Ariz. Admin. Code § 3-3-101
In addition to the definitions in A.R.S. §§ 3-341 and 3-361, the following terms apply to this Chapter:
"Acute toxicity" means adverse physiological effects that result from a single dose or single exposure to a chemical; or any poisonous effect produced by a single dose or single exposure to a chemical within a short period of time, usually less than 96 hours.
"ADEQ" means the Arizona Department of Environmental Quality
"Adulterate" means to change a pesticide so that:
Its strength or purity falls below the standard of quality stated on the labeling under which it is sold,
Any substance has been substituted wholly or in part for the pesticide, or
Any constituent of the pesticide has been wholly or in part abstracted.
"Agricultural aircraft pilot" or "AAP" means any individual who pilots an agricultural aircraft to apply a pesticide.
"Agricultural commodity" means any plant, animal, plant product, or animal product produced for commercial or research purposes.
"Agricultural establishment" means any farm, ranch, forest, nursery, or greenhouse.
"Agricultural purpose" means use of a pesticide on an agricultural commodity. It excludes the sale or use of pesticides, in properly labeled packages or containers, for either home use, or use in swimming pools or spas.
"Agricultural use pesticide" means a pesticide product bearing a label requiring compliance with the Worker Protection Standard, and as prescribed by the agricultural use requirements on the label.
"Aircraft" means any mechanism used in flight.
"ALJ" means, according to A.R.S. § 41-1092, an individual or the Director who sits as an administrative law judge, who conducts administrative hearings in a contested case or an appealable agency action, and who makes decisions regarding the contested case or appealable agency action.
"Animal" means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish and shellfish. A.R.S. § 3-341(3)
"Application site" means the specific location, crop, object, field, or other area to which a pesticide is or is intended to be applied.
"Applicator" means any individual who applies, or causes to have applied, any pesticide on an agricultural establishment or golf course.
"Associate Director" means the Associate Director of the Environmental Services Division.
"Authorized activities" means, for compliance with A.R.S. § 3-365(D), any organized activities scheduled at a school or child care facility that use the school or child care facility or the school or child care grounds and for which the sponsors or organizers of the activity have received the written approval of a responsible administrative official of the school or child care facility.
"Buffer zone" means an area of land that allows pesticide deposition and residues to decline to a level that poses a reasonable certainty of no harm to a defined area.
"Bulk release" means the release of any pesticide or mixture of pesticides that poses a potential risk to property, human health, or the environment in volumes greater than those prescribed by the pesticide label for the application site. A pesticide dripping from a spray nozzle or minor splashing during mixing is not a bulk release.
"Certification plan" means an EPA authorized plan under 40 CFR § 171.303 (82 FR 1042, January 4, 2017, https://www.ecfr.gov/cur-rent/title-40/chapter-I/subchapter-E/part-171/subpart-D/section-171.303) for the certification of pesticide applicators to comply with the provisions of FIFRA. This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.
"Certified applicator" means any individual who is certified by the Department to use or supervise the use of any restricted use pesticide as a private, golf or commercial applicator.
"CEU" means continuing education unit.
"Child care facility" means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor and is licensed as a child care facility by the Arizona Department of Health Services. A.R.S. § 36-881(3). Child care facilities are commonly known as day care centers.
"Commercial applicator" or "PUC" means a certified applicator (whether or not the applicator is a private applicator with respect to some uses) who uses or supervises the use of a restricted use pesticide for any purpose or on any property other than for producing an agricultural commodity on property owned or controlled by:
The applicator;
The applicator's employer; or
Another person, if the application is performed without compensation, other than trading of personal services between producers of agricultural commodities.
"Contamination" means a concentration of pesticide sufficient to violate state or federal water, soil, food, feed, or air contamination standards, except if legally applied.
"Continued pesticide application" means the continuance of an interrupted application of the same pesticide to the same application site within the same section, township, and range within the same reporting period.
"Custom application equipment" means aircraft, drones, remote-controlled equipment, and ground equipment used for pesticide application by a custom applicator.
"Custom applicator" or "CAL" means any person, except a person regulated by the PMD, who applies pesticides for hire, by drone, or by aircraft.
"Defoliation" means killing or artificially accelerating the drying of plant tissue with or without causing abscission.
"Device" means any instrument or contrivance that is intended to be used for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than a human being and a bacterium, virus, or other microorganism on or in a living human being or other living animal. Device does not include firearms, mechanical traps, or equipment used for the application of pesticides if the application equipment is sold separately.
"Diluent" means any substance added to a pesticide before application to reduce the concentration of the active ingredient in the mixture.
"Direct release" means to apply a pesticide outside the boundaries of an application site, at the time of application, while the valve controlling the normal flow of pesticide from the application device is in the open position and the application device is not within the confines of the application site. Direct release does not mean the drift or discharge of a pesticide caused by a mechanical malfunction of the application device that is beyond the control of the operator. Direct release does not mean a release caused by accident, or done to avoid an accident that would have resulted in greater harm than that caused by the pesticide release.
