Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this Chapter and to further implement and
				  expand upon the definitions set out in
Code of Ala.
				  1975
, §§
									2-27-2 and
				  2-27-50, the
				  following definitions should be applicable:
(a)
Agricultural Commodity
means
				any plant, or part thereof, animal or animal product, produced by a person
				(including farmers, ranchers, vineculturists, 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.
(b)
Category(ies)
means a unique class of pesticide applicators
				requiring special skills and knowledge.
(c)
Competent
means
				understanding the particular functions associated with pesticide application,
				the degree of competency being directly related to the nature of the pesticide
				activity and the associated responsibility.
(d)
Commercial Applicator
means
				a permitted applicator (whether or not he is a private applicator with respect
				to some pesticide uses) who uses or supervises the use of restricted use
				pesticides and other pesticides for any purpose or on any property other than
				provided by (f) of this rule. Commercial applicators shall be further
				identified according to the type of pesticide application engaged in as
				follows:
1.
Custom Pesticide
				Applicator
means a permitted applicator who uses or supervises the use
				of restricted use pesticides and other pesticides as a full-time employee of a
				licensed custom pesticide applicator. All persons engaged in the custom
				application of pesticide for remuneration must meet all certification,
				license/permit and insurance requirements prior to engaging in this work. Such
				persons who use such equipment and/or labor for hire to service property not
				owned or leased by them, including service by contract for any government
				agency property, are specifically not exempted from such requirements under
				§
										2-27-52.
2.
Custodial Pesticide
				Applicator
means a commercial applicator who uses or supervises the use
				of restricted use pesticides and other pesticides for purposes other than
				production of an agricultural commodity on property owned, leased, or otherwise
				in control of another person as part of his permanent salaried employment for
				the owner, lessor, or person in control of the property.
3.
Governmental Pesticide
				Applicator
means a permitted applicator who uses or supervises the use
				of restricted use pesticides and other pesticides as a part of his permanent
				employment with a federal, state, county or municipal governmental agency in
				pest control programs conducted by such governmental agencies.
4.
Resident Pesticide Applicator
means a permitted applicator who uses or supervises the use of restricted use
				pesticides and other pesticides for purposes other than the production of an
				agricultural commodity on property owned or leased by him or to property owned
				or leased by another person if applied without compensation other than trading
				personal services with another property owner.
5.
Pesticide Consultant
means a
				permitted applicator who advises, consults or makes recommendations for the
				application of any pesticides on property owned, leased, or otherwise
				controlled by another person.
6.
Pest
means any insect, rodent, nematode, fungus, weed, or any form
				or terrestrial or aquatic plant of animal life or virus, bacteria or other
				microorganisms (except viruses, bacteria or other microorganisms on or in
				living man or other living animals).