Mo. Code Regs. tit. 2 § 70-25.010
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 2 CSR 70-25.010 - [Effective until 1/1/2025] DefinitionsPURPOSE: This rule defines certain terms in Chapter 281, RSMo 1986 and defines terms in these rules.
(1) Act-the Missouri Pesticide Use Act.(2) Agricultural commodity-any plant or part, animal or animal product produced or being produced by a person primarily for sale, consumption, propagation or other use by man or animals. (Producers of an agricultural commodity include farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, sod producers or other comparable persons.)(3) Direct supervision or directly supervised by-process by which a competent, noncertified applicator or pesticide technician uses or determines the need for the use of a pesticide while acting under control of a certified applicator, operator or private applicator with a permit. The certified applicator, operator or private applicator with a permit is responsible for the actions of the noncertified applicator or pesticide technician while using or determining the need for the use of a pesticide(s) even though the certified applicator, operator or private applicator with a permit is not present during the use of pesticides. This requires, at a minimum, that-(A) Certified applicators, operators or private applicators with a permit and noncertified applicators or pesticide technicians work from the same physical location;(B) While applying pesticides, noncertified applicators or pesticide technicians shall have in their possession either a work order, job ticket, invoice or similar document for that pesticide application. Each document shall include, at a minimum: 1. Name and license or permit number of the certified applicator, operator or private applicator with a permit providing direct supervision;2. Name of the noncertified applicator or name and license number of the pesticide technician being directly supervised; and3. Name of the person requesting the pesticide use and the address or brief description of the pesticide(s) use location and the use date.(C) The certified applicator providing direct supervision must provide the noncertified applicator or pesticide technician with a complete copy of the label and labeling for each pesticide used by the noncertified applicator or pesticide technician while using pesticides. The noncertified applicator or pesticide technician shall be required to follow all label and labeling directions;(D) Certified applicators, operators or private applicators with a permit shall be available and, when needed, respond by phone, radio or in person when noncertified applicators or pesticide technicians use pesticides; and(E) Certified applicators, operators or private applicators with a permit shall be at the pesticide use site when required by the pesticide label.(4) End user of a pesticide-that individual who uses or supervises the use of a pesticide.(5) Forest-a concentration of trees and related vegetation in nonurban areas sparsely inhabited by and infrequently used by humans and characterized by natural terrain and drainage patterns.(6) In the business of using pesticides- using, supervising the use of pesticides on the lands of another as a service to the public in exchange for a fee or compensation.(7) Label-the written, printed or graphic matter on or attached to, the pesticide or device or any of its containers or wrappers.(8) Labeling-all labels and other written, printed or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label or in literature accompanying the pesticide or device. Official publications of the Environmental Protection Agency, the United States Departments of Agriculture, Interior, and Health, Education and Welfare, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides are not to be considered labeling.(9) Legal age-eighteen (18) years, unless otherwise provided by law.(10) Limited rodent fumigation-the use of calcium cyanide dust for rodent control, in accordance with the label or labeling, by applicators certified in the category of General Structural Pest Control, at a distance greater than ten feet (10') from any building or dwelling for the control of rodents associated with, or likely to be associated with, the building or dwelling.(11) Ornamentals-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.(12) Outlet-that site, location, place, vehicle or personage (in the case of an individual who travels from place to place in the business of selling restricted use pesticides) at, or in which, or by whom, restricted use pesticides are sold at retail or otherwise made available to the end user. An outlet shall not necessarily be a site, location, place or vehicle where restricted use pesticides are merely stored or where the purchaser takes physical possession of the restricted use pesticide after it has been purchased.(13) Regulated pest-a specific organism determined by state or federal law to be a pest requiring regulatory restrictions, regulations or control procedures in order to protect the host, man and the environment.(14) Standards of competence-the level of excellence in the art of pest control to be demonstrated by the applicator or operator as a basis for certification.(15) Structure-any edifice or building including the contents, any patio or terrace attached and the land on which situated, plus any portion of land within the given proprietorship or any adjacent proprietorships which might constitute a potential harborage for pests which could affect the edifice or building or its contents, any portion of land upon which work has begun for the erection of an edifice or building, any wharf, dock, ship, boat, railroad siding or refuse area, and any vehicle used as common carrier. AUTHORITY: section 281.025, RSMo 1986.* Original rule filed May 12, 1976, effective Oct. 21, 1976. Amended: Filed Sept. 6, 1977, effective Dec. 11, 1977. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. *Original authority: 281.025, RSMo 1974, amended 1977, 1988, 1993, 1995.