"Disposal" means discarding a pesticide or pesticide container that results in the deposit, dumping, burning, or placing of the container or unused pesticide on land or into the air or water.
"Drift" means the physical movement of pesticide through the air at the time of a pesticide application from the application site to any area outside the boundaries of the application site. Drift does not include movement of a pesticide or associated degradation compounds to any area outside the boundaries of an application site if the movement is caused by erosion, run off, migration, volatility, or windblown soil particles that occur after application, unless specifically addressed on the pesticide label with respect to drift control requirements.
"Drone" means a remote-controlled pilotless aircraft or small flying device used to apply pesticides.
"Drone Pilot License" or "DPL" means any individual who pilots a drone to apply a pesticide.
"EPA" means the United States Environmental Protection Agency.
"Experimental use permit" means a permit issued by the EPA, or the Department according to A.R.S. § 3-350.01, to a person for the purpose of experimentation, which includes the accumulation of information necessary for the registration of a pesticide.
"Exposure" means the inhalation or ingestion of a pesticide, or eye or skin contact with a pesticide.
"FAA" means the Federal Aviation Administration
"FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § § 136 et seq. (as amended P.L. 117"" 328, December 29, 2022, https://www.govinfo.gov/content/pkg/COMPS-10326/uslm/COMPS-10326.xml). This material is incorporated by reference throughout the Chapter, is on file with the Department and includes no later amendments or editions.
"Fumigant" means a substance or mixture of substances that produces gas vapor or smoke intended to control a pest in stored agricultural commodities or to control burrowing rodents.
"Golf applicator" or "PUG" means an applicator who uses or supervises the use of a restricted use pesticide for the maintenance of the ornamental and turf areas of the golf course that is owned or controlled by the applicator or the applicator's employer.
"Handler" means any person, including a self-employed person:
Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which this Article applies and who is:
Mixing, loading, transferring, or applying pesticides.
Disposing of pesticides or pesticide containers.
Handling opened containers of pesticides.
Acting as a flagger.
Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues.
Assisting with the application of pesticides.
Entering a greenhouse or other enclosed area after the application and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established under 40 CFR § 170.110(c)(3) of the Worker Protection Standard (August 21, 1992, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-B/section-170.110) The incorporated reference is on file with the Department and does not include any later amendments or editions, or in the labeling has been met:
To operate ventilation equipment.
To adjust or remove coverings used in fumigation.
To monitor air levels.
Entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins. Performing tasks as a crop advisor:
During any pesticide application.
Before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established under 40 CFR § 170.110(c)(3) of the Worker Protection Standard (August 21, 1992, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-B/section-170.110), or in the labeling has been met. The incorporated reference is on file with the Department and does not include any later amendments or editions.
During any restricted-entry interval.
The term does not include any person who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been subjected to triple-rinsing or its equivalent.
"Health care institution" means any institution that provides medical services, nursing services, health screening services, and other health-related services, and is licensed by the Arizona Department of Health Services.
"Highly toxic pesticide" means a pesticide with an acute oral LD50 of 50 milligrams per kilogram of body weight or less, dermal LD50 of 200 milligrams per kilogram of body weight or less, or inhalation LD50 of 0.2 milligrams per liter of air or less, and the label bears the signal words "danger" and "poison" and shows a skull and crossbones.
"Immediate family" includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters.
"Individual" means a human being.
"Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes and wood lice. A.R.S. § 3-341(14)
"Integrated Pest Management" or "IPM" means a sustainable approach to managing pests that uses any combination of biological, chemical, cultural, genetic, manual, or mechanical tools or techniques in a way that minimizes health, environmental, and economic risks.
"Label" means the written, printed or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if there is any, of the pesticide or device. A.R.S. § 3-341(15)
"Labeling" means all labels and other written, printed or graphic matter:
Upon the pesticide or device or any of its containers or wrappers.
Accompanying the pesticide or device at any time.
To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, non-misleading reference is made to current official publications of the United States departments of agriculture or interior, the United States public health service, state experiment stations, state agricultural colleges or other similar federal institutions or official agencies of the state or other states authorized by law to conduct research in the field of pesticides. A.R.S. § 3-341(16).
"LD50" means a statistically derived estimate of a single dose of pesticide that can be expected to cause death in 50 percent of laboratory test animals as determined by an EPA approved procedure. The LD50 value is expressed in terms of weight of test substance per unit weight of the test animal (mg/kg)
"Livestock" means clovenhoofed animals, horses, mules, or asses.
