Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-2 - GENERAL › Rule 620-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following definitions shall apply to all Chapters 620-1
				through 620-8:
(a) Act--means the
			 Structural Pest Control Act (Ga. L. 1955, p. 564 and all amendments
			 thereto).
(b) Active infestation of
			 termites-means any infestation of termites that is capable of continued attack
			 on a structure.
(c) Adjacent
			 outside areas--means outside areas contiguous to the structure(s) being
			 treated.
(d) Alternate application
			 technique--means an alternate method of application of termiticide which has
			 been approved by the Commission; and has efficacy data supporting the use of
			 such application technique reviewed and accepted by the Commission; and which
			 is used in a manner consistent with the label and labeling of the termiticide
			 being applied. The Commission, at its discretion, may accept, reject, cancel,
			 suspend or modify any application, at any time, for approval as an alternate
			 application technique.
(e)
			 Applicant--means any person, firm, corporation or other business entity making
			 application to engage in any operations or to become certified or registered
			 under the provision of the Act.
(f)
			 Bait and Baiting System--means any substance or mixture of substances and
			 devices used for delivery of the substance(s) used as an attractant or food
			 source for the purpose of controlling targeted pests consistent with the
			 product's label and labeling directions.
(g) Bond--means a written instrument issued
			 or executed by a bonding, surety, or insurance company licensed to do business
			 in this State, or otherwise approved by the Commission, guaranteeing the
			 fulfillment of the agreement between the licensee or business entity and his
			 customer. It is a Surety Bond issued by a third party and does not include any
			 warranty or guaranty only between the licensee and the customer.
(h) Computer Based Training - means any
			 prerecorded or static presentation or session where there is no real time
			 interaction with the speaker.
(i)
			 Cellulosic Material--means any material containing cellulose found in a crawl
			 space that could reasonably be expected to support or contribute to an
			 infestation of termites.
(j)
			 Certified Operator--means any person who has been determined competent to use
			 or supervise the use of pesticides, including restricted use pesticides or
			 pesticides with State restricted uses as defined in this Act in the
			 category(ies) of Structural Pest Control in which he is currently
			 certified.
(k) Commission--means
			 the Structural Pest Control Commission.
(l) Commissioner--means the Commissioner of
			 Agriculture of the Georgia Department of Agriculture.
(m) Designated Certified Operator--means a
			 person who is currently certified in one or more of the Structural Pest Control
			 categories and who has been designated by a Licensee as being responsible for
			 the pest control and reporting activities of said Licensee in the category(ies)
			 in which he is certified.
(n)
			 Device--means any piece of equipment of any form designed for the control of
			 any pest when used in strict accordance with the device's label and labeling
			 directions.
(o) Employee--means any
			 person employed by a Licensee who is engaged in any phase of pest control. It
			 does not include clerical, janitorial or other employees performing work
			 unrelated to the actual evaluation or control of pest problems.
(p) Enforcement Agency--means the Georgia
			 Department of Agriculture.
(q)
			 Experience Relating to Service--means experience involving the inspection,
			 application or direct supervision of the application of measures to control
			 pests in each of the categories of Structural Pest Control.
(r) Fumigant--means any substance or
			 combination of substances which emits or liberates a gas, fume, or vapor and
			 which is applied for the purpose of destroying insects, rodents or other pests
			 in Structural Pest Control.
(s)
			 Household Pest Control--means the use of any pesticide or device to control
			 pests, including birds, that commonly enter structures, nest on or in
			 structures, or invade structures. It does not include the control of mammals
			 with the exception of commensal rodents and squirrels.
(t) Insecticide--means any substance or
			 mixture of substances applied for the purpose of destroying or controlling
			 insects or related pests.
(u)
			 Labeling--means the written, printed or graphic matter on, attached to, or
			 accompanying the pesticide or device, as well as any such material to which
			 reference is made on the label or other written matter accompanying the
			 pesticide or device.
(v)
			 Licensee--means a business entity which holds a valid license to engage in the
			 business of Structural Pest Control, subject to the provisions of the Act,
			 provided; no licensee shall operate under more than one name, and a separate
			 license shall be required for each different name under which a business entity
			 operates. The Commission may reject a name, if in its opinion, it is likely to
			 be confused with a previously issued licensee name or if it would be in
			 violation of any state or federal requirements.
