010-28 Wyo. Code R. § 28-2

Current through April 27, 2019

Section 28-2 - Definitions

Terms used in these regulations are in addition to those set forth in WS 35-7-354 1977, as amended. The following terms shall have the meaning stated below:

(a) Accident means an unexpected, und esirable event, caused by the use of, or presence of a pesticide, that adversely affects man or the environment.

(b) Act means the Wyoming Environmental Pesticide Control Act of 1973.

(c) Agricultural Commodity means any plant, or part thereof, or animal or animal product, produced by a person primarily for sale, consumption, propagation or other use by man or animals.

(d) Applicator means any individual certified in one of the following license classifications:

(i) 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 as restricted use for any purpose or on any property other than as provided under the definition of Private Applicator. Commercial Applicator also means a certified applicator who uses or supervises the use of any pesticide during any commercial application as defined by paragraph (f) of this section.

(ii) Private Applicator means any certified applicator who uses or supervises the use of any restricted use pesticide which is restricted to use by certified applicators and only for purposes of producing any agricultural commodity on property owned by him or his employer or under his control or (is applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.

(e) Calibration of Equipment means measurement of dispersal or output of application equipment and adjustments of such equipment to control the rate of dispersal, and droplet or particle size of a pesticide dispersed by the equipment.

(f) Commercial Application means the application of any pesticide, (excluding sanitizers/disinfectants), done by contract or hire.

(g) Director means the Director of Agriculture for the State of Wyoming or his designated Department of Agriculture employee.

(h) Common Exposure Route means a likely way (oral, dermal, respiratory) by which a pesticide may reach and/or enter an organism.

(i) Compatibility means that property of a pesticide that permits its use with other chemicals without undesirable results being caused by the combination.

(j) 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 associated responsibility.

(k) Direct Supervision means (unless otherwise prescribed by the labeling) the act or process whereby any 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, within a reasonable time and distance, even though such certified applicator is not physically present at the time and place the pesticide is applied.

(i) At a minimum, availability of the certified applicator must be directly related to the hazard of the situation. The certified applicator must be available by immediate contact through telephone or radio, or must be physically present on-site when use of the pesticide poses a potentially serious hazard to people or the environment.

(l) Environment means water, air, land and all plants, man or other animals living therein, and the relationships which exists among them.

(m) Equipment means any equipment or contrivance used to apply pesticides to the environment, but shall not include any pressurized hand-size household apparatus used to apply pesticides.

(n) 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.

(o) General Use Pesticide means any pesticide formulation not classified as restricted use.

(p) 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.

(q) Host means any plant or animal on or in which another lives for nourishment, development or protection.

(r) Label means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

(s) Labeling means the label and all other written, printed or graphic matter:

(i) accompanying the pesticide or device at any time; or

(ii) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency; the United States Department of Agriculture and Interior; the Department of 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.

(t) Land means all land and water areas, including air space, and all plants, animals, structures, buildings and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(u) Licensed Pesticide Dealer means any person who makes available for use any restricted use pesticide, or who offers to make available for use any restricted use pesticide.

(v) Make Available For Use means to distribute, sell, ship, deliver for shipment, or receive and (having so received) deliver for use by any person. However, the term shall not include transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail dealers acting only in those capacities.

(w) Minor Crops Grown for Seed means alfalfa grown for seed, turf grasses grown for seed, forage grasses grown for seed, trefoils grown for seed, vetch grown for seed, clovers grown for seed, miscellaneous vegetables grown for seed, miscellaneous legumes grown for seed, miscellaneous Brassica sp. grown for seed, sunflowers grown for seed and miscellaneous tree and shrub sp. grown for seed.

(x) Non-Target Organism means a plant or animal other than the one against which the pesticide is applied.

(y) 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.

(z) Persistence means that period of time a pesticide and its biologically active metabolites remain in the environment.

(aa) Person means any individual, partnership, association, corporation or any organized group of persons whether incorporated or not.

(bb) Pest means any insect, snail, slug, rodent, predator, nematode, fungi, weed or other form of terrestrial or aquatic plant, or animal life, or virus, bacteria, or other micro-organisms (except viruses, bacteria, or other micro-organisms in or on living man or other living animals) which the board of certification declares to be a pest.

(cc) Protective Equipment means clothing or any other material or devices that shield against unintended exposure to pesticides.

(dd) Regulated Pest means a specific organism considered to be a pest requiring regulatory restrictions, regulations, or control procedures in order to protect the host, man and/or his environment.

(ee) Restricted-Use Pesticide means any pesticide product, the label of which states "restricted use" as required for registration by the Environmental Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act of 1972, as amended.

(ff) Susceptibility means the degree to which an organism is affected by a pesticide at a particular level of exposure.

(gg) Toxicity means the property of a pesticide to cause any adverse physiological effects.

010-28 Wyo. Code R. § 28-2