333 CMR, § 2.03
In construing 333 CMR, the rules in 333 CMR 2.03 shall be observed, unless their observance would involve a construction inconsistent with or repugnant to the context.
Active Ingredient. In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which prevents, destroys, repels, or mitigates any pest; in the case of a plant regulator, an ingredient which through physiological action accelerates or retards the rate of growth or rate of maturation or otherwise alters the behavior of ornamental or crop plants or the products thereof; in the case of a defoliant, an ingredient which causes the leaves or foliage to drop from a plant; and, in the case of a desiccant, an ingredient which artificially accelerates the drying of plant tissue.
Administrator. The Administrator of the United States Environmental Protection Agency.
Adulterated. When used with reference to a pesticide, any pesticide the strength or purity of which falls below the professed standard of purity as expressed on its labeling under which it is sold; a pesticide for which any substance has been substituted wholly or in part; or a pesticide from which any valuable constituent has been wholly or in part abstracted.
Advisory Council. A council established by regulations adopted in 333 CMR 4.00: Pesticide Advisory Councils.
Agricultural Commodity. A plant, or part thereof, or animal product produced by a person primarily for sale, consumption, propagation, or other use by man or animals.
Animal. All vertebrate and invertebrate species, including but not limited to man and other animals, birds, fish and shellfish.
Applicators.
Beneficial Insects. Insects which, during their life cycle, are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial.
Board. The Massachusetts Pesticide Board.
Commissioner. The Commissioner of the Department of Agricultural Resources.
Defoliant. A substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission.
Department. The Department of Agricultural Resources.
Desiccant. A substance or mixture of substances intended to artificially accelerate the drying of plant tissue.
Device. An instrument or contrivance, other than a firearm, intended to hold or dispense a pesticide or attractant other than food and used in conjunction with a pesticide, the purpose of which is to trap, destroy, repel, or mitigate any pest or any other form of plant or animal life, other than man and other than bacteria, virus, or other micro-organism on or in living man or other living animal, but not including equipment used for the application of pesticides when sold separately therefrom.
Director. The Pesticides Program Director.
Distribution or Distribute. To offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive.
Environment. Includes water, air, land, and all plants and man and other living animals therein, and the interrelationships which exist among these.
Federally Registered Pesticide. A pesticide which is registered pursuant to FIFRA.
FIFRA. The Federal Insecticide, Fungicide, and Rodenticide Act, Public Law 92-516, as amended.
Fungi or Fungus. Non-chlorophyll-bearing thallophytes of a lower order than mosses and liver-worts, as for example, rusts, smuts, mildews, molds, yeasts, and bacteria except those on or in living man or other animals, and except those in or on processed food, beverages or pharmaceuticals.
Imminent Hazard. A situation in which the continued use of a pesticide would result in unreasonable adverse effects on the environment.
Inert Ingredient. An ingredient which is not active.
Insect. A small invertebrate animal 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, moths, beetles, bugs, bees, flies, and their immature stages, and to other allied classes of anthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, millipedes, and wood lice.
Label. The written, printed, or graphic matter, on or attached to, the pesticide or device or any of its containers or wrappers.
Labeling. All labels and all other written, printed or graphic matter accompanying the pesticide or device at any time, or to which reference is made on the label or in literature accompanying the pesticide or device, but shall not include publications of the United States Environmental Protection Agency, the United States Department of Agriculture, or Interior, or 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 or disseminate information in the field of pesticides, except as otherwise provided by regulation of the Department.
Land. Land and water areas including soil, subsoil, airspace, and structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile.
Licensed Pesticide Dealer. A person who distributes pesticides classified by the Department as being for restricted use or pesticides whose uses or distribution are further restricted by regulations adopted by the Department with the approval of the Board.
Massachusetts Pesticide Control Act. M.G.L. c. 132B.
Misbranded.
Nematode. Invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water plants or plant parts. Nematodes may also be referred to as nemas or eel-worms.
Person. An individual, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth of Massachusetts or its political subdivision, administrative agencies, public or quasi-public corporation or body, or any other legal entity or its legal representatives, agent or assign, or a group of persons.
Pest. An insect, rodent, nematode, fungus, wood, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or other micro-organisms, except viruses, bacteria or other micro-organisms on or in living man or other living animal, which is declared to be a pest by the Administrator or by the Department with the approval of the Board.
Pesticide. A substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; provided that Pesticide shall not include any article that is a "new animal drug" within the meaning of section 201(w) of the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 321(w)], or that has been determined by the Secretary of the United States Department of Health, Education and Welfare not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x) of such act [21 U.S.C. § 321(x)].
Plant Regulator. A substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or to otherwise alter the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, Plant Regulator shall not include any nutrient mixtures or soil amendments commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted package concentration.
Produce. To manufacture, prepare, compound, propagate, process or repackage any pesticide or device.
Producer. A person who manufactures, prepares, compounds, propagates, processes or repackages any pesticide or device.
Protect Health and the Environment or Protection of Health and Environment. Protection against any unreasonable adverse effects on the environment.
Receive. For the purposes of 333 CMR Receive as used in the definition of Distribution or Distribute, shall exclude the receipt of pesticides for end use or application.
Registrant. A person who has registered any pesticide pursuant to the provisions of 333 CMR
Subcommittee. The Pesticide Board Subcommittee.
To Use Any Registered Pesticide in a Manner Inconsistent With Its Labeling. To use any registered pesticide in a manner inconsistent with its labeling" means to use any registered pesticide in a manner not permitted by the labeling: provided, that the term shall not include:
Under the Direct Supervision of a Certified Applicator. Unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, and who is responsible for the pesticide applications made by that person, even though such certified applicator is not physically present at the time and place the pesticide is applied.
Unreasonable Adverse Effects on the Environment. An unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.
Weed. A plant which grows where not wanted.
Wildlife. Vertebrate or invertebrate animals which are not pests, excluding man, that are wild by nature, including fish, birds, mammals, reptiles and amphibians.
333 CMR, § 2.03