control of nuisance vertebrate pests other than commensal
rodents (e.g. rats and mice) is not a structural pest control
activity.
(4) Making an inspection
for or issuing the Official South Carolina Wood Infestation Report, which must
be issued by a licensed applicator as detailed below, is a structural pest
control activity.
(5) Making
pesticide treatment recommendations is a structural pest control
activity.
(6) The inspection of a
structure for the purposes of rendering an opinion as a consultant or expert
regarding structural damage due to insects or other organisms, the adequacy of
previous treatment or inspection, or similar issues regulated under these
Regulations is not a structural pest control activity.
E. Warranty sales means the sale of renewable
or non-renewable warranty coverage or contracts against structural pests,
excluding guarantees of accuracy associated with the issuance of the Official
S.C. Wood Infestation Report, which are not supported by any treatment or
control measures. The re-issuance of warranties in the purchasing company's
name following the purchase of one company by another is not a warranty sale,
nor is the reinstatement of warranties on previously treated
structures.
F. Branch office means
any physical location at which business records are maintained separate from
the main business office, or, if no records are maintained there, any location
which three (3) or more employees utilize as their base of daily
activities.
G. Termiticide means
any pesticide or treated article intended to protect a structure against
subterranean termites. The definition includes baits, all conventional
soil-applied termiticides regardless of their mode of action, wood-treatment
products such as borates when applied during or after construction, and
construction materials impregnated with insecticides and intended to protect
the structure from attack. It also includes stainless steel mesh, uniform-size
sand or gravel materials, or other physical barriers for which termite control,
termite detection, or termite mitigation claims are made.
H. Pretreat and pretreatment refer to the
subterranean termite control treatment performed on a building while it is
under construction. This treatment is normally performed in several stages as
the building is completed.
(1) For liquid
treatments a pretreat is considered to begin on the day that the first
application of chemical is made.
(2) For pretreatments performed with bait
systems or physical barriers the treatment is considered to have begun when
bait or monitoring stations are first installed.
(3) For pretreatments conducted with borate
or other wood-treatment products the treatment is considered to have begun at
the time the first application to the structure is made.
I. Pesticide use means the distribution,
holding for distribution or sale, sale, mixing, loading, transportation,
application, or storage of any material for which pesticidal claims are
made.
J. Performing public health
pest control activities includes, but is not limited to, the use of any
pesticide with the intent to prevent, destroy, repel, or otherwise mitigate any
pest of public health significance or engaging in any other activities intended
or claimed to mitigate pests of public health significance for compensation or
as a government employee on the property of another, including the installation
of devices. Public health pest control activities also includes the soliciting,
advertising, or making of sales proposals in any form for any services
involving the use of pesticides or devices with the intent to prevent, destroy,
repel or otherwise mitigate any pest of public health significance. (Licensing
is mandatory in this category as per Section
27-1085
L, below.)
(1) The use of EPA-registered
disinfectants for ordinary or disaster-recovery cleaning purposes is not a
public health pest control activity regulated by this Section.
(2) The installation of animal traps in or
around privately-owned structures for the control of vertebrate pests of public
health significance (e.g., rats and mice) is not a public health pest control
activity regulated by this Section.
(3) The installation of animal traps and the
distribution of poisons intended to control rat and mouse populations in or
around municipal streets, utilities, and public buildings or in other public
areas such as recreational and industrial parks, schools, public hospitals, and
similar areas is a public health pest control activity regulated by this
Section.
(4) The installation of
ultraviolet flying insect traps, air curtains, screens, and similar devices is
not a public health pest control activity regulated by this Section unless the
devices emit or employ pesticides or public health protection claims are
made.
K. Performing turf
and ornamental pest control activities includes, but is not limited to, the use
of any pesticide with the intent to prevent, destroy, repel or otherwise
mitigate any pest of publicly or privately owned turf or ornamental plantings
for compensation or as a government employee on the property of another,
including the installation of devices. Turf and ornamental pest control
activities also includes the soliciting, advertising, or making of sales
proposals in any form for any services involving the use of pesticides or
devices with the intent to prevent, destroy, repel, or otherwise mitigate any
pest of turf or ornamental plantings. (Licensing is mandatory in this category
as per Section
27-1085
L, below.)
(1) The application of pesticides
to ornamental plants in a greenhouse or nursery is not a turf and ornamental
pest control activity regulated by this Section.
(2) The installation of irrigation systems
and similar devices, including chemigation systems, is not a turf and
ornamental pest control activity regulated by this Section.
(3) The application of fertilizers not mixed
with pesticides or herbicides is not a turf and ornamental pest control
activity regulated by this Section, nor is the spray or broadcast application
of grass seed, mulch, or mixtures not containing materials registered as
pesticides or for which pesticidal claims are made.
(4) Maintenance activities such as mowing,
trimming, watering, and landscaping are not turf and ornamental pest control
activities regulated by this Section, even if claims of weed reduction or plant
health and growth are made.
L. Performing aquatic pest control activities
includes, but is not limited to, the use of any pesticide with the intent to
prevent, destroy, repel or otherwise mitigate any pest of publicly or privately
owned waters, including ponds, lakes, oceans, rivers, streams, reservoirs, and
impoundments, whether or not they are navigable, for compensation on the
property of another or as a government employee, including the installation of
devices. Aquatic pest control activities also includes the soliciting,
advertising, or making of sales proposals in any form for any services
involving the use of pesticides or devices with the intent to prevent, destroy,
repel, or otherwise mitigate any pest of publicly or privately owned waters,
including ponds, lakes, oceans, rivers, streams, reservoirs, and impoundments,
whether or not they are navigable, for compensation on the property of another.
(Licensing is mandatory in this category as per Section
27-1085
L, below.)
(1) The application of pesticides
to ornamental aquatic plants in a greenhouse or nursery is not an aquatic pest
control activity regulated under this Section.
(2) The installation of aeration systems and
similar devices or the use of mechanical harvesters to remove vegetation is not
an aquatic pest control activity regulated under this Section.
(3) The application of fertilizers not mixed
with pesticides or herbicides is not an aquatic pest control activity regulated
under this Section, nor is the use of dyes to suppress the growth of aquatic
vegetation.
(4) The installation of
devices to exclude, prevent, destroy, repel or otherwise mitigate aquatic pest
animals is not an aquatic pest control activity regulated under this
Section.
M. Structure
and building mean any edifice to which activities regulated under these
regulations are applied or proposed to be applied, including the area
underneath and immediately adjacent to the foundation.
N. All pronouns and any variations thereof in
these Regulations shall be deemed to refer to the masculine, feminine, neuter,
singular, or plural, as the identity of the person or entity may
require.
O. "Inactive license "
means a commercial applicator's license or a non-commercial applicator's
license which the Department has, after a qualified request from the license
holder, placed in that status as per Section
27-1078
O, below.
P. "Continuing
Certification Unit " (CCU) is a measure of the educational value of a course of
study judged by the Department to be suitable for meeting the recertification
requirements of Section
27-1078
N, below.
Notes
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