Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.1 - Definitions and Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 following definitions are hereby adopted.
"Aerial applicator"
means a licensed
				commercial applicator, certified in category #11, Aerial Application, who
				applies pesticides by using aircraft in compliance with Federal Aviation
				Administration regulations under Title 14 CFR Part 137 (1-1-08 Edition).
"Aerial applicator consultant"
means a person
				who is a resident of Iowa and holds a valid applicator certification in
				category #11, Aerial Application, and either an Iowa commercial applicator
				license or pesticide dealer license, who coordinates the commercial application
				of pesticides by aerial applicators.
"Certified handler "
means a person employed
				by a licensed commercial applicator, noncommercial applicator, public
				applicator, or pesticide dealer who handles pesticides in other than unopened
				containers for the purposes of preparing, mixing or loading pesticides for
				application by another person, repackaging bulk pesticides or disposing of
				pesticide-related wastes from these activities.
"Defoliant"
means any substance or mixture of
				substances intended for causing the leaves or foliage to drop from the plant
				with or without causing abscission.
"Desiccant"
means any substance or mixture of
				substances intended for artificially accelerating the drying of plant
				tissue.
"Fungi"
means all nonchlorophyll-bearing
				thallophytes, that is, all noncholorophyll-bearing plants of a lower order than
				mosses and liverworts, as for example, rusts, smuts, mildews, molds, yeasts and
				bacteria except those on or in living man or other animals.
"Fungicide "
means any substance or mixture of
				substances intended for preventing, destroying, repelling or mitigating any
				fungi.
"Herbicide "
means any substance or mixture of
				substances intended for preventing, destroying, repelling or mitigating any
				weed or undesirable plant.
"Insect"
means 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, bees, 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 wood lice.
"Insecticide "
means any substance or mixture
				of substances intended for preventing, destroying, repelling or mitigating any
				insects and related forms which may be present in any environment
				whatsoever.
"Nematocide "
means any substance or mixture
				of substances intended for preventing, destroying, repelling or mitigating
				nematodes or subterranean pests.
"Nematode"
means invertebrate animals of the
				phylum nemathelminthes and class nematoda, that is, unsegmented round worms
				with elongated, fusiform or saclike bodies covered with cuticle and inhabiting
				soil, water, plants or plant parts; may also be called nemas or
				eelworms.
"Nonchemical pest control device "
means any
				instrument or contrivance, other than a firearm or trap, intended or purported
				to be a primary pest control device or a pest control aid for repelling insects
				or rodents without the use of chemicals through utilization of electromagnetic,
				sound, ultrasonic, subsonic, cosmic, geotechnical or other similar wave
				technology.
"Noncommercial applicator "
means any person
				who applies restricted use pesticides on lands or property owned, rented or
				leased by the applicator or the applicator's employer. This definition shall
				not apply to private applicators using restricted use pesticides in the
				production of agricultural commodities.
"Resident of Iowa, "
for purposes of subrule
				45.22(17), means a person who meets the following qualifications:
1. The person is an owner or employee of a
			 corporation, association, partnership, company, or firm that maintains a
			 physical place of business located within Iowa.
2. Agricultural aircraft owned and operated
			 by the person are registered with the Iowa department of
			 transportation.
"Rodent"
means any animal of the order
				Rodentia, including, but not limited to, rats, mice, rabbits, gophers, prairie
				dogs and squirrels.
"Rodenticide "
means any substance or mixture
				of substances intended for preventing, destroying, repelling or mitigating
				rodents or any other vertebrate animal which the secretary shall designate to
				be a pest.
"Sensitive crop registry"
means the sensitive
				crop registry designated by the department, which may include but is not
				limited to the Field WatchT, Inc. program.
"Use of a pesticide contrary to its labeling"
means to use any registered pesticide in a manner not permitted by the labeling
				provided that the phrase shall not include:
1. Applying a pesticide for agricultural or
			 horticultural purposes only at any dosage, concentration or frequency less than
			 that specified on the labeling.
2.
			 Applying a pesticide for agricultural or horticultural purposes only against
			 any target pest not specified on the labeling if the application is to the
			 crop, animal or site specified on the labeling unless the labeling specifically
			 states that the pesticide may be used only for the pests specified on the
			 labeling; or
3. Employing any
			 method of application not prohibited by the labeling for agricultural or
			 horticultural purposes only.
4.
			 Mixing pesticides or mixing pesticide with a fertilizer when such mixture is
			 not prohibited by the labeling for agricultural or horticultural purposes only.
"Weed"
means any plant which grows where not
				wanted.
"Wood-destroying insect"
means subterranean
				termites, carpenter ants, and powder-post beetles.