Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 1 - GENERAL PROVISIONS › Section R3-3-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §§
									3-341 and
				  3-361, the following terms apply to
				  this Chapter:
"Acute toxicity" means adverse physiological effects that
				  result from a single dose or single exposure to a chemical; or any poisonous
				  effect produced by a single dose or single exposure to a chemical within a
				  short period of time, usually less than 96 hours.
"ADEQ" means the Arizona Department of Environmental
				  Quality
"Adulterate" means to change a pesticide so that:
Its strength or purity falls below the standard of quality
				  stated on the labeling under which it is sold,
Any substance has been substituted wholly or in part for the
				  pesticide, or
Any constituent of the pesticide has been wholly or in part
				  abstracted.
"Agricultural aircraft pilot" or "AAP" means any individual
				  who pilots an agricultural aircraft to apply a pesticide.
"Agricultural commodity" means any plant, animal, plant
				  product, or animal product produced for commercial or research purposes.
"Agricultural establishment" means any farm, ranch, forest,
				  nursery, or greenhouse.
"Agricultural purpose" means use of a pesticide on an
				  agricultural commodity. It excludes the sale or use of pesticides, in properly
				  labeled packages or containers, for either home use, or use in swimming pools
				  or spas.
"Agricultural use pesticide" means a pesticide product
				  bearing a label requiring compliance with the Worker Protection Standard, and
				  as prescribed by the agricultural use requirements on the label.
"Aircraft" means any mechanism used in flight.
"ALJ" means, according to A.R.S. §
									41-1092, an individual or the
				  Director who sits as an administrative law judge, who conducts administrative
				  hearings in a contested case or an appealable agency action, and who makes
				  decisions regarding the contested case or appealable agency action.
"Animal" means all vertebrate and invertebrate
				  species, including, but not limited to, humans and other mammals, birds, fish
				  and shellfish.
A.R.S. §
									3-341(3)
"Application site" means the specific location, crop, object,
				  field, or other area to which a pesticide is or is intended to be
				  applied.
"Applicator" means any individual who applies, or causes to
				  have applied, any pesticide on an agricultural establishment or golf
				  course.
"Associate Director" means the Associate Director of the
				  Environmental Services Division.
"Authorized activities" means, for compliance with A.R.S.
				  §
									3-365(D), any
				  organized activities scheduled at a school or child care facility that use the
				  school or child care facility or the school or child care grounds and for which
				  the sponsors or organizers of the activity have received the written approval
				  of a responsible administrative official of the school or child care
				  facility.
"Buffer zone" means an area of land that allows pesticide
				  deposition and residues to decline to a level that poses a reasonable certainty
				  of no harm to a defined area.
"Bulk release" means the release of any pesticide or mixture
				  of pesticides that poses a potential risk to property, human health, or the
				  environment in volumes greater than those prescribed by the pesticide label for
				  the application site. A pesticide dripping from a spray nozzle or minor
				  splashing during mixing is not a bulk release.
"Certification plan" means an EPA authorized plan under
				  40 CFR §
										171.303 (82 FR 1042, January 4, 2017,
				  https://www.ecfr.gov/cur-rent/title-40/chapter-I/subchapter-E/part-171/subpart-D/section-171.303)
				  for the certification of pesticide applicators to comply with the provisions of
				  FIFRA. This material is incorporated by reference, on file with the Department,
				  and does not include any later amendments or editions.
"Certified applicator" means any individual who is certified
				  by the Department to use or supervise the use of any restricted use pesticide
				  as a private, golf or commercial applicator.
"CEU" means continuing education unit.
"Child care facility" means any facility in which child care
				  is regularly provided for compensation for five or more children not related to
				  the proprietor and is licensed as a child care facility by the Arizona
				  Department of Health Services. A.R.S. §
									36-881(3). Child
				  care facilities are commonly known as day care centers.
"Commercial applicator" or "PUC" means a certified applicator
				  (whether or not the applicator is a private applicator with respect to some
				  uses) who uses or supervises the use of a restricted use pesticide for any
				  purpose or on any property other than for producing an agricultural commodity
				  on property owned or controlled by:
The applicator;
The applicator's employer; or
Another person, if the application is performed without
				  compensation, other than trading of personal services between producers of
				  agricultural commodities.
"Contamination" means a concentration of pesticide sufficient
				  to violate state or federal water, soil, food, feed, or air contamination
				  standards, except if legally applied.
"Continued pesticide application" means the continuance of an
				  interrupted application of the same pesticide to the same application site
				  within the same section, township, and range within the same reporting
				  period.
