NY Env Conserv L § 33-0101 (2021)
2021 New York Laws ENV - Environmental Conservation Article 33 - Pesticides Title 1 - Definitions 33-0101 - Definitions.

§ 33-0101. Definitions.1. "Active ingredient" means:a.  In the case of a pesticide other than a plant regulator, defoliant   or desiccant, an ingredient  which  will  prevent,  destroy,  repel,  or   mitigate insects, fungi, rodents, weeds, or other pests.b.  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 their produce.c.  In  the  case  of  a defoliant, an ingredient which will cause the   leaves or foliage to drop from a plant.d. In the case of a desiccant, an ingredient which  will  artificially   accelerate the drying of plant tissue.2.  "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  article,  or  if  any  valuable   constituent of the article has been wholly or in part abstracted.3.  "Affected  area"  means  the  area  defined  in a petition for the   protection of a grape growing area.4. "Agency" means any  state  agency;  municipal  corporation;  public   authority;  college,  as  that  term  is  defined  in the education law;   railroad, as that term is defined in the  railroad  law;  or  telegraph,   telephone,  telegraph and telephone, pipeline, gas, electric, or gas and   electric corporation as those terms are defined  in  the  transportation   corporations law, which applies pesticides.5.  "Agricultural  commodity"  means  any  plant  or  part thereof, or   animal, or animal product, produced  by  a  person  (including  farmers,   ranchers,  vineyardists,  plant  propagators,  Christmas  tree  growers,   aquaculturists,  floriculturists,  orchardists,   foresters   or   other   comparable  persons)  primarily  for  sale,  consumption, propagation or   other use by man or animals.6. "Aircraft" means any contrivance now known, or hereafter  invented,   used or designed for navigation of, or flight in, the air.7.  "Antidote" means the most practical immediate treatment in case of   poisoning and includes first-aid treatment.8. "Application of pesticide" means any application of  pesticides  by   aircraft or ground equipment.9.  "Business  registration"  means  the requirement of each person or   business providing services of  commercial  application  of  pesticides,   either  entirely  or  as  part  of  the  business,  to register with the   department.10. "Certified applicator" means any individual who  is  certified  to   use or supervise the use of any pesticide in any category of use covered   by his certification.11.  "Commercial  application"  means any application of any pesticide   except as defined in private or residential application of pesticides.12. "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.13. "Degradation" means the decomposition of  a  compound  by  stages,   exhibiting well-defined intermediate products.14.  "Desiccant" means any substance or mixture of substances intended   for artificially accelerating the drying of plant tissue.15. "Development" means natural and normal growth before harvest.16. "Experimental use permit" means a permit issued  to  an  applicant   for  the  use of a limited amount of a pesticide not registered pursuant    to this article to accumulate data necessary to apply  to  register  the   pesticide.17.  "Fungi"  means all non-chlorophyll-bearing thallophytes (that is,   all non-chlorophyll-bearing plants of a  lower  order  than  mosses  and   liverworts)  as,  for  example, rusts, smuts, mildews, molds, yeast, and   bacteria, except those on or in living man or other animals.18. "Fungicide" means any substance or mixture of substances  intended   for preventing, destroying, repelling, or mitigating any fungi.19.  "General use pesticide" means a pesticide which does not meet the   state criteria for a restricted pesticide as established under authority   of section 33-0303 of this article.20. "Grape grower" means a producer of grapes for profit.21. "Grape vineyard" means lands upon which grapevines are  maintained   and harvested for profit.22.  "Ground  equipment"  means  any  machine  or  device  (other than   aircraft) for use on land or water, designed for, or adaptable to use in   applying pesticide as spray, dust, aerosol, fog, or in any other form.23. "Herbicide" means any substance or mixture of substances  intended   for preventing, destroying, repelling, or mitigating any weed.24.  "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 arthropods whose members are wingless and usually have   more than six legs, as, for example, spiders, mites, ticks,  centipedes,   and  wood  lice, except those on or in living man.  This term shall also   include hematodes.25. "Inert ingredient" means an ingredient  which  is  not  an  active   ingredient.26. "Ingredient statement" means either:a.  