Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section R3-8-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S. §
									3-3601, the following
				  terms apply to this Chapter: "Administratively complete" means the application
				  contains all components required by statute or this Chapter to be submitted to
				  the PMD to enable the PMD to determine whether to grant a license or
				  approval.
"Advertisement" means a written or oral notice, including a
				  business card, website, or telephone directory listing, which is intended,
				  directly or indirectly, to induce a person to enter into an agreement for pest
				  management services.
"Applicator" means an individual who provides pest management
				  services. Applicator does not include a laborer.
"Applicator certification" means a certified applicator
				  license.
"Broadening" means to add another category of work to an
				  existing certification.
"Certified applicator" means an individual who is licensed by
				  the PMD to provide pest management services, including a QA.
"CEU" means continuing education unit.
"Continuing education unit" means 50 minutes of participation
				  in continuing education.
"Control" or "manage" means, with respect to pests, to
				  exterminate, eradicate, destroy, kill, repel, attract, sterilize, mitigate,
				  remove, or a combination of these activities.
"Department" means the Arizona Department of
				  Agriculture.
"Disassociate" means to die, become disabled, resign, retire,
				  be ill or take leave for more than 14 days, be terminated, or be called to
				  active military duty.
"Entire structure" means all critical areas as defined in
				  this Chapter and as specified on product labeling for both the interior and
				  exterior of a structure.
"EPA" means the U.S. Environmental Protection Agency.
"EPA registration number" means the actual EPA registration
				  number of a product or the federal provision exempting the product from EPA
				  registration.
"Faulty grade" means the top of the foundation is even with
				  or below the adjacent earth. The existing earth level shall be considered
				  grade. Specific exceptions are basement construction and sunken room
				  construction when the surrounding foundation is at least 3 inches above the
				  exterior grade level.
"Fog or fogging" means applying a pesticide by a flammable,
				  aerosolizing thermal or other generator that forms particles less than 10
				  microns in diameter.
"Food-handling establishment" means a place, other than a
				  private residence, in which food is received, served, stored, packaged,
				  prepared, or processed.
"Fumigant" means a chemical substance with a vapor pressure
				  greater than five millimeters of mercury at 25 degrees Centigrade that is used
				  to destroy plant or animal life.
"Fumigation" means a method of pest management that
				  completely fills an area with a fumigant to suffocate or poison pests within
				  the area.
"Fungi" means saprophytic and parasitic organisms that lack
				  chlorophyll such as molds, rusts, mildews, smuts, and yeast, except those on or
				  in living people or animals or processed foods, beverages, or
				  pharmaceuticals.
"Health care institution" means a health care institution
				  licensed pursuant to title 36, chapter 4 and includes doctor and dental
				  offices.
"Label" means a written, printed, electronic or graphic
				  document that is approved by the EPA and on or attached to a pesticide
				  container, the wrapper of a pesticide container, or a device.
"Labeling" means a written, printed, electronic or graphic
				  document that is authorized by the manufacturer or a state or federal agency to
				  accompany a pesticide or device, or is referred to on the label or in
				  literature accompanying the pesticide or device.
"Laborer" means an individual who performs physical labor
				  necessary for an applicator to provide pest management services, including
				  drilling and trenching, but who does not handle any pesticide container that
				  has ever been opened, identify infestations, make inspections, make inspection
				  reports or recommendations with respect to infestations, or use any device for
				  the purpose of eliminating, exterminating, controlling or preventing
				  infestations, except that laborer includes an individual who assists with the
				  use of a tarp on a structure for a fumigation performed by an
				  applicator.
"Pest" means a vertebrate or invertebrate insect, bird,
				  mammal, or other animal or organism, or a weed or plant pathogen that is in an
				  undesirable location.
"Pesticide," as defined in A.R.S. §
									3-3601, includes an
				  insecticide, fungicide, rodenticide, termiticide, fumigant, larvicide,
				  piscicide, adulticide, herbicide, nematicide, avicide, or molluscicide.
"PMD" means Pest Management Division.
"Primary service," as used in A.R.S. §
									3-3613(B)(3),
				  means applying an herbicide as the only or predominant service under a verbal
				  or written contract to maintain a property.
"Project" means an individual address or a privately owned or
				  individually owned dwelling.
"QA" means certified qualified applicator.
"QP" means qualifying party.
"Qualified applicator certification" means a certified
				  qualified applicator license.
"SDS" means safety data sheet, which is a written
				  communication regarding a hazardous chemical that meets the standards at
				  29 CFR
				  1910.1200(g).
"Service container" means a receptacle that is used to hold,
				  store, or transport a pesticide concentrate or use-dilution preparation other
				  than the original labeled receptacle provided by the manufacturer, a measuring
				  instrument, or application equipment.
"Signal word" means a word printed on a label that indicates
				  the toxicity level of the pesticide in the container to which the label is
				  affixed.
"Special Local Need registration" means an authorization from
				  the Department to use a pesticide, which meets an Arizona-specific need, in
				  Arizona according to the terms of the registration.
"Specimen label" means a label other than the label attached
				  to a pesticide container that contains the same information as the labeling;
				  including an electronic label.
"Structure" means all parts of a building, whether vacant or
				  occupied, in all stages of construction.
"Subterranean termites" means the several species of termites
				  that usually maintain contact with the soil, including those in the families
				  Rhinotermitidae and Termitidae.
"Supplemental wood-destroying insect inspection" means a
				  re-examination made by an applicator of the business licensee that conducted a
				  previous wood-destroying insect inspection and within 30 days of the previous
				  examination to determine whether corrective treatment has been performed or
				  conditions conducive to wood-destroying insects have been corrected.
"Tag" means a written document that is required under this
				  Chapter to be posted conspicuously at a pretreatment or new-construction
				  treatment site.
"TARF" means termite action report form.
"Termiticide" means a chemical registered by the EPA and the
				  Department and used for control of termites.
"Water-retention basin" means an area to temporarily hold
				  water run-off until the water dissipates.
"WDIIR" means wood-destroying insect inspection
				  report.
"Wood-destroying insect inspection" means an inspection for
				  the presence or absence of wood-destroying insects.