Section 69-23-3 - DefinitionsDefinitions for the purpose of this chapter:
(a) The term "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.(b) The term "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting insects which may be present in any environment whatsoever.(c) The term "fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi.(d) The term "rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animals which the commissioner shall declare to be pests.(e) The term "herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed.(f) The term "adjuvant" means any substance that, when added to a pesticide is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modified, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used.(g) The term "nematicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes.(h) The term "plant regulator" means any substance or mixture of substances intended through physiological action, for accelerating the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop 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.(i) The term "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.(j) The term "desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.(k) The term "disinfectant" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating bacteria or other harmful microorganisms; or otherwise frees from infection; commonly applied to inanimate objects.(l) The term "bactericide" means a substance capable of destroying a given species of vegetative bacteria but not necessarily capable of destroying bacterial spores.(m) The term "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, flies, and to other allied classes of orthropods whose members are wingless and usually have more than six (6) legs as, for example, spiders, mites, ticks, centipedes, and wood lice.(n) The term "nematodes" means 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; may also be called nemas or eelworms.(o) The term "fungi" means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria except those on or in living man or other animals, and those in or on processed food, beverages or pharmaceuticals.(p) The term "weed" means any plant which grows where not wanted.(q) The term "ingredient statement" means: (i) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients in the pesticide;(ii) When the pesticide contains arsenic in any form, the ingredient statement shall also include the percentages of total and water soluble arsenic, each calculated as elemental arsenic;(iii) In the case of spray adjuvants, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants.(r) The term "active ingredient" means:(i) In the case of a pesticide other than a plant regulator, defoliant or desiccant an ingredient which will prevent, destroy, repel, attract or mitigate insects, nematodes, fungi, rodents, weeds or other pests;(ii) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;(iii) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;(iv) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue;(v) In the case of a spray adjuvant, any ingredient which will act as a functioning agent.(s) The term "inert ingredient" means an ingredient which is not an active ingredient.(t) The term "antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.(u) The term "person" means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.(v) The term "commissioner" means the Commissioner of Agriculture and Commerce, or his agent.(w) The term "entomologist" means the State Entomologist of the Mississippi Department of Agriculture and Commerce.(x) The term "registrant" means the person registering any pesticide pursuant to the provisions of this chapter.(y) The term "label" means the written, printed, or graphic matter on, or attached to, the pesticide, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide.(z) The term "labeling" means all labels and other written, printed or graphic matter: (i) Upon the pesticide or any of its containers or wrappers;(ii) Accompanying the pesticide at any time;(iii) To which reference is made on the label or in literature accompanying the pesticide, except when accurate, nonmisleading reference is made to current official publications of the United States Environmental Protection Agency, Department of Agriculture or Interior, the United States Public Health Service, State Experiment Station, state agricultural colleges, or other similar federal institutions or official agencies of this state, or other states authorized by law to conduct research in the field of pesticides.(aa) The term "adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the articles, or if any valuable constituent of the article has been wholly or in part abstracted.(bb) The term "misbranded" shall apply to any pesticide:(i) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading to any particular;(ii) If it is an imitation of or is offered for sale under the name of another pesticide;(iii) If its labeling does not contain a statement of the use classification under which the product is registered;(iv) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, together with any requirements imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate for the protection of health and environment;(v) If the label does not contain a warning or caution statement which may be necessary and, if complied with, together with any requirements which may be imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate to protect health and environment;(vi) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase; the ingredient statement may appear prominently on another part of the container as permitted under the Federal Insecticide, Fungicide and Rodenticide Act if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;(vii) If any word, statement or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;(viii) If in the case of an insecticide, fungicide or herbicide, or nematicide when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or(ix) In the case of a plant regulator, defoliant or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided, that physical or physiological effect on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.(cc) The term "environment" includes water, air, land and all plants and man and other animals living therein and inter-relationships which exist among these.(dd) The term "EPA" means the United States Environmental Protection Agency.(ee) The term "imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for cancellation under this chapter would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior.(ff) The term "pest" means: (i) Any insects, rodents, nematodes, fungi, weeds, or(ii) Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or other living animals) which the commissioner declares to be a pest.(gg) The term "licensed pesticide dealer" means any person who distributes or offers for sale restricted use pesticides and/or state restricted use pesticides.(hh) The term "Pesticide dealer manager" means an individual (who may be the owner) supervising pesticide distribution at one (1) outlet holding a pesticide dealer license.(ii) The term "protect health and environment" means protection against any unreasonable adverse effects on the environment.(jj) The term "restricted use pesticide" means any pesticide classified for restricted use by EPA or the commissioner. Any pesticide which is not classified for restricted use by January 1, 1976, will be deemed to be for general use. In order not to deprive the citizens of this state of the benefits derived from newly developed pesticides or uses which may be restricted by EPA after January 1, 1976, the commissioner may register such pesticides for restricted use if that is the only method by which they may be made available to the citizens of Mississippi.(kk) The term "state restricted pesticide" 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.(ll) The term "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.(mm) The term "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, as amended.Codes, 1942, § 5000-02; Laws, 1950, ch. 452, § 2; Laws, 1964, 1st Ex. Sess. ch. 32; Laws, 1968, ch. 248, § 1; Laws, 1970, ch. 266, § 1; Laws, 1971, ch. 509, § 1; Laws, 1975, ch. 319, § 4; Laws, 1991, ch. 530, § 15, eff. 7/1/1991.