Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B,
				7
				U.S.C. 136 et. seq.
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the department to
				promulgate administrative regulations to implement the provisions of KRS
				Chapter 217B. This administrative regulation establishes the definitions that
				apply to 302 KAR Chapter 26, which implements the provisions of KRS Chapter
				217B.
Section 1. Definitions.
(1) "Accident" means an unexpected,
			 undesirable event caused by the use or presence of a pesticide that adversely
			 affects man or the environment.
(2)
			 "Additional Training Dicamba" means any 3,6-Dichloro-2-methoxybenzoic acid,
			 inclusive of any variant formulation or product name, that requires annual
			 mandatory training pursuant to the product label.
(3) "Agricultural commodity" means any plant
			 or part thereof, or animals or animal products, produced:
(a) By farmers, ranchers, grape growers,
			 plant propagators, Christmas tree growers, aquaculturists, orchardists,
			 foresters, or other comparable persons; and
(b) Primarily for sale.
(4) "Application" means placing of a
			 pesticide or pesticide impregnated fertilizers for effect, including mixing and
			 loading.
(5) "Calibration" means
			 adjustment of dispersal or output of application equipment to control the rate
			 of dispersal and droplet or particle size of a pesticide dispersed by the
			 equipment.
(6) "Certification" or
			 "certified" means recognition by the department that a person has demonstrated
			 a minimum level of competence by examination and continuing education units and
			 is authorized to use or supervise the use of pesticides in the area of
			 certification.
(7) "Compatibility"
			 means that chemical property of a pesticide that permits use with other
			 chemicals without undesirable results being caused by the
			 combination.
(8) "Competence" means
			 properly qualified to perform functions associated with pesticide application,
			 the degree of capability required being directly related to the nature of the
			 activity, and the associated responsibility.
(9) "Continuing education unit" means one (1)
			 contact instructional hour of fifty (50) minutes.
(10) "Customer" means a person who makes a
			 contract, either written or verbal, with an applicator to make an
			 application.
(11) "Department,"
			 unless otherwise specified, means the Kentucky Department of
			 Agriculture.
(12) "Environment"
			 means water, air, land, plants, man and other animals living therein, and the
			 interrelationships that exist among them.
(13) "FIFRA" means the Federal Insecticide,
			 Fungicide, and Rodenticide Act,
			 7
			 U.S.C. 136 et seq.
(14) "Forest" means a concentration of trees
			 and related vegetation in nonurban areas characterized by natural terrain and
			 drainage patterns.
(15) "Golf
			 course" means land, including a lawn, on which an application is made for the
			 purpose of maintaining that land for use in the game of golf.
(16) "Hazards" means a probability that a
			 given pesticide will have an adverse effect on man or the environment in a
			 given situation with the relative likelihood of danger or ill effect being
			 dependent on a number of interrelated factors present at any given
			 time.
(17) "Interior plantscapes"
			 means ornamentals in the interior of a building.
(18) "In the business of" means the practice
			 of charging a customer for a pesticide application, either as a whole or by a
			 unit of area.
(19) "Inactive
			 status" means holding in reserve a license held by a person not actively
			 engaged in pesticide sales or application.
(20) "Integrated pest management program"
			 means a strategy of controlling pests, general pests, and wood destroying
			 organisms by combining biological, chemical, cultural, mechanical, and physical
			 control methods in a way that minimizes economic, health, and environmental
			 risks.
(21) "Lawn" means land
			 covered with turf, including ornamental plants, maintained for the purpose of
			 human use and enjoyment of outdoor areas.
(22) "Lawn Care" means the use of pesticides
			 to prevent, control, repel, or eliminate pests for the purpose of mitigating
			 threats to the human use and enjoyment of outdoor areas.
(23) "Non-certified applicator" means any
			 person who has not been certified by training or examination and uses
			 pesticides under the direct supervision of a private applicator.
(24) "Non-target organism" means a plant or
			 animal other than the one against which the pesticide is applied.
(25) "Ornamental" means trees, shrubs, and
			 other plantings, except agricultural commodities, in and around habitations
			 generally, but not necessarily located in urban and suburban areas, including
			 residences, parks, streets, retail outlets, industrial, and institutional
			 buildings.
(26) "Outside areas"
			 means the property associated with commercial, industrial, or residential
			 structures where a commercial structural pest management license holder, under
			 KRS
			 217B.515, is authorized to control pests,
			 general pests, and wood destroying organisms by means other than chemicals used
			 for lawn care or agricultural pests.
(27) "Practical knowledge" means the
			 comprehension of and ability to identify and use pertinent facts in dealing
			 with specific problems and situations.
(28) "Private applicator" means a person
			 certified to use any pesticide for purposes of producing any agricultural
			 commodity on property owned or rented by him or his employer, or to the lands
			 of a farmer-neighbor, if applied without compensation other than trading of
			 personal services between producers of agricultural commodities.
(29) "Protective equipment" means clothing or
			 any other materials or devices that shield against unintentional exposure to
			 pesticides.
(30) "Regulated pest"
			 means an organism for which restrictions, administrative regulations, or
			 control procedures are in effect to protect the host, man, or the
			 environment.
(31) "Standard" means
			 the level of knowledge and ability demonstrated as a requirement for
			 certification.
(32) "State" means
			 the Commonwealth of Kentucky.
(33)
			 "Structure" means any building, regardless of its design or type of
			 construction, public or private, vacant or occupied.
(34) "Toxicity" means the property of a
			 pesticide that causes any adverse physiological effects on a living
			 organism.
(35) "Turf" means the
			 upper stratum of soils bound by grass and plant roots into a thick
			 mat.