A  statement of the name and percentage of each active ingredient,   together with the total percentage of  the  inert  ingredients,  in  the   pesticide; andb.  If  the pesticide contains arsenic in any form, a statement of the   percentage of total  and  water  soluble  arsenic,  each  calculated  as   elemental arsenic.27.  "Insecticide"  means  any  substance  or  mixture  of  substances   intended  for  preventing,  destroying,  repelling,  or  mitigating  any   insects which may be present in any environment whatsoever, except those   on or in living man.28.  "Label"  means  the  written,  printed,  or graphic matter on, or   attached to, the pesticide, or its immediate container and  any  outside   containers or wrappers.29. "Labeling" means all labels and other written, printed, or graphic   matter:a. Upon the pesticide or any of its containers or wrappers;b. Accompanying the pesticide at any time;c.  To  which  reference  is  made  on  the  label  or  in  literature   accompanying  the  pesticide,  except  when   accurate,   non-misleading   reference  is made to current official publications of the United States   Department of Agriculture or Interior, the United States  Public  Health   Service,  state  agricultural  experiment  stations,  state  colleges of   agriculture, 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.30. "Major source of agricultural income" means that the producers  of   grapes  within  the  affected  area obtain at least ten percent of their    gross income as a group in any five year period from the  production  of   grapes.31.  "Metabolite"  means any of the various organic compounds produced   by metabolism.32. "Misbranded" shall apply to any pesticide:a.  If  its  labeling  bears  any  statement,   design,   or   graphic   representation  relative thereto or to its ingredients which is false or   misleading in any particular;b. If it is an imitation of or is offered for sale under the  name  of   another   pesticide;   or   if  its  labeling  bears  any  reference  to   registration under this article;c. If the labeling accompanying it does not contain  instructions  for   use  which  are  necessary  and,  if  complied  with,  adequate  for the   protection of the public;d. If the label does not contain a warning or caution statement  which   may  be  necessary  and, if complied with, adequate to prevent injury to   health and the environment;e. If the label is not visible and readable  on  the  outside  of  the   marketing  package  which  is  presented  or  displayed  under customary   conditions of purchase;f. If any word, statement, or other information required by  or  under   the  authority  of  this  article  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;g. If in the case of an insecticide,  fungicide,  or  herbicide,  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; orh. If 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 effects on   plants or parts thereof shall not be deemed injurious, when this is  the   purpose  for  which  the  plant  regulator,  defoliant, or desiccant was   applied, in accordance with the label claims and recommendations.i. If its labeling in any other way fails to conform to  the  labeling   requirements  of the Federal Insecticide, Fungicide, and Rodenticide Act   of 1972, as amended.33.  "Person"  means   any   individual,   partnership,   association,   corporation,  organized  group  of  persons whether incorporated or not,   private or public  authority,  state  government  or  agency,  political   subdivision, governmental agency or any other legal entity whatever.34.  "Pest"  means  (1)  any  insect, rodent, fungus, weed, or (2) any   other form of terrestrial or aquatic plant  or  animal  life  or  virus,   bacteria  or  other  micro-organism  (except  viruses, bacteria or other   micro-organisms on or in living man or other living animals)  which  the   commissioner declares to be a pest.35. "Pesticide" means:a.  Any  substance  or  mixture or substances intended for preventing,   destroying, repelling, or mitigating any pest; andb. Any substance or mixture of substances intended for use as a  plant   regulator, defoliant or desiccant.36.   "Pesticide  business"  means  any  person  providing  commercial   application of pesticides for hire. 37. "Plant regulator" means any substance or  mixture  of  substances,   intended through physiological action, for accelerating or retarding the   rate  of  growth  or  rate  of maturation, or for otherwise altering the   behavior of ornamental or crop plants or their produce,  but  shall  not   include  substances  to  the  extent  that  they  are  intended as plant   nutrients, trace elements, nutritional chemicals, plant inoculants,  and   soil amendments.38.  "Private  application" means any application of any pesticide for   the purpose of producing an agricultural commoditya. on property owned or rented by the applicator or  the  applicator's   employer, orb.  if  applied without compensation other than the barter of personal   services between producers  of  agricultural  commodities,  on  property   owned or rented by a party to such a barter transaction.39.  "Proximity" means a radial distance of two miles from the site of   damage to grape vineyards.40. "Registrant" means the person registering any  pesticide  pursuant   to the provisions of this article.41.  "Residential  application"  shall mean the application of general   use pesticides by ground equipment on property owned or  leased  by  the   applicator,  excluding  any establishment selling or processing food and   any residential structure other than the specific dwelling unit in which   the applicator resides.42. "Restricted use pesticide" means a pesticide, as defined  in  this   article and determined as provided in section 33-0303:a.   Which  (1)  either  (a)  persists  in  the  environment,  or  (b)   accumulates as either the pesticide per se, a pesticide metabolite, or a   pesticide degradation product in plant or animal tissue or product,  and   is  not  excreted  or eliminated within a reasonable period of time, and   which may be transferred to other forms of life; and (2) which by virtue   of such persistence or accumulation creates a present or future risk  of   harmful effects on any organism other than the target organisms; orb.  Which the commissioner finds is so hazardous to man or other forms   of life that restrictions on its sale, purchase, use, or possession  are   in the public interest.43.  "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   a pest.44.  "Target  organisms"  means those organisms which the pesticide is   intended to inhibit or destroy pursuant to its registered labeled usage.45. "Weed" means any plant which grows where not wanted.46. "Commercial lawn application" means the application  of  pesticide   to  ground,  trees, or shrubs on public or private outdoor property. For   the purposes of this article  the  following  shall  not  be  considered   commercial lawn application:a.  the  application  of  pesticide  for  the  purpose of producing an   agricultural commodity;b. residential application of pesticides;c. the application of pesticides around or near the  foundation  of  a   building for the purpose of indoor pest control;d.  the  application  of pesticides by or on behalf of agencies except   that agencies shall  be  subject  to  visual  notification  requirements   pursuant to section 33-1003 where such application is within one hundred   feet  of  a dwelling, multiple dwelling, public building or public park;   ande. the application of pesticides on golf courses or turf farms. 47. "Major change in labeling" shall mean any new label or labeling or   any amended label or labeling for a pesticide product which contains  an   active ingredient previously registered and which (a) results in a major   change  in  the  use  pattern for the active ingredient; (b) changes the   classification of the active ingredient or the product to general use or   restricted  use;  increases  the  application  rate; changes the percent   concentration of an active ingredient other  than  an  increase  due  to   changes  in  methods  of  analysis;  adds a previously-registered active   ingredient or deletes any active ingredient; or  (c)  any  other  change   which  significantly  increases the potential exposure of any non-target   organism or which increases the potential for a  significant  impact  to   humans, property or the environment.48.  "Residential  lawn  application" means the application of general   use pesticides to ground, trees or shrubs on property owned by or leased   to the individual making such application.  For  the  purposes  of  this   article   the   following  shall  not  be  considered  residential  lawn   application:a. The application of pesticides  for  the  purpose  of  producing  an   agricultural commodity;b.  The  application  of pesticides around or near the foundation of a   building for the purpose of indoor pest control;c. The application of pesticides by or on behalf  of  agencies  except   that  agencies  shall  be  subject  to  visual notification requirements   pursuant to section 33-1003 of this article where  such  application  is   within  one  hundred  feet  of  a  dwelling,  multiple  dwelling, public   building or public park; andd. The application of pesticides on golf courses or turf farms.49. "Abutting property" shall mean any property which has any boundary   or boundary point in common with the property on which the pesticide  is   to be applied.