Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Definitions › Section 2-1-3-11-01-100

Current through June 25, 2024
For the purpose of these regulations, the following
						  words, names and terms shall be construed within the meaning and purpose of
						  Miss. Code Ann. Sections 69 19 1 through 69 19 11.
1. "Act" shall mean Miss. Code Ann. Sections
						69 19 1 through 69 19 11.
2.
						"Advisory Board" shall mean the board established under the provisions of Miss.
						Code Ann. Section
						69-25-3.
3. "Bona fide Employee" shall be a person who
						receives all or part of his salary, pay or commission from a licensee or the
						company employing a licensee and whose salary, pay or commission is regularly
						reported by the licensee or the company employing a licensee under the Federal
						Social Security and/or income tax laws. A bona fide employee must be under the
						direct supervision of a licensee or a permit holder.
4. "Branch Office" shall mean any place of
						business other than the office, as defined in these regulations, that has at
						least one employee capable of answering questions and from which a pest control
						firm carries out its pest control activities. The maintenance of personnel,
						pesticides and equipment at these locations, where pest control activities are
						carried out, constitutes a branch office under this chapter. The branch office
						must be managed by a license holder or permit holder in which any type of pest
						control services are offered. A home office may be a branch office. A telephone
						answering service is not a branch office.
5. "Bureau" shall mean the Bureau of Plant
						Industry of the Mississippi Department of Agriculture and Commerce created
						under the provision of Miss. Code Ann. Section
						69-25-3.
6. "Certification" shall mean the recognition
						by the Bureau that a person is competent and thus authorized to use or
						supervise the use of restricted use pesticides in the category or categories
						listed on said certificate.
7.
						"Certified Applicator" shall mean a licensee or his employee who has met the
						requirements for certification.
8.
						"Commissioner" shall mean the commissioner of the Mississippi Department of
						Agriculture and Commerce.
9.
						"Competent" shall mean a person who is capable of performing the various
						functions associated with pesticide application and pest control; the degree of
						capability required being directly related to the nature of the activity and
						the associated responsibility.
10.
						"Direct Supervision" shall mean daily or routine contact by a licensee or
						permit holder with all employees registered under his supervision. Supervision
						includes activities such as giving routine or special instructions, prescribing
						pesticides, calculating volume of pesticides to be applied, calibrating
						equipment and being physically available, whenever and wherever
						needed.
11. "Entomologist" shall
						mean a person skilled in the biology of, and remedial measures employed for the
						control of and eradication of insect pests or rodents.
12. "Fumigation" shall mean the use of a
						substance or mixture of substances which exist in the gaseous state or from
						which a gas or gases are liberated or emitted, for the purpose of destroying
						pests. Aerosols are excluded from this definition.
13. "Insect Pest" shall mean 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,
						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 millipedes.
14.
						"License" shall mean a document issued by the Bureau which indicates that a
						person has met the requirements set forth in the Act and these rules and
						regulations to receive fees for services in the categories indicated on said
						document.
15. "Mississippi Official
						Wood Destroying Insect Report" shall mean an inspection performed under
						subsection 117.01 and reported on the Mississippi Official Wood Destroying
						Insect Report form.
16. "Office"
						shall mean the primary place of business managed by a license holder where any
						types of pest control services are performed.
17. "Pathologist" shall mean a person
						knowledgeable in the biology of and skilled in the necessary remedial measures
						to apply for the control and eradication of plant diseases.
18. "Permit" shall mean a document issued by
						the Bureau indicating that a person has thorough understanding of the pest or
						pests that a licensee is licensed to control and is competent to use or
						supervise the use of a restricted use pesticide under the categories listed on
						said document at any branch office. A permit is not a license.
19. "Permit Holder" shall mean a bona fide
						employee of a license holder who has passed a permit examination for each
						category in which work is performed and is responsible for supervising the
						activities indicated on said permit at a branch office.
20. "Person" shall mean any individual,
						partnership, corporation, association, company or organized group of persons
						whether incorporated or not.
21.
						"Pest" shall mean any insect, rodent, nematode, fungus, weed, bacteria, virus,
						mycoplasma, viroid (except viruses, bacteria, or other microorganisms on or in
						living man or other living animals) that either compete with humans for natural
						resources or transmit disease to humans.
22. "Plant Disease" shall mean the
						pathological condition in or on plants and plant products caused by fungi,
						bacteria, nematodes, viruses, mycoplasma and viroids.
23. "Professional Services" shall mean any of
						the professional services performed as designated by the various categories
						listed under subsection 104.04.
24.
						"Real Estate Transaction Inspection" shall mean the inspection of an existing
						structure for determining factors relating to termites and other wood
						destroying insects which is required as a condition of sale, financing or
						refinancing of property.
25.
						"Registered Technician" shall mean a bona fide employee of a license holder who
						has completed the verifiable training as described in subsection 114.02 of this
						chapter and who has obtained a registered technician identification card from
						the Bureau.
26. "Restricted Use
						Pesticides" shall mean a pesticide that is classified for restricted use by the
						Environmental Protection Agency or the Bureau.
27. "Status" shall mean death, retirement,
						prolonged illness, merger of companies, sale, change of ownership, etc. of a
						licensee or permit holder.
28.
						"Trainer" shall mean a licensed person or a registered technician who has been
						registered for at least the twelve previous months or a knowledgeable person
						approved by the Bureau.
29. "Weed"
						shall mean any plant which grows where it is not wanted.
30. "Weed Control Work" shall mean receiving
						fees for the actual spraying or other pesticide application methods used for
						the control or eradication of any weed.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss Code Ann. §
													69-23-109.