Section 69-23-107 - DefinitionsWhen used in the context of Sections 69-23-101 through 69-23-135, the following terms shall be ascribed the following meanings:
(a) "Commissioner" means the Commissioner of Agriculture and Commerce of the State of Mississippi.(b) "Certification" means the recognition by a state that a person is competent and thus authorized to use or supervise the use of restricted use pesticides.(c) "Certified applicator" means any person who is certified to use or supervise the use of any restricted use pesticide covered by this certification.(d) "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 that is classified for restricted use for any purpose or on any property other than as provided by the definition of "private applicator."(e) "Division" means the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce.(f) "Division of Plant Industry" means the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce.(g) "EPA" means the United States Environmental Protection Agency.(h) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, as amended.(i) "License" means a license, certificate or permit.(j) "Person" means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.(k) "Pest" means: (i) Any insects, rodents, nematodes, fungi, weeds; and(ii) Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria or other microorganism on or in living man or other living animals) that the commissioner declares to be a pest.(l) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.(m) "Private applicator" means a certified applicator who uses or supervises the use of any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned, rented or controlled by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person, subject to regulations adopted under authority granted by Sections 69-23-101 through 69-23-135.(n) "Public applicator" means any individual who applies restricted use pesticides as an employee of a state agency, municipal corporation, public utility, or other governmental agency. This term does not include employees who work under direct "on-the-job" supervision of a public applicator.(o) "Restricted use pesticide" means any pesticide classified for restricted use by EPA or by the commissioner.(p) "State restricted pesticide use" means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the commissioner determines subsequent to a hearing, requires additional restrictions for that use to protect the environment including man, lands, beneficial insects, animals, crops and wildlife, other than pests.(q) "Under the direct supervision of a certified applicator" means, unless otherwise prescribed by its labeling, a pesticide that is to be applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though that certified applicator is not physically present at the time and place the pesticide is applied.(r) "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.(s) Words and terms as defined in Sections 69-19-1 through 69-19-15, 69-21-101 through 69-21-128 and 69-23-1 through 69-23-29, when used in Sections 69-23-101 through 69-23-135 shall have the same meaning ascribed therein.Laws, 1975, ch. 318, § 4; Laws, 1991, ch. 530, § 18; Laws, 2005, ch. 533, § 23; Laws, 2009, ch. 515, § 14, eff. 4/8/2009.