"Custom application equipment" means aircraft, drones,
				  remote-controlled equipment, and ground equipment used for pesticide
				  application by a custom applicator.
"Custom applicator" or "CAL" means any person, except a
				  person regulated by the PMD, who applies pesticides for hire, by drone, or by
				  aircraft.
"Defoliation" means killing or artificially accelerating the
				  drying of plant tissue with or without causing abscission.
"Device" means any instrument or contrivance that is intended
				  to be used for trapping, destroying, repelling, or mitigating any pest or any
				  other form of plant or animal life, other than a human being and a bacterium,
				  virus, or other microorganism on or in a living human being or other living
				  animal. Device does not include firearms, mechanical traps, or equipment used
				  for the application of pesticides if the application equipment is sold
				  separately.
"Diluent" means any substance added to a pesticide before
				  application to reduce the concentration of the active ingredient in the
				  mixture.
"Direct release" means to apply a pesticide outside the
				  boundaries of an application site, at the time of application, while the valve
				  controlling the normal flow of pesticide from the application device is in the
				  open position and the application device is not within the confines of the
				  application site. Direct release does not mean the drift or discharge of a
				  pesticide caused by a mechanical malfunction of the application device that is
				  beyond the control of the operator. Direct release does not mean a release
				  caused by accident, or done to avoid an accident that would have resulted in
				  greater harm than that caused by the pesticide release.
"Disposal" means discarding a pesticide or pesticide
				  container that results in the deposit, dumping, burning, or placing of the
				  container or unused pesticide on land or into the air or water.
"Drift" means the physical movement of pesticide through the
				  air at the time of a pesticide application from the application site to any
				  area outside the boundaries of the application site. Drift does not include
				  movement of a pesticide or associated degradation compounds to any area outside
				  the boundaries of an application site if the movement is caused by erosion, run
				  off, migration, volatility, or windblown soil particles that occur after
				  application, unless specifically addressed on the pesticide label with respect
				  to drift control requirements.
"Drone" means a remote-controlled pilotless aircraft or
				  small flying device used to apply pesticides.
"Drone Pilot License" or "DPL" means any individual who
				  pilots a drone to apply a pesticide.
"EPA" means the United States Environmental Protection
				  Agency.
"Experimental use permit" means a permit issued by the EPA,
				  or the Department according to A.R.S. §
									3-350.01, to a person for the
				  purpose of experimentation, which includes the accumulation of information
				  necessary for the registration of a pesticide.
"Exposure" means the inhalation or ingestion of a pesticide,
				  or eye or skin contact with a pesticide.
"FAA" means the Federal Aviation Administration
"FIFRA" means the Federal Insecticide, Fungicide and
				  Rodenticide Act, 7 U.S.C.
				  §
										§
										136 et seq. (as amended
				  P.L.
				  117"" 328, December 29, 2022,
https://www.govinfo.gov/content/pkg/COMPS-10326/uslm/COMPS-10326.xml
).
				  This material is incorporated by reference throughout the Chapter, is on file
				  with the Department and includes no later amendments or editions.
"Fumigant" means a substance or mixture of substances that
				  produces gas vapor or smoke intended to control a pest in stored agricultural
				  commodities or to control burrowing rodents.
"Golf applicator" or "PUG" means an applicator who uses or
				  supervises the use of a restricted use pesticide for the maintenance of the
				  ornamental and turf areas of the golf course that is owned or controlled by the
				  applicator or the applicator's employer.
"Handler" means any person, including a self-employed
				  person:
Who is employed for any type of compensation by an
				  agricultural establishment or commercial pesticide handling establishment to
				  which this Article applies and who is:
Mixing, loading, transferring, or applying
				  pesticides.
Disposing of pesticides or pesticide containers.
Handling opened containers of pesticides.
Acting as a flagger.
Cleaning, adjusting, handling, or repairing the parts of
				  mixing, loading, or application equipment that may contain pesticide
				  residues.
Assisting with the application of pesticides.
Entering a greenhouse or other enclosed area after the
				  application and before the inhalation exposure level listed in the labeling has
				  been reached or one of the ventilation criteria established under
				  40 CFR §
										170.110(c)(3) of the Worker
				  Protection Standard (August 21, 1992,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-B/section-170.110
)
				  The incorporated reference is on file with the Department and does not include
				  any later amendments or editions, or in the labeling has been met:
To operate ventilation equipment.
To adjust or remove coverings used in fumigation.
