Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter A - GENERAL PROVISIONS › Section 128.2 - 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).
Application site
-The specific location
					 where a pesticide is applied.
Applicator certificate
-A form issued by
					 the Department to a commercial or public applicator following the successful
					 completion of a certification examination or other certification
					 requirements.
Area-wide application
-A nonagricultural
					 pesticide application to areas of 25 or more contiguous acres or a
					 nonagricultural pesticide application made by or at the direction of a
					 governmental entity to properties of more than one person.
Available if and when needed
-The ability
					 of a certified applicator to communicate with a person applying pesticides
					 under his supervision so that the certified applicator can provide instructions
					 and exercise control over the application and can be at the application site
					 within 5 hours of receiving notification that his physical presence is
					 necessary.
Business
-A governmental entity or
					 commercial establishment for profit or not-for-profit. For a pesticide
					 application business having more than one place of business or operating under
					 more than one name within this Commonwealth, each place of business and each
					 name shall be considered a separate business. For a State or Federal entity,
					 each district or region will be considered a separate business.
Common access area
-The areas within a
					 school building where students/attendees normally congregate, assemble or
					 frequent during normal academic instruction or extracurricular activities. The
					 term does not include areas such as kitchens, boiler rooms, utility/maintenance
					 rooms and areas which are physically blocked or restricted from
					 student/attendee access.
Constructive notification
-A person shall
					 be deemed to have received notification if an adult residing in the same
					 dwelling unit is so notified; orally, or by certified mail, or by a message
					 left on an answering device activated by contacting the residence, including
					 electronic mail or facsimile.
Current registry
-The Pesticide
					 Hypersensitivity Registry with the most recent effective date.
Department
-The Department of Agriculture
					 of the Commonwealth.
Dosage
or
rate of
					 application
-The concentration of each pesticide, such as, a percent,
					 ounces or quarts per gallon, pounds per 100 gallons, applied to a specific
					 application site or target such as a crop, ornamental, cut stump, weed, animal,
					 utility pole, reported as gallons per acre, pounds per 1,000 square feet,
					 ounces per linear foot, ounces per cubic foot or ounces per animal.
EPA
-The United States Environmental
					 Protection Agency.
FIFRA
-Federal Insecticide, Fungicide, and
					 Rodenticide Act of 1947 ( 7
					 U.S.C.A. §
											§
											136 -
					 136y.
Fumigant
-A pesticide that when released
					 forms a gas.
General use pesticide
-A pesticide not
					 classified for restricted use.
Governmental entity
-An executive or
					 independent agency or unit of the Commonwealth, or local agency, including a
					 county, a city, a borough, town, township, school district, municipal authority
					 or political subdivision thereof.
Integrated pest management
-The managed use
					 of combined pest control alternatives, including cultural, mechanical,
					 biological and chemical, to most effectively prevent or reduce to acceptable
					 levels damage caused by pests.
Land contiguous to a restricted use pesticide
					 application site
-Premises which share a mutual border with the
					 premises upon which the application site is located. The term does not include
					 premises located more than 100 feet from the application site.
Perimeter treatment
-
(i) The application of pesticide to the
				  exterior of a structure to a maximum distance of 10 feet from the structure,
				  unless the pesticide label clearly states otherwise, to prevent pests from
				  invading the structure.
(ii) The
				  term excludes tamper resistant bait stations.
Person
-An individual, partnership,
					 association, corporation or any organized group of persons whether incorporated
					 or not.
Pesticide dealer manager
-An owner or
					 individual employed by a licensed pesticide dealer who is responsible for
					 storage and distribution of restricted use pesticides.
Pesticide end-use dilution
-Pesticide
					 material resulting from the dilution of a registered pesticide according to
					 label direction.
Pesticide hypersensitivity
-Excessive or
					 abnormal sensitivity to pesticides.
Primary residence
-An individual's legal
					 residence.
Prior notification
-
(i) Notification of a proposed application of
				  pesticides given not more than 45 days and not less than 14 days prior to the
				  date of application which contains the following information:
(A) The proposed date of
				  application.
(B) The municipalities
				  where the proposed application sites are located.
(C) The name, address and telephone number of
				  the pesticide application business to whom requests for additional information
				  should be directed.