Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this chapter the following words and
				  phrases shall have the meaning ascribed to them in this Rule and as ascribed by
Code of Ala. 1975
, §
									2-27-50 through
				  §
									2-27-63.
(1) Application equipment: the entire
				mechanism required to dispense pesticides but shall not include the mechanism
				of the carrying vehicle.
(2)
				Applicant: any individual, firm, partnership, corporation, association or other
				legal entity or organization making application for a license to engage in the
				business of custom application of pesticides as defined under provisions of
				this Act.
(3) Agricultural Aircraft
				Operation: the operation of an aircraft for the purpose of dispensing any
				pesticide directly affecting agriculture, horticulture, forest preservation, or
				for any other pest control operation.
(4) Adverse Effect: personal injury, damage
				to personal property, damage to real property, damage to the environment or any
				combination of these.
(5) Drift:
				the drifting or movement of a pesticide by air currents or diffusion onto
				property beyond the boundaries of the target area to be treated with
				pesticide.
(6) Emergency: an
				occurrence which can impair public health, safety or result in injury, damage,
				or loss of life and which calls for immediate action. An emergency may be minor
				or of such magnitude as to create a disaster.
(7) Environment: water, air, land and all
				plants and man and other animals living therein and the interrelationships
				which exist among these.
(8) Pilot:
				the person in control of the aircraft during the application of a
				pesticide.
(9) Target Area:
				intended site of pesticide application.
(10) Calibration of Equipment: adjustment of
				application equipment in order to control the rate of dispersal and droplet or
				particle size of a pesticide dispersed by the equipment.
(11) Competent: proficiency in the
				performance of the particular functions associated with pesticide application,
				the degree of competence being directly related to the nature of the activity
				and the associated responsibility.
(12) Direct Supervision: the act or process
				whereby the application of a pesticide is made by a competent person acting
				under the restrictions and control of a Supervisor who is available if and when
				needed, even though such Supervisor is not physically present at the time and
				place the pesticide is applied.
(13) Decal: an identification symbol to be
				affixed to equipment used in custom pesticide operation(s) signifying that
				requirements of law have been met.
(14) Full-Time Employee: any person employed
				full time by a licensee with the exception of clerical, janitorial, office
				maintenance employees or those employees performing work completely
				disassociated with the custom application of pesticides.
(15) Hazard: a probability that a given
				pesticide or the use of a pesticide will have adverse effects on man or the
				environment in a given situation, the relative likelihood of danger or ill
				effects being dependent on a number of interrelated factors present at any
				given time.
(16) Label: the
				written, printed, or graphic matter on, or attached to the pesticide or
				immediate container thereof and the outside container or wrapper of the retail
				package, if any there be, of the pesticide.
(17) Licensee: any individual, firm,
				partnership, corporation, association, or other legal entity or organization
				which holds a valid license issued under the provisions of this Act to engage
				in the business of custom application of pesticides.
(18) License: a document issued by the
				Commissioner authorizing the practice of custom application of pesticide(s)
				utilizing the equipment indicated thereon.
(19) Supervisor: an individual who is
				permitted by the Commissioner to recommend the use of, use, or supervise the
				use of pesticides for persons engaged in the custom application of
				pesticides.
(20) Non-Target
				Organisms: an organism exposed or potentially exposed to a pesticide other than
				the pest(s) the applicator intends to control.
(21) Place of Business: any location in
				Alabama where licensee maintains records, receives orders, holds financial
				transactions and generally engages in business activities. A Place of Business
				may or may not be identified by street address.
(22) Pesticide Management Area: an area
				designated by the Commissioner with approval of the Board, in which commercial
				pesticide application shall be prohibited or limited as to pesticide(s) and/or
				method(s) of application.
(23)
				Pesticide Overspray: the application of a pesticide onto property beyond the
				boundaries of the target area which is caused by the failure to control the
				direct flow of the pesticide or by a failure to control the application
				equipment in surrounding conditions of use and application in a manner which
				fails to confine the pesticide to the target area.
Author:
Marise Mims Sandidge
Statutory Authority:
Code of Ala.
					 1975
, §
											2-27-57.