Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.19-004 - Arkansas Pest Control Law Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
17-37-101. Title.
This chapter shall be known by the short title of "Arkansas
				Pest Control Law".
17-37-102. Definitions.
As used in this chapter, unless the context otherwise
				requires:
(1) "Agent" means any person
			 registered with the board, by a licensed operator, to solicit or sell pest
			 control service, which the operator is licensed to perform. Including the
			 signing of contracts, making inspections for the purpose of servicing or
			 continuing contracts, and supervising workers and working crews in carrying out
			 pest control service, when so designated by the licensed operator, or except as
			 may be limited by the State Plant Board in its rules and regulations made under
			 authority of this chapter. This is not to be construed as relieving the
			 licensed operator in any way of being responsible for personal and direct
			 supervision of all work performed under his license;
(2) "Applicant" means any person making
			 application for a license to engage in pest control service work.
(3) "Board" means the State Plant
			 Board;
(4) "Commercial applicator"
			 means a person who has demonstrated, by written examination, his knowledge of
			 the nature and effect of pesticides and how to use, supervise the use, or
			 demonstrate the use of restricted-use pesticides, as defined by the Federal
			 Insecticide, Fungicide, and Rodenticide Act, safely and properly. Qualification
			 as a commercial applicator shall be integral to qualification as a licensed
			 operator or qualified operator and vice versa;
(5) "Director" means the Director of the
			 State Plant Board;
(6) "FIFRA"
			 means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended,
			 which classifies, regulates, and provides for the certification of all users of
			 restricted-use pesticides, as defined in that act, including all persons who
			 engage in commercial and noncommercial pest control service work;
(7) "Fungi or rot control responsibility"
			 means that the license holder or licensed operator shall be held responsible
			 for fungi or rot control only on substructure timbers such as sills, sub-sills,
			 piers, floor joists, sub-floors, and floors;
(8) "Household pest and rodent" means any
			 mammal, bird, arthropod, or reptile that may infest or invade a home or other
			 buildings or the immediate area around or under a home or buildings, other than
			 wood-damaging or wood-destroying insects, fungi, or organisms;
(9) "License holder" means the person, firm,
			 or corporation to which a license is issued, the person being himself a
			 licensed operator or there being one (1) or more licensed operators in the
			 employ of the person, firm, or corporation;
(10) "Licensed operator" means a person who
			 has fully qualified and has passed the board's written examination and has in
			 force a valid license from the board to engage in the work indicated in the
			 license. The person shall also have met the requirements of and be eligible for
			 certification under the Federal Insecticide, Fungicide, and Rodenticide Act and
			 state law as a commercial applicator;
(11) "Noncommercial applicator" means any
			 person who uses, supervises the use of, or demonstrates the use of a
			 restricted-use pesticide in any classification on his own or his employer's
			 property who does not hold himself out as being engaged for compensation in
			 pest control service work;
(12)
			 "Person" means an individual, firm, partnership, corporation, organization,
			 association, or any combination thereof, whether or not incorporated;
(13) "Pest control service" means any person
			 who, for compensation, gives advice or engages in work to prevent, control, or
			 repel arthropods, mammals, birds, reptiles, or wood-damaging or wood-destroying
			 organisms that may invade or infest homes, other buildings, or similar
			 structures and shall include arthropods, mammals, birds, reptiles, weeds, and
			 plant diseases that may invade, infest, or infect shade trees, shrubs, lawns,
			 turf, and pecan groves. This term shall also include any person who issues
			 letters of clearance, or who shall solicit such work in any manner, but the
			 term shall not be construed to include agricultural crops from planting to
			 harvest other than those mentioned above;
(14) "Qualified operator" means a person who
			 has fully qualified and has passed the board's written examination working
			 under the bond and insurance of a license holder or licensed operator instead
			 of his own. The person shall also have met the requirements of and be eligible
			 for certification under the Federal Insecticide, Fungicide, and Rodenticide Act
			 and state law as a commercial applicator;
(15) "Soil pretreatment" means chemical
			 treatment of the soil before or during construction of any building for the
			 purpose of preventing or controlling subterranean termites;
(16) "Solicitor" means any person registered
			 with the board by a licensed operator to solicit or sell pest control service
			 work, which the operator is licensed to perform. A solicitor may not perform
			 any pest control service work nor be placed in charge of workers or working
			 crews;
(17) "Supervise" or "under
			 the direct supervision of" means the act or process whereby the application of
			 a pesticide is made by a competent and registered person acting under the
			 instructions and control of a licensed operator or qualified operator who is
			 responsible for the actions of that person and who is available if and when
			 needed, even though the operator is not physically present at the time and
			 place the pesticide is applied;
(18) "Termite and other structural pests"
			 means any wood-damaging or wood-destroying insect, fungus, or
			 organism;
(19) "Termite
			 infestation" means any active termites found in or on a building, its
			 foundation or attached appurtenances, or under the building, in or on debris,
			 or in or on stumps under the building; and
(20) "Weed control" means the prevention,
			 destruction, or removal of any plant from where it is not wanted by the use of
			 herbicides.