"PCA" or "agricultural pest control advisor" means any individual who, as a requirement of, or incidental to, the individual's employment or occupation:
Offers a written recommendation to a regulated grower or to any public or private agency concerning the control of any agricultural pest,
Claims to be an authority or general advisor on any agricultural pest or pest condition, or
Claims to be an authority or general advisor to a regulated grower on any agricultural pest.
"Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. A.R.S. § 3-341(19)
"Pest" means:
Any weed, insect, vertebrate pest, nematode, fungus, virus, bacteria or other pathogenic organisms.
Any other form of terrestrial or aquatic plant or animal life, except virus, bacteria or other microorganism on or in living humans or other living animals, which the director declares to be a pest for the purpose of enforcement of this Article. A.R.S. § 3-341(20) (b)
"Pesticide" means any substance or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating insects, fungi, bacteria, weeds, rodents, predatory animals or any form of plant or animal life which is, or which the director may declare to be, a pest which may infest or be detrimental to vegetation, humans, animals or households or which may be present in any environment. A.R.S. § 3-361(6)
"Pesticide container" means any container with an interior surface that is in direct contact with a pesticide.
"Pesticide Grower Permit" or "PGP" means a permit issued by the Department that allows a qualifying person to act as a regulated grower.
"Pesticide use" means the sale, processing, storing, transporting, handling or applying of a pesticide and disposal of pesticide containers. A.R.S. § 3-361(7)
"PMD" means the Pest Management Division of the Arizona Department of Agriculture.
"Private applicator" or "PUP" means a certified applicator who uses or supervises the use of a restricted use pesticide for producing an agricultural commodity on property owned or controlled by:
The applicator;
The applicator's employer; or
Another person, if the pesticide is applied without compensation, other than trading of personal services between producers of agricultural commodities.
"Property boundary" means the legal boundary of the land on which a child care facility, health care institution, residence, or school sits, unless another boundary is established by a written agreement with the owner of the child care facility, health care institution, residence, or school. Under a written agreement, the parties shall not establish a boundary that is less than ten feet from the child care facility, health care institution, residence, or school.
"Ready-to-use" means a registered pesticide, in the manufacturer's original container, that does not require dilution by the end user. "Regulated grower" means a person who acquires or purchases pesticides or contracts for the application of pesticides to agricultural commodities, onto an agricultural establishment, or onto a golf course as a part of the person's normal course of employment or activity as an owner, lessee, sublessee, sharecropper, or manager of the land to which the pesticide is applied.
"Reporting period" means no later than the Thursday following the calendar week in which an application is completed.
"Residence" means a dwelling place where one or more individuals are living.
"Responsible individual" means an individual at a seller's location who is a certified applicator or is licensed as a PCA in Arizona by the Department, that has demonstrated competency in safe pesticide handling, and is aware they are designated by the seller under R3-3-203.
"Restricted use pesticide" means a pesticide classified as such by the EPA. A.R.S. § 3-361(8).
"School" means a public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve. A.R.S. § 15-101(19). School includes a private institution with membership in the North Central Association of Colleges and Schools serving students in kindergarten programs or any combination of grades one through twelve.
"Seller" means any person selling or offering for sale a restricted use pesticide or other type of pesticide intended to be used for an agricultural purpose.
"Service container" means a container filled with a pesticide by an applicator and is transported to an application site where the pesticide will be applied. A service container is not intended to be used as a container for the sale or distribution of a pesticide, and is not intended for the long-term storage of a pesticide, except for cases of an emergency where the integrity of the original packaging of a pesticide is compromised that would lead to a bulk release of a pesticide.
"Small scale test" means a test using a pesticide on land or water acreage as described at 40 CFR § 172.3(c)(1) or (2) (59 FR 45611, Sept. 1, 1994, as amended at 71 FR 35546, June 21, 2006; 73 FR 75599, Dec. 12, 2008, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172/subpart-A/section-172.3). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.
"Spot application" means a treatment in an area other than a greenhouse or nursery operation that is restricted to an area of an application site that is less than the entire application site.
"Tag" means a custom application equipment license issued by the Department to a custom applicator licensee.
"Triple rinse" means to flush out a container at least three times, each time using a volume of water, or other diluent as specified on the label, equal to a minimum of 10 percent of the container's capacity or a procedure allowed by the label that produces equivalent or better results.
"Unreasonable adverse effect" means any unreasonable risk to a human being or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or a human dietary risk from residues that result from a use of a pesticide in or on any food as documented by the Department through its investigation.
"Weed" means any plant which grows where not wanted. A.R.S. § 3-341(24)
"Worker Protection Standard" or "WPS" means the regulations as prescribed in 40 CFR §§ 170.1 et seq., excluding 40 CFR §§ 170.401(c)(4) and 170.501(c)(4) (as amended October 30, 2020, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170). This material is incorporated by reference, on file with the Department and does not include any later amendments of editions.
Ariz. Admin. Code § R3-3-101