To monitor air levels.
Entering a treated area outdoors after application of any
				  soil fumigant to adjust or remove soil coverings such as tarpaulins. Performing
				  tasks as a crop advisor:
During any pesticide application.
Before the inhalation exposure level listed in the labeling
				  has been reached or one of the ventilation criteria established under
				  40 CFR §
										170.110(c)(3) of the Worker
				  Protection Standard (August 21, 1992,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-B/section-170.110
),
				  or in the labeling has been met. The incorporated reference is on file with the
				  Department and does not include any later amendments or editions.
During any restricted-entry interval.
The term does not include any person who is only handling
				  pesticide containers that have been emptied or cleaned according to pesticide
				  product labeling instructions or, in the absence of such instructions, have
				  been subjected to triple-rinsing or its equivalent.
"Health care institution" means any institution that provides
				  medical services, nursing services, health screening services, and other
				  health-related services, and is licensed by the Arizona Department of Health
				  Services.
"Highly toxic pesticide" means a pesticide with an acute oral
				  LD50 of 50 milligrams per kilogram of body weight or
				  less, dermal LD50 of 200 milligrams per kilogram of body
				  weight or less, or inhalation LD50 of 0.2 milligrams per
				  liter of air or less, and the label bears the signal words "danger" and
				  "poison" and shows a skull and crossbones.
"Immediate family" includes only spouse, children,
				  stepchildren, foster children, parents, stepparents, foster parents, brothers,
				  and sisters.
"Individual" means a human being.
"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, and 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.
A.R.S. §
									3-341(14)
"Integrated Pest Management" or "IPM" means a sustainable
				  approach to managing pests that uses any combination of biological, chemical,
				  cultural, genetic, manual, or mechanical tools or techniques in a way that
				  minimizes health, environmental, and economic risks.
"Label" means the written, printed or graphic matter
				  on, or attached to, the pesticide or device, or the immediate container
				  thereof, and the outside container or wrapper of the retail package, if there
				  is any, of the pesticide or device.
A.R.S. §
									3-341(15)
"Labeling" means all labels and other written, printed or
				  graphic matter:
Upon the pesticide or device or any of its containers or
				  wrappers.
Accompanying the pesticide or device at any time.
To which reference is made on the label or in
				  literature accompanying the pesticide or device, except when accurate,
				  non-misleading reference is made to current official publications of the United
				  States departments of agriculture or interior, the United States public health
				  service, state experiment stations, state agricultural colleges or other
				  similar federal institutions or official agencies of the state or other states
				  authorized by law to conduct research in the field of pesticides.
A.R.S. §
									3-341(16)
.
"LD50" means a statistically derived
				  estimate of a single dose of pesticide that can be expected to cause death in
				  50 percent of laboratory test animals as determined by an EPA approved
				  procedure. The LD50 value is expressed in terms of weight of test substance per
				  unit weight of the test animal (mg/kg)
"Livestock" means clovenhoofed animals, horses, mules, or
				  asses.
"PCA" or "agricultural pest control advisor" means any
				  individual who, as a requirement of, or incidental to, the individual's
				  employment or occupation:
Offers a written recommendation to a regulated grower or to
				  any public or private agency concerning the control of any agricultural
				  pest,
Claims to be an authority or general advisor on any
				  agricultural pest or pest condition, or
Claims to be an authority or general advisor to a regulated
				  grower on any agricultural pest.
"Person" means any individual, partnership,
				  association, corporation or organized group of persons whether incorporated or
				  not.
A.R.S. §
									3-341(19)
"Pest" means:
Any weed, insect, vertebrate pest, nematode, fungus, virus,
				  bacteria or other pathogenic organisms.
Any other form of terrestrial or aquatic plant or
				  animal life, except virus, bacteria or other microorganism on or in living
				  humans or other living animals, which the director declares to be a pest for
				  the purpose of enforcement of this Article.
A.R.S. §
									3-341(20) (b)
"Pesticide" means any substance or mixture of
				  substances intended to be used for defoliating plants or for preventing,
				  destroying, repelling or mitigating insects, fungi, bacteria, weeds, rodents,
				  predatory animals or any form of plant or animal life which is, or which the
				  director may declare to be, a pest which may infest or be detrimental to
				  vegetation, humans, animals or households or which may be present in any
				  environment.
A.R.S. §
									3-361(6)
"Pesticide container" means any container with an interior
				  surface that is in direct contact with a pesticide.
