As Amended
SEC. 69-23-107. Definitions.
When used in the context of Sections 69-23-101 through 69-23-133, the following terms shall be ascribed the following meanings:
(a) "Commissioner" shall mean the Commissioner of Agriculture and Commerce of the State of Mississippi.
(b) "Certification" shall mean the recognition by a state that a person is competent and thus authorized to use or supervise the use of restricted use pesticides.
(c) "Certified applicator" shall mean any person who is certified to use or supervise the use of any restricted use pesticide covered by this certification.
(d) "Commercial applicator" shall mean a certified applicator (whether or not he is a private applicator with respect to some uses) 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."
(e) "Division" shall mean the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce.
(f) "Division of Plant Industry" shall mean the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce.
(g) "EPA" shall mean the United States Environmental Protection Agency.
(h) "FIFRA" shall mean the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(i) "License" shall mean a license, certificate or permit.
(j) "Person" shall mean any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.
(k) "Pest" shall mean:
(i) Any insects, rodents, nematodes, fungi, weeds; and
(ii) Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria or other microorganism on or in living man or other living animals) which the commissioner declares to be a pest.
(l) "Pesticide" shall mean 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.
(m) "Private applicator" shall mean 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, rented or controlled 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, subject to regulations adopted under authority granted by Sections 69-23-101 through 69-23-133.
(n) "Public applicator" shall mean any individual who applies restricted use pesticides as an employee of a state agency, municipal corporation, public utility, or other governmental agency. This term does not include employees who work under direct "on-the-job" supervision of a public applicator.
(o) "Restricted use pesticide" shall mean any pesticide classified for restricted use by EPA or by the commissioner.
(p) "State restricted pesticide use" shall mean 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.
(q) "Under the direct supervision of a certified applicator" shall mean, unless otherwise prescribed by its labeling, a pesticide which is to be applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.
(r) "Unreasonable adverse effects on the environment" shall mean 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.
(s) Words and terms as defined in Sections 69-19-1 through 69-19-11, 69-21-1 through 69-21-27, 69-21-101 through 69-21-125, and 69-23-1 through 69-23-23, when used in Sections 69-23-101 through 69-23-133 shall have the same meaning ascribed therein.
SOURCES: Laws, 1975, ch. 318, Sec. 4; 1991, ch. 530, Sec. 18, eff from and after July 1, 1991.