5.04.040 Terms and Definitions

Applicator - A person who uses a pesticide for the purpose of preventing, repelling or mitigating any pest as defined under this regulation.

Pesticide - A substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest as defined under the FIFRA (7 USC 136-136y).

Certification - The processes that are administered by the Tribe, EPA or a State which confirms that the qualifications and credentials of a pesticide applicator meet applicable, Tribal, Federal or State requirements in order to be accredited.

Certified Applicator - The term "certified applicator" means any individual who is certified under FIFRA section 11 as authorized to use or supervise the use of any pesticide which is classified for restricted use. Any applicator who holds or applies registered pesticides, or uses dilutions of registered pesticides consistent with subsection (ee), only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served is not deemed to be a seller or distributor of pesticides under FIFRA.

Commercial Applicator - The term "commercial applicator" means an applicator who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by the definition of Private Applicator.

EPA Plan - The US EPA federal certification requirements for applicators or restricted use pesticides (RUPs) in Indian Country under the authority of Section 11(a) (1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and in accordance with the regulations found at Title 40 of the Code of Federal Regulations (CFR) Section 171.11

General Use Pesticide (GUP) - Any pesticide which has not been classified as Restricted Use. A pesticide that that will not ordinarily cause unreasonable adverse effects on the user or on the environment when used in accordance with their label instructions. These are available to the public.

Indian Country - All land within the limits of an Indian reservation as defined by 18 USC § 1151.

Labeling - All labels and all other written, printed, or graphic matter: (a) accompanying the pesticide or device at any time; or (b) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, and the Department of Health and Human Services, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.

Label(s) - The written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

Pesticide Incident - Any exposure or effect from a pesticide's use that is not expected or intended. Pesticide incidents may involve humans, wildlife, plants, domestic animals (e.g. pets) and bees.

Pesticide Registry Number - The EPA issued number that corresponds to an EPA registered pesticide. The EPA Registered Number of a product for primary registrants consists of two sets of numbers separated by a hyphen. The first set of numbers refers to the registrant's company identification number, and the second set of numbers represents the product number.

Private Applicator - The term "private applicator" means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator's employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person as defined by FIFRA.

A private applicator is a farmer, rancher, orchardist, nursery producer, greenhouse operator, etc. who uses or supervises the use of restricted use pesticides to produce an agricultural commodity on property owned or rented by the applicator or his/her employer or (if applied without compensation other than trading of personal services between producers or agricultural commodities) on the property of another person.

Restricted Use Pesticide (RUP) - Under FIFRA, pesticides (or the particular use or uses of a pesticide) that may generally cause, without additional regulatory restrictions, unreasonable adverse effects on the environment, including injury to the applicator. A pesticide that only certified pesticide applicators or those under the supervision of a certified applicator may use.