"Pesticide Grower Permit" or "PGP" means a permit issued by
				  the Department that allows a qualifying person to act as a regulated
				  grower.
"Pesticide use" means the sale, processing, storing,
				  transporting, handling or applying of a pesticide and disposal of pesticide
				  containers.
A.R.S. §
									3-361(7)
"PMD" means the Pest Management Division of the Arizona
				  Department of Agriculture.
"Private applicator" or "PUP" means a certified applicator
				  who uses or supervises the use of a restricted use pesticide for producing an
				  agricultural commodity on property owned or controlled by:
The applicator;
The applicator's employer; or
Another person, if the pesticide is applied without
				  compensation, other than trading of personal services between producers of
				  agricultural commodities.
"Property boundary" means the legal boundary of the land on
				  which a child care facility, health care institution, residence, or school
				  sits, unless another boundary is established by a written agreement with the
				  owner of the child care facility, health care institution, residence, or
				  school. Under a written agreement, the parties shall not establish a boundary
				  that is less than ten feet from the child care facility, health care
				  institution, residence, or school.
"Ready-to-use" means a registered pesticide, in the
				  manufacturer's original container, that does not require dilution by the end
				  user. "Regulated grower" means a person who acquires or purchases pesticides or
				  contracts for the application of pesticides to agricultural commodities, onto
				  an agricultural establishment, or onto a golf course as a part of the person's
				  normal course of employment or activity as an owner, lessee, sublessee,
				  sharecropper, or manager of the land to which the pesticide is applied.
"Reporting period" means no later than the Thursday following
				  the calendar week in which an application is completed.
"Residence" means a dwelling place where one or more
				  individuals are living.
"Responsible individual" means an individual at a seller's
				  location who is a certified applicator or is licensed as a PCA in Arizona by
				  the Department, that has demonstrated competency in safe pesticide handling,
				  and is aware they are designated by the seller under
				  R3-3-203.
"Restricted use pesticide" means a pesticide
				  classified as such by the EPA.
A.R.S. §
									3-361(8).
"School" means a public institution established for
				  the purposes of offering instruction to pupils in programs for preschool
				  children with disabilities, kindergarten programs or any combination of grades
				  one through twelve.
A.R.S. §
									15-101(19).
				  School includes a private institution with membership in the North Central
				  Association of Colleges and Schools serving students in kindergarten programs
				  or any combination of grades one through twelve.
"Seller" means any person selling or offering for sale a
				  restricted use pesticide or other type of pesticide intended to be used for an
				  agricultural purpose.
"Service container" means a container filled with a
				  pesticide by an applicator and is transported to an application site where the
				  pesticide will be applied. A service container is not intended to be used as a
				  container for the sale or distribution of a pesticide, and is not intended for
				  the long-term storage of a pesticide, except for cases of an emergency where
				  the integrity of the original packaging of a pesticide is compromised that
				  would lead to a bulk release of a pesticide.
"Small scale test" means a test using a pesticide on land or
				  water acreage as described at
				  40 CFR §
										172.3(c)(1) or (2) (59 FR
				  45611, Sept. 1, 1994, as amended at 71 FR 35546, June 21, 2006; 73 FR 75599,
				  Dec. 12, 2008,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172/subpart-A/section-172.3
).
				  This material is incorporated by reference, on file with the Department, and
				  does not include any later amendments or editions.
"Spot application" means a treatment in an area other than a
				  greenhouse or nursery operation that is restricted to an area of an application
				  site that is less than the entire application site.
"Tag" means a custom application equipment license issued by
				  the Department to a custom applicator licensee.
"Triple rinse" means to flush out a container at least three
				  times, each time using a volume of water, or other diluent as specified on the
				  label, equal to a minimum of 10 percent of the container's capacity or a
				  procedure allowed by the label that produces equivalent or better
				  results.
"Unreasonable adverse effect" means any unreasonable risk to
				  a human being or the environment, taking into account the economic, social, and
				  environmental costs and benefits of the use of any pesticide, or a human
				  dietary risk from residues that result from a use of a pesticide in or on any
				  food as documented by the Department through its investigation.
"Weed" means any plant which grows where not
				  wanted.
A.R.S. §
									3-341(24)
"Worker Protection Standard" or "WPS" means the regulations
				  as prescribed in 40 CFR
				  §§
										170.1 et seq., excluding
				  40 CFR §§
										170.401(c)(4) and
				  170.501(c)(4) (as
				  amended October 30, 2020,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170
).
				  This material is incorporated by reference, on file with the Department and
				  does not include any later amendments of editions.