206.2 - DEFINITIONS. - Iowa Statutes

206.2 DEFINITIONS. When used in this chapter: 1. The term "active ingredient" means: a. In the case of a pesticide other than a plant growth regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests. b. In the case of a plant growth regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof. c. In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant. d. In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue. 2. The term "adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted. 3. The term "antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment. 4. "Certified applicator" means any individual who is certified under this chapter as authorized to use any pesticide. 5. "Certified commercial applicator" means a pesticide applicator or individual who applies or uses a pesticide or device on any property of another for compensation. 6. "Certified private applicator" means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use 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. 7. "Chlordane" means 1,2,4,5,6,7,8,8- octachloro-4,7-methano-3a,4,7,7a- tetrahydroindane; Octa klor: 1068; Velsicol 1068; Dowklor. 8. "Commercial applicator" means a person, corporation, or employee of a person or corporation who enters into a contract or an agreement for the sake of monetary payment and agrees to perform a service by applying a pesticide but does not include a farmer trading work with another, a person employed by a farmer not solely as a pesticide applicator who applies pesticide as an incidental part of the person's general duties, or a person who applies pesticide as an incidental part of a custom farming operation. 9. "Department" means the department of agriculture and land stewardship. 10. The term "device" means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects, birds, or rodents or destroying, repelling, or mitigating fungi, nematodes, weeds or such other pests as may be designated by the secretary, but not including equipment used for the application of pesticides when sold separately therefrom. 11. The term "distribute" means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state. 12. "Financial institution" means a bank or savings and loan association authorized by this state or by the laws of the United States, which is a member of the federal deposit insurance corporation or the federal savings and loan insurance corporation. 13. The term "hazard" means a probability that a given pesticide will have an adverse effect on man or the environment in a given situation, the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time. 14. The term "inert ingredient" means an ingredient which is not an active ingredient. 15. The term "ingredient statement" means either: a. A statement of the name and percentage by weight of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide. b. When the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. 16. The term "label" means the written, printed, or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide or device. 17. The term "labeling" means all labels and other written, printed or graphic matter: a. Upon the pesticide or device or any of its containers or wrappers. b. Accompanying the pesticide or device at any time. c. To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading reference is made to current official publications of the United States department of agriculture or interior, the United States public health service, the state agricultural experiment stations, the Iowa state university, the Iowa department of public health, the department of natural resources, or other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of pesticides. 18. The term "misbranded" shall apply: a. To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular. b. To any pesticide: (1) If it is an imitation of or is offered for sale under the name of another pesticide. (2) If its labeling bears any reference to registration under this chapter, when not so registered. (3) If the labeling accompanying it does not contain directions for use which are necessary and if complied with adequate for the protection of the public. (4) If the label does not contain a warning or caution statement which may be necessary and if complied with adequate to prevent injury to living persons and other vertebrate animals. (5) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there is to be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase. (6) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or graphic matter in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (7) If in the case of an insecticide, nematocide, fungicide, or herbicide when used as directed or in accordance with commonly recognized practice it shall be injurious to living persons or other vertebrate animals, or vegetation, except weeds, to which it is applied, or to the person applying such pesticide. (8) If in the case of a plant growth regulator, defoliant, or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided, that physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when this is the purpose for which the plant growth regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations. 19. The term "permit" means a written certificate, issued by the secretary or the secretary's agent under rules adopted by the department authorizing the use of certain state restricted use pesticides. 20. The term "person" means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not. 21. The term "pesticide" shall mean (a) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating directly or indirectly any insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living persons, which the secretary shall declare to be a pest, and (b) any substances intended for use as a plant growth regulator, defoliant, or desiccant. 22. The term "pesticide dealer" means any person who distributes restricted use pesticides; pesticide for use by commercial or public pesticide applicators; or general use pesticides labeled for agricultural or lawn and garden use with the exception of dealers whose gross annual pesticide sales are less than ten thousand dollars for each business location owned or operated by the dealer. 23. The term "plant growth regulator" means 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 ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. 24. "Poison control center" means an entity existing as part of a hospital licensed under chapter 135B which is an institutional member of the American association of poison control centers. 25. "Public applicator" means an individual who applies pesticides as an employee of a state agency, county, municipal corporation, or other governmental agency. This term does not include employees who work only under the direct supervision of a public applicator. 26. The term "registrant" means the person registering any pesticide or device or who has obtained a certificate of license from the department pursuant to the provisions of this chapter. 27. The term "restricted use pesticide" means any pesticide restricted as to use by rule of the secretary as adopted under section 206.20. 28. "State restricted use pesticide" means a pesticide which is restricted for sale, use, or distribution under section 455B.491. 29. "Toxic to humans" means not generally recognized as safe as provided by the United States food and drug administration pursuant to 21 C.F.R. pt. 182. 30. The term "under the direct supervision of" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator or a state licensed commercial applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. 31. The term "unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.          Section History: Early Form [C24, 27, 31, 35, 39, § 3182; C46, 50, 54, 58, 62, § 206.1; C66, 71, 73, 75, 77, 79, 81, § 206.2]          Section History: Recent Form 83 Acts, ch 101, § 34; 86 Acts, ch 1245, § 643; 87 Acts, ch 225, § 209--213; 87 Acts, ch 177, § 1; 88 Acts, ch 1197, § 1; 91 Acts, ch 124, §2; 92 Acts, ch 1020, §1; 92 Acts, ch 1112, §1; 95 Acts, ch 172, § 1; 2003 Acts, ch 86, §1, 3 Referred to in § 139A.21, 161.2, 202.1, 206.31, 455B.491, 455B.602, 570A.1, 579B.1 Further definitions, see § 189.1