Current through Public Act 149 of the 2024 Legislative Session
Section 324.8305 - Definitions; N to P(1) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, which are unsegmented roundworms with elongated, fusiform, or sac-like bodies covered with cuticle that inhabit soil, water, plants, or plant parts. A nematode may also be called a nema or eelworm.(2) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.(3) "Pest" means an insect, rodent, nematode, fungus, weed, and other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, or any other organism that the director declares to be a pest under section 8322, except viruses, fungi, bacteria, nematodes, or other microorganisms in or on living animals.(4) "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating pests or intended for use as a plant regulator, defoliant, or desiccant. Pesticide does not include liquid chemical sterilant products, including any sterilant or subordinate disinfectant claims on such products, for use on a critical or semi-critical device, as defined in section 201 of the federal food, drug, and cosmetic act, chapter 675, 52 Stat. 1040, 21 U.S.C. 321. As used in this subsection: (a) "Critical device" includes any device that is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body.(b) "Semi-critical device" includes any device that contacts intact mucous membranes but that does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.(5) "Pesticide registration renewal" means the registration of any pesticide that was previously registered by the department.(6) "Place of business" means a location that is staffed by at least 1 person who independently, without supervision, sells or uses pesticides within this state or where a person exercises the right to control others in the sale or use of pesticides within this state.(7) "Plant regulator" means a substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce of plants. Plant regulator does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.(8) "Private agricultural applicator" means a certified applicator who uses or supervises the use of a restricted use pesticide for a private agricultural purpose.(9) "Private agricultural purpose" means the application of a pesticide for the production of an agricultural commodity on either of the following: (a) Property owned or rented by the person applying the pesticide or by his or her employer.(b) Property of another person if applied without compensation, other than trading of personal services between producers of agricultural commodities.(10) "Protect health and environment" means protection against any unreasonable adverse effects on the environment.(11) "Public building" means a building that is owned or operated by a federal, state, or local government, including public universities.1994, Act 451, Eff. 3/30/1995 ;--Am. 2002, Act 418, Imd. Eff. 6/5/2002.