Ala. Admin. Code r. 80-1-13-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-1-13-.02 - Definitions

For the purpose of this Chapter and to further implement and expand upon the definitions set out in Code of Ala. 1975, §§ 2-27-2 and 2-27-50, the following definitions should be applicable:

(a)Agricultural Commodity means any plant, or part thereof, animal or animal product, produced by a person (including farmers, ranchers, vineculturists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals.

(b)Category(ies) means a unique class of pesticide applicators requiring special skills and knowledge.

(c)Competent means understanding the particular functions associated with pesticide application, the degree of competency being directly related to the nature of the pesticide activity and the associated responsibility.

(d)Commercial Applicator means a permitted applicator (whether or not he is a private applicator with respect to some pesticide uses) who uses or supervises the use of restricted use pesticides and other pesticides for any purpose or on any property other than provided by (f) of this rule. Commercial applicators shall be further identified according to the type of pesticide application engaged in as follows:

1.Custom Pesticide Applicator means a permitted applicator who uses or supervises the use of restricted use pesticides and other pesticides as a full-time employee of a licensed custom pesticide applicator. All persons engaged in the custom application of pesticide for remuneration must meet all certification, license/permit and insurance requirements prior to engaging in this work. Such persons who use such equipment and/or labor for hire to service property not owned or leased by them, including service by contract for any government agency property, are specifically not exempted from such requirements under § 2-27-52.

2.Custodial Pesticide Applicator means a commercial applicator who uses or supervises the use of restricted use pesticides and other pesticides for purposes other than production of an agricultural commodity on property owned, leased, or otherwise in control of another person as part of his permanent salaried employment for the owner, lessor, or person in control of the property.

3.Governmental Pesticide Applicator means a permitted applicator who uses or supervises the use of restricted use pesticides and other pesticides as a part of his permanent employment with a federal, state, county or municipal governmental agency in pest control programs conducted by such governmental agencies.

4.Resident Pesticide Applicator means a permitted applicator who uses or supervises the use of restricted use pesticides and other pesticides for purposes other than the production of an agricultural commodity on property owned or leased by him or to property owned or leased by another person if applied without compensation other than trading personal services with another property owner.

5.Pesticide Consultant means a permitted applicator who advises, consults or makes recommendations for the application of any pesticides on property owned, leased, or otherwise controlled by another person.

6.Pest means any insect, rodent, nematode, fungus, weed, or any form or terrestrial or aquatic plant of animal life or virus, bacteria or other microorganisms (except viruses, bacteria or other microorganisms on or in living man or other living animals).

(e)Permitted Applicator means an individual who is permitted by the Commissioner to recommend the use of, use or supervise the use of restricted use pesticides and other pesticides as a commercial or custom applicator.

(f)Private Applicator means a permitted applicator who uses or supervises the use of any pesticide which is classified for restricted use for purpose of producing any agricultural commodity on property owned or rented 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.

(g)Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or in living man or other animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

Ala. Admin. Code r. 80-1-13-.02

Filed April 19, 1982. Amended: Filed August 18, 2006; effective September 22, 2006. Amended: Filed October 24, 2008; effective November 28, 2008.

Author: Charles H. Barnes, Robert J. Russell

Statutory Authority:Code of Ala. 1975, §§ 2-27-8, 2-27-57.