Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Act
-The Pennsylvania Pesticide Control Act
				  of 1973 (3 P. S. §
										§
										111.21-111.61).
Agricultural commodities
-Agricultural,
				  horticultural, viticultural and dairy products, livestock and the products
				  thereof, ranch raised fur bearing animals and the products thereof, the
				  products of poultry and bee raising, forestry and forestry products, and
				  products raised or produced on farms intended for human consumption and the
				  processed or manufactured products thereof intended for human consumption,
				  transported or intended to be transported in commerce.
Applicant
-A person who owns, holds or
				  possesses pesticides within a participating county and who has filed a Program
				  preregistration application form with the Department.
Central-site pesticide collection
-The
				  collection by a contractor of a portion of the pesticide inventory of a
				  participating county from a site to which two or more participants have
				  transported their pesticides for collection.
Certified applicator
-An individual who is
				  certified by the Department under section 16.1, 17 or 17.1 of the act
				  (3 P.
				  S. §
										§
										111.36a,
				  111.37 and
				  111.37a) as being competent to
				  use or supervise the use or application of a pesticide.
Commercial applicator
-A certified
				  applicator, whether or not the applicator is a private applicator with respect
				  to some uses, who uses or supervises the use of a pesticide on the property or
				  premises of another, or on easements granted under State law, or an applicator
				  who uses or supervises the use of a restricted use pesticide on property owned
				  or rented by him or his employer, when not for purposes of producing an
				  agricultural commodity. The Secretary may deem certain types of applicators
				  using a pesticide on their own property or that of their employers as
				  commercial applicators.
Contractor
-A person engaged in the business
				  of collecting, packing, transporting and disposing of hazardous waste, who is
				  contractually obligated, through the Program, to collect, pack, transport and
				  dispose of the pesticide inventory of a participating county.
Department
-The Department of Agriculture of
				  the Commonwealth.
Emergency situation
-An unforeseen or
				  unexpected circumstance involving pesticides that requires immediate action to
				  protect the public health, safety, environment, or general welfare in this
				  Commonwealth.
EPA
-The Environmental Protection Agency of
				  the United States.
Onsite pesticide collection
-The collection
				  by a contractor of a portion of the pesticide inventory of a participating
				  county from the site, usually a farm, at which it is stored by a
				  participant.
Participating county
-A county designated by
				  the Department to participate in the CHEMSWEEP Program.
Participant
-An applicant whose application
				  has been accepted by the Department and whose pesticides are the subject of a
				  disposal contract between the Department and a contractor.
Person
-Any individual, partnership,
				  association, corporation or any organized group of persons whether incorporated
				  or not.
Pesticide
-A substance or mixture of
				  substances intended for preventing, destroying, repelling or mitigating a pest,
				  and a substance or mixture of substances intended for use as a plant
				  regulatory, defoliant or desiccant.
Pesticide dealer
-A person who distributes or
				  offers for sale pesticides which are classified for restricted use under the
				  act.
Pesticide inventory
-The compilation of
				  information with respect to the identification, quantification and safety of
				  pesticides held by a participant within a particular participating
				  county.
Private applicator
-A certified applicator
				  who uses or supervises the use of a pesticide which is classified for
				  restricted use for purposes of producing an agricultural commodity on property
				  owned or rented by the applicator or the applicator's employer or, if applied
				  without compensation other than trading of personal services between producers
				  of agricultural commodities, on the property of another person.
Program
-The CHEMSWEEP Pesticide Disposal
				  Program.
Secretary
-The Secretary of the
				  Department.
USDA
-The United States Department of
				  Agriculture.
The provisions of this §
											128b.2 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).