Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				terms have the meanings indicated.
B. Terms Defined.
(1) "Application" means the spreading of
				pesticides, by contract or otherwise, for any person owning or renting
				property.
(2) "Alert" means a
				characteristic change in a dog's behavior in response to the odor of a pest as
				interpreted by the dog's handler.
(3) "Canine scent pest detection team" or
				"Team" means a human and a dog that train and work together as a unit to detect
				a target pest.
(4) "Certified
				applicator" means a person who is certified by the Secretary under this
				chapter.
(5) "Customer" means a
				person who has entered into a contract with a licensee for pest control and
				includes the owner of property on which a licensee has applied a
				pesticide.
(6) "Department" means
				the Maryland Department of Agriculture or its designated
				representative.
(7) "Device" means
				an instrument or mechanical contrivance intended to trap, locate, destroy,
				control, repel, or mitigate pests.
(8) "Distractor" means a non-target odor
				source placed within a dog's search area.
(9) "EPA" means United States Environmental
				Protection Agency.
(10) "Extract"
				means an odor extracted from a target pest for the dog to detect.
(11) "Hide" means a container that allows
				free movement of air containing between 5 and 20 live target pests or viable
				eggs.
(12) "Label" means the
				written, printed, or graphic matter on, or attached to, the pesticide or device
				or any of its containers or wrappers.
(13) "Labeling" means all written, printed,
				or graphic matter:
(a) Accompanying the
				pesticide or device at any time; or
(b) To which reference is made on the label
				or in literature accompanying the pesticide or device, except to current
				official publications of the:
(i)
				Environmental Protection Agency;
(ii) United States Departments of
				Agriculture, Interior, and Health, Education, and Welfare;
(iii) State experiment stations;
(iv) State agricultural colleges;
				and
(v) Other similar federal or
				State institutions or agencies authorized by law to conduct research in the
				field of pesticides.
(14) "Nonbulk pesticide" means any liquid or
				nonliquid pesticide distributed, sold, offered for sale, packaged, or
				repackaged in containers of less than 56 gallons liquid or 100 pounds net dry
				weight.
(15) "Person" means an
				individual, corporation, partnership, association, firm, or other business
				entity.
(16) "Pest" means an
				insect, snail, slug, rodent, nematode, fungus, weed, or any other form of
				terrestrial or aquatic plant or animal life or virus, bacteria, or other
				microorganism (except viruses, bacteria, or other microorganisms, on or in
				living man or any other living animal) which normally is considered to be a
				pest or which the Secretary declares to be a pest.
(17) "Pest control" means engaging in, or
				offering to engage in, recommending, advertising, soliciting the use of,
				supervising the use of, or using, a pesticide or device for the identification,
				control, eradication, mitigation, detection, inspection, or prevention of a
				pest in, on, or around any house, building, water, air, land, plant, structure,
				or animal.
(18) "Pest control
				applicator" means a person engaged in the business of pest control, including,
				except as provided by the Secretary, a person who applies pesticides on any
				premises where the public is commonly invited for the sale of goods or
				services.
(19) "Pest control
				consultant" means a person who engages in the business of:
(a) Offering or supplying technical advice or
				supervision;
(b) Inspecting for or
				identifying pests; or
(c)
				Recommending the use of a specific pesticide for the purpose of controlling a
				pest in or on water, air, land, plants, structures, or animals.
(20) "Pesticide" means any
				substance or mixture of substances intended for:
(a) Preventing, destroying, repelling, or
				mitigating any pest;
(b) Use as a
				plant regulator, defoliant, or desiccant; or
(c) Use as a spray adjuvant such as a wetting
				agent or adhesive.
(21)
				"Pesticide business license" means a license issued by the Secretary to any
				business according to this chapter.
(22) "Place of business" means any location
				from which pest control is conducted.
(23) "Private applicator" means a person who
				uses a restricted use pesticide for the purpose of producing an agricultural
				commodity on property owned or rented by the applicator or applicator's
				employer.
(24) "Pseudo-scent" means
				a man-made compound that mimics the target pest odor.
(25) "Public agency applicator" means a
				person employed by a unit of federal, State, county or local government or any
				training institution which is engaged in pest control.
(26) "Registered employee" means an employee
				of a firm or public agency engaged in pest control.
(27) "Restricted use pesticide" means a
				pesticide so classified by Agriculture Article, Title 5, Annotated Code of
				Maryland, the federal government, or the Maryland Secretary of
				Agriculture.
(28) "Secretary" means
				the Secretary of Agriculture or a designee.
(29) "Supervision" means, unless otherwise
				provided by federal or State labeling, the act or process whereby the
				application of a pesticide is made by a competent person acting under the
				instructions and control of a certified applicator who is:
(a) Responsible for actions of that person;
				and
(b) Available when needed,
				though the certified applicator may not be physically present at the time and
				place the pesticide is applied.