Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.15 - Pesticide Terminology Rule › Rule 4.10.1501 - DEFINITION OF TERMS

Current through Register Vol. 13, July 5, 2024
These definitions apply to all regulations and rules adopted
				  under the Montana Pesticides Act, Title 80, chapter 8, MCA unless specified
				  differently by statute or individual rules.
(1) "Accident" means an unexpected,
				undesirable event caused by the use or presence of a pesticide that adversely
				affects man or the environment.
(2)
				"Act" means the Montana Pesticides Act, as amended, Title 80, chapter 8, part
				2, MCA; and other legislation supplementary thereto and amendatory
				thereof.
(3) "Actions" means some
				procedure or decision taken or to be taken by the department against a person
				committing, having committed, or allegedly committed a prohibited act or
				violation of the Act.
(4) "Acute
				dermal LD50" means a single dermal dose of a substance,
				expressed as milligrams per kilogram of body weight, that is lethal to 50% of
				the test population of animals within a specified time period under specified
				test conditions as prescribed in the Registration Guidelines.
(5) "Acute LC50" means
				a concentration of a substance, expressed as parts per million parts of medium,
				that is lethal to 50% of the test population animals under test conditions as
				specified in the Registration Guidelines.
(6) "Acute oral LD50" means a single orally
				administered dose of a substance, expressed as milligrams per kilogram of body
				weight, that is lethal to 50% of the test population of animals under test
				conditions as specified in the Registration Guidelines, 40 CFR et seq., and
				adopted by the department.
(7)
				"Acute toxicity" means the property of a substance or mixture of substances to
				cause adverse effects in an organism through a single short-term
				exposure.
(8) "Agency" means the
				United States Environmental Protection Agency.
(9) "Agricultural commodity" means any plant
				or part thereof, or animal or animal product produced by a person (including
				farmers, ranchers, vineyardists, plant propagators, Christmas tree growers,
				aquaculturists, floriculturists, orchardists, foresters, or other comparable
				persons) primarily for sale, consumption, propagation, or other use by man or
				animal.
(10) "Animal" means all
				vertebrate and invertebrate species, including but not limited to man and other
				mammals, birds, fish, and shellfish.
(11) "Applicant" means a person who applies
				for a registration pursuant to
				80-8-201, MCA; or a person who
				applies for a license pursuant to
				80-8-203, MCA;
				80-8-205, MCA;
				80-8-207, MCA;
				80-8-213, MCA; or a person who
				applies for a permit pursuant to
				80-8-209, MCA; of the
				Act.
(12) "Application form" means
				the form approved by the department which must be completed in its entirety by
				persons requesting a registration, license, certified-license or
				permit.
(13) "Application of a
				pesticide" means the placement of a pesticide at or on the site where the pest
				control or other response is desired.
(14) "Authorized agent or representative"
				means any authorized employee of the department or an individual authorized by
				the department to act as an official representative of the
				department.
(15) "Calibration of
				equipment" means measurement of dispersal or output of application equipment
				and adjustment of such equipment to control the rate of dispersal, and droplet
				or particle size of a pesticide dispersed by the equipment.
(16) "Cancellation of license, permit,
				certificate" means the process by which the department invalidates a license,
				permit, or certificate.
(17)
				"Certificate" means the authorizing document issued by the department to a
				person who has qualified to use a restricted use pesticide(s), or in the case
				of registration, the authorization to sell, offer for sale, or distribute a
				pesticide in the state.
(18)
				"Certificate period" means one complete calendar year, January 1 through
				December 31, for which an individual has been issued a certificate by the
				department even though the person was not issued a certificate for the complete
				calendar year.
(19) "Certification"
				means the determination by the department that an individual is competent and
				thus authorized to use or supervise the use of restricted use
				pesticides.
(20) "Certified
				applicator" means any individual who is certified and licensed or issued a
				special use permit to use or supervise the use of any restricted use pesticide
				covered by his certification.
(21)
				"Chronic toxicity" means the property of a substance or mixture of substances
				to cause adverse effects in organisms upon repeated or continuous exposure over
				a period of at least one-half the lifetime of that organism.
(22) "Classification of applicator" means the
				process by which commercial, government, public utility, non-commercial, and
				farm applicators are classified by the department according to type of
				operation, types or classes of pesticides use, or where and how the pesticide
				is to be used or applied.
(23)
				"Classification of pesticides" means the process by which the department under
				specific standards classifies a pesticide into general use or restricted
				use.
(24) "Commercial applicator
				certified license" means an authorization issued by the department to an
				individual to use and apply restricted use and general use pesticides for which
				he is qualified.
(25) "Common
				exposure route" means a likely way (oral, dermal, respiratory) by which a
				pesticide may reach and/or enter an organism.
(26) "Compatibility" means that property of a
				pesticide which permits its use with other chemicals without undesirable
				results being caused by the combination.
(27) "Competent or competency" means properly
				and legally 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.
(28) "Cooperative agreement" means an
				agreement of the department with any other local, county, state, other state,
				or federal agency or department for the purposes of carrying out the Act, for
				securing uniformity of rules, and for establishing reciprocal agreements on
				accepting licenses, permits, or certificates under certain conditions and
				standards.
(29) "Credential" means
				an authorizing document issued to an individual to sell pesticides under the
				supervision of a licensed dealer; or farm applicator, family members, or
				employees allowing them to purchase or use restricted use pesticides under the
				supervision of the farm applicator.
(30) "Degradation product" means a substance
				resulting from the transformation of a pesticide by physical, chemical, or
				biochemical means.
(31) "Denying,
				denial" means the process by which the department refuses to register a
				product, issue a license, grant a permit, or certify an individual.
(32) "Department" means the Montana
				Department of Agriculture.
(33)
				"Direct supervision" means the act or process whereby the use of a pesticide is
				made by a competent person acting under the verifiable instructions and
				supervision of a certified applicator, who has provided detailed guidance to
				the competent person for proper use of the pesticide; who has made provisions
				for contact in the event he is needed; and who is responsible for the actions
				of that person.
(34) "Director"
				means the director of the Montana Department of Agriculture or any officer or
				employee of the department to whom authority has heretofore been delegated or
				to whom authority may hereafter be delegated to act in his stead.
(35) "Disposal" means the process of
				discarding pesticides or pesticide containers in a permanent manner so as to
				avoid endangering or injuring public health, or causing unreasonable adverse
				effects on the environment.
(36)
				"Domestic application" means the application of a pesticide directly to humans
				or pets, application of a pesticide in, on, or around all structures, vehicles,
				or areas associated with household or home life, patient care areas of health
				related institutions or areas where children spend time, including but not
				limited to:
(a) gardens, noncommercial
				greenhouses, yards, patios, houses, pleasure marine craft, mobile homes,
				campers and recreational vehicles, noncommercial campsites, home swimming
				pools, and kennels;
(b) articles,
				objects, devices, or surfaces handled or contacted by humans or pets in all
				structures; vehicles or areas listed above;
(c)
				 patient care areas of nursing homes, mental institutions,
				hospitals, and convalescent homes;
(d) education, lounging, and recreational
				areas of preschools, nurseries, and day camps.