Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 1 - Authority, Pesticide Declarations, Definitions › Section XXIII-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The definitions
				in R.S.
				3:3202 are applicable to this Part.
B. The following words and terms are defined
				for the purposes of this Part.
Agricultural Pesticide
-any pesticide product
				  labeled for use in or on a farm, forest, nursery, or greenhouse.
Application
- the activities directly
				  related to the administering of a pesticide, including activities leading up to
				  the actual administration of the pesticide (pre-application activities), the
				  actual administering of the pesticide (application activities), and those
				  occurring after the administering of the pesticide (post-application
				  activities). Application activities include those such as the actual
				  administering of the pesticide by any method, such as spraying or topical
				  use.
a. Pre-application activities include those such as:
				  arranging for the application; mixing and loading the pesticide; transporting
				  or storing the pesticides; and necessary preparations for the application of
				  the pesticide such as employee notification, workers and handlers training,
				  decontamination, use and care of personal protective equipment, emergency
				  information, and heat stress management.
b. Post-application activities include those such as:
				  restricted-entry intervals; responsibilities related to worker training,
				  notification, and decontamination; providing emergency assistance; transporting
				  or storing the pesticides; and disposing of any excess pesticides, spray mix,
				  equipment wash waters, pesticide containers, and other materials containing the
				  pesticide.
Bulk Facilities
-any person, except
				  registrants, who engage in the activity of repackaging any agricultural
				  pesticide product, except manufacturing use products and plant-incorporated
				  protectants into refillable and non-refillable containers. This includes
				  certified commercial applicators and licensed owner-operators dispensing
				  agricultural pesticides from a stationary container.
Containment Pad
-a containment structure that
				  meets the design, construction materials and capacity requirements of 750
				  gallons or 100 percent of the capacity of the largest container/equipment used
				  on the pad (whichever is less), for new and existing containment structures and
				  accommodates pesticide spills or leaks in dispensing areas at bulk
				  facilities.
Containment Structure
or
Structure
-new and existing structures, at bulk facilities,
				  that meets the design, construction materials and capacity requirements to
				  contain spills or leaks from stationary pesticide containers or pesticide
				  dispensing activities.
a. An existing containment structure is a structure for which
				  installation began on or before July 1, 2011.
b. A new containment structure is a structure for which
				  installation began after July 1, 2011 if certain conditions regarding permits,
				  construction and contracts are met.
Director
-the director of the Division of
				  Pesticide and Environmental Programs or his duly authorized representatives
				  acting at his direction.
District Office
-any office of the department
				  other than the Baton Rouge main office.
Division
-the Division of Pesticide and
				  Environmental Programs in the Office of Agricultural and Environmental Sciences
				  of the department.
Drift-
the physical movement of pesticides
				  either in particulate, liquid or vapor form beyond the target area where the
				  pesticide was applied.
Herbicide
-any substance or mixture of
				  substances intended for use in preventing or inhibiting the growth of, killing,
				  or destroying plants and plant parts defined to be pests by the commissioner.
				  The term herbicide shall for the purposes of these regulations include a
				  substance or mixture of substances intended for use as a plant growth
				  regulator, defoliant, or desiccant.
Inorganic Arsenical
-any herbicide containing
				  a compound formed by a reaction between arsenic and any substance which does
				  not contain a carbon-hydrogen (organic) group (radical). Examples are arsenic
				  trioxide, sodium arsenate, and arsenic acid.
Insecticide
-any substance or mixture of
				  substances intended for preventing or inhibiting the establishment,
				  reproduction, development, or growth of; destroying; or repelling any member of
				  the class insecta or other allied classes in the phylum arthropoda that is
				  defined as a pest by the commission.
Livestock used for Agricultural Purposes
-any
				  animal bred, kept, maintained, raised or used for profit or for the purpose of
				  selling or otherwise producing crops, animals, or plant or animal products for
				  market. This definition includes cattle, buffalo, bison, oxen and other bovine;
				  horses, mules, donkeys, and other equine; sheep; goats; swine; domestic
				  rabbits; fish, pet turtles and other animals identified with aquaculture which
				  are located in artificial reservoirs or enclosures that are both on privately
				  owned property and constructed so as to prevent, at all times, the ingress and
				  egress of fish life from public waters; imported exotic deer and antelope, elk,
				  farm-raised white-tailed deer, farm-raised ratites and other farm-raised exotic
				  animals; chickens, turkeys and other poultry; any animals placed under the
				  jurisdiction of the commissioner or the department; and any hybrid, mixture or
				  mutation of any type of animal if used for an agricultural purpose. However,
				  dogs and cats shall not be considered livestock under these regulations.
Pharmaceuticals
-any substance intended for
				  use in the diagnosis, cure, mitigation, treatment or prevention of plant or
				  animal pests, diseases, viruses, bacteria or other microorganisms in or on
				  livestock and any substance other than food intended to affect the structure or
				  any function of the body of any livestock.
Phenoxy Herbicides
-any herbicide as defined
				  above that contains a phenoxy derivative of lower aliphatic acid as an
				  ingredient thereof.
Public Utility
-a business or service which
				  is engaged in regularly supplying the public with a service which is of public
				  consequence and need, such as electricity, gas, water, transportation, or
				  telephone or telegraph service.
Resident
-any person who has been domiciled
				  in Louisiana for a period of at least 90 days immediately preceding the date of
				  application for the license and/or certification and has not claimed residence
				  elsewhere for any purpose.
Rinsate
-the liquid produced from the rinsing
				  of the interior of any equipment or container that has come in direct contact
				  with any pesticide.
Secondary Containment Structure
(for the
				  purposes of Subpart J)-a structure, including rigid diking, that is designed
				  and constructed to intercept and contain agricultural pesticide spills and
				  leaks and to prevent runoff and leaching from stationary agricultural pesticide
				  containers. These are described as new or existing with the required capacities
				  in the following:
a. new containment structures, un-protected from
				  precipitation, 110 percent of the largest stationary container plus the
				  displaced volume of other tanks and appurtenances within the containment area;
				  or
b. existing structures, un-protected from precipitation, 100
				  percent of the largest stationary container plus the displaced volume of other
				  tanks and appurtenances within the containment area; or
c. new or existing structures, protected from precipitation,
				  100 percent of the largest stationary container plus the displaced volume of
				  other tanks and appurtenances within a containment area.
Stationary Pesticide Container
-a refillable
				  container that is fixed at a single bulk facility or, if not fixed, remains at
				  the bulk facility for at least 30 consecutive days, and that olds pesticide
				  during the entire time. Stationary pesticide containers are subject to the
				  regulations if they are designed to hold undivided quantities of pesticides
				  equal to or greater than 500 gallons for liquids or 4000 pounds for dry
				  pesticides.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3202 and
				  3:3203.