SECTIONS 12751-12759 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12751-12759

12751. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

12752. "Defoliating" includes killing or artifically accelerating
the drying of plant tissues, with or without causing abscission.

12753. "Pesticide" includes any of the following:
(a) Any spray adjuvant.
(b) Any substance, or mixture of substances which is intended to
be used for defoliating plants, regulating plant growth, or for
preventing, destroying, repelling, or mitigating any pest, as defined
in Section 12754.5, which may infest or be detrimental to
vegetation, man, animals, or households, or be present in any
agricultural or nonagricultural environment whatsoever.

12754. "Insect" means any animal within the class of animals which
are known as "Insecta" or any similar animal such as a centipede,
spider, mite, tick, or louse.

12754.5. "Pest" means any of the following that is, or is liable to
become, dangerous or detrimental to the agricultural or
nonagricultural environment of the state:
(a) Any insect, predatory animal, rodent, nematode, or weed.
(b) Any form of terrestrial, aquatic, or aerial plant or animal,
virus, fungus, bacteria, or other microorganism (except viruses,
fungi, bacteria, or other microorganisms on or in living man or other
living animals).
(c) Anything that the director, by regulation, declares to be a
pest.

12755. "Registrant" means a person that has registered a pesticide
and has obtained a certificate of registration from the department.

12756. "Regulating plant growth" means the use of any substance or
mixture of substances intended, through physiological action, for
accelerating or retarding the rate of growth or rate of maturation,
or for otherwise altering the behavior of plants or the produce
thereof.
However, it shall not include the use of substances to the extent
that they are intended as plant nutrients, trace elements,
nutritional chemicals, plant inoculants, and soil amendments.
Also, "regulating plant growth" shall not be required to include
at all the use of any of such of those nutriment mixtures or soil
amendments as are commonly known as vitamin-hormone horticultural
products, intended for improvement, maintenance, survival, health,
and propagation of plants and are not for pest destruction and are
nontoxic, nonpoisonous in the undiluted packaged concentration.

12757. "Rodent" means all members of the order Rodentia and all
rabbits and hares.

12757.5. "Service container" means any container, other than the
original labeled container of a registered pesticide provided by the
registrant, that is utilized to hold, store, or transport the
pesticide or the use-dilution of the pesticide.

12758. "Spray adjuvant" means any wetting agent, spreading agent,
deposit builder, adhesive, emulsifying agent, deflocculating agent,
water modifier, or similar agent, with or without toxic properties of
its own, which is intended to be used with another pesticide as an
aid to the application or effect of the other pesticide, and sold in
a package that is separate from that of the pesticide other than a
spray adjuvant with which it is to be used.

12758.5. "Use-dilution" means a dilution specified on the label or
labeling that produces the concentration of the pesticide for a
particular purpose or effect.

12759. "Weed" means any plant which grows where not wanted.