(w) Non-Repellent Pesticide--means a type of
			 pesticide that does not limit or restrict the movement of targeted pests
			 through a treated area or does not deter the targeted pest from consuming a
			 bait containing the pesticide.
(x)
			 Office--means any office of a Licensee which has one or more registered
			 employees regularly engaged in any phase of Structural Pest Control under the
			 charge of a Designated Certified Operator.
(y) Partial Treatment--means the application
			 of a pesticide and/or device, for the control of wood destroying organisms, to
			 a limited and defined area of a structure. Such application may be made in
			 conjunction with other approved control procedures. Such application shall be
			 made at the volumes and concentrations specified on the products label and
			 labeling.
(z) Pesticide--for the
			 purpose of this Act, the term "pesticide" shall be limited to: attractants,
			 fumigants, fungicides, insecticides, repellents and rodenticides.
(aa) Reasonable Amount of Time--means the
			 production of records required to be kept or kept in the normal course of
			 business within 48 hours when requested by the Commission, Commissioner or the
			 authorized representative of the Commissioner. However, in cases of accidental
			 poisonings of humans or domestic animals or in cases of environmental
			 contamination, the requested records may be required to be produced
			 immediately.
(ab) Registered
			 Employee--means any employee, at least eighteen (18) years of age, registered
			 under the provisions of the Act.
(ac) Repellent--means any substance which may
			 or may not be toxic to pests, but is generally employed for the purpose of
			 preventing the entrance or attack of pests.
(ad) Restricted Use Pesticide--means any
			 pesticide as defined in this rule whose label bears one or more uses which have
			 been classified as restricted by the Administrator of EPA or any use of a
			 pesticide which, when used in accordance with the label or widespread and
			 common practice, the Commissioner determines, after hearing, requires
			 additional restrictions to protect the environment, including man, lands,
			 beneficial insects, and any animal, crop or wildlife which is not a
			 pest.
(ae) Retreatment For Termite
			 Control--means the complete retreatment or partial treatment, at the required
			 concentrations and volumes of termiticide to the minimum standards specified in
			 Rule 620-6, of all areas of at least ten (10) feet in either direction from the
			 point of any and all areas of termite reinfestation except as defined in Rule
			  620-6-.07(5).
(af) Rodenticide--means any substance used to
			 destroy or control rodents.
(ag)
			 School--means any school, public or private, or licensed child daycare center.
			 A school does not include colleges, universities, home schools, trade or adult
			 education facilities.
(ah)
			 Secretary--means the Commissioner of Agriculture of the State of
			 Georgia.
(ai) Service
			 container--means any container used to hold, store, or transport a pesticide
			 concentrate or a pesticide use-dilution mixture, other than the original
			 labeled container in which the product was distributed or sold, the measuring
			 device, or the application device.
(aj) Structural Pest Control--means the
			 control of household pests and wood destroying organisms including the making
			 of inspections, the identification of pest infestations or infections, the
			 application of pesticides or other substances and the use of mechanical devices
			 or structural modifications for the purpose of preventing, controlling or
			 eradicating pests in household structures, commercial buildings and other
			 structures, including adjacent outside areas, as well as all phases of
			 structural fumigation and the fumigation of railroad cars, trucks, ships and
			 airplanes.
(ak) Sub-office--means
			 any office of a licensee having only one (1) registered employee who is under
			 the charge of a Designated Certified Operator in a licensed office.
(al) Telephone Answering Service--means any
			 office of a licensee having no registered employee.
(am) Under the Direct Supervision of--unless
			 otherwise prescribed by its labeling or regulations of the Commissioner, a
			 pesticide shall be considered to be applied under the direct supervision of a
			 Certified Operator if it is applied by a competent person acting under the
			 instructions and control of a Certified Operator who is available within a
			 reasonable time through conventional means of communication, if and when
			 needed, even though the Certified Operator is not physically present at the
			 time and place the pesticide is applied.
O.C.G.A. Sec.
				  43-45-8.