RS 3:3202 Definitions - Louisiana Statutes

§3202.  Definitions

(1)  "Active ingredient" means:

(a)  In the case of a pesticide, other than a plant regulator, defoliant, or dessicant, an ingredient which will prevent, destroy, repel, or mitigate any pest.

(b)  In the case of a plant 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 product 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 dessicant, an ingredient which will artificially accelerate the drying of plant tissue.

(2)  "Agricultural commodity" means any plant, or part thereof, or animal or animal product, produced by any person primarily for sale, consumption, propagation, or other use by man or animals.

(3)  "Agricultural consultant" means a person who, for a fee, provides technical advice, supervision, or recommendation in one or more of the categories under which agricultural consultants are licensed under this Chapter.

(4)  "Antidote" means a practical, immediate treatment for poisoning and includes first-aid treatment.

(5)  "Brand" means any name, trademark, or other designation under which a pesticide is sold.

(6)  "Commercial applicator" means an individual who is certified to apply or supervise the application of restricted use pesticides in the course of his employment.

(7)  "Commission" means the Advisory Commission on Pesticides as set forth in Part II of this Chapter.

(8)  "Commissioner" means the commissioner of agriculture and forestry or his duly authorized representatives acting at his direction.

(9)  "Competent" means properly qualified to perform functions associated with pesticide sales or application, the degree of capability required being directly related to the nature of the activity and the associated responsibility.

(10)  Repealed by Acts 1990, No. 136, §2.

(11)  "Department" means the Louisiana Department of Agriculture and Forestry.

(12)  "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any pesticide waste into or on any land or water so that such pesticide waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

(13)  "Division" means the division of pesticide and environmental programs within the office of agricultural and environmental sciences.

(14)  "E.P.A." means the United States Environmental Protection Agency.

(15)  "Farmer" means any person engaged in the commercial production of agricultural products.

(16)  "Field scout" means an individual who is employed by an agricultural consultant and who enters fields on a regular basis to make pest counts without making recommendations.

(17)  "F.I.F.R.A." means the Federal Insecticide, Fungicide, and Rodenticide Act, P.L. 92-516, as amended.

(18)  "General use pesticide" means a pesticide which is classified for general use by the commissioner or by the E.P.A. under the F.I.F.R.A.

(19)  "Hazard" means the probability that a given pesticide will have an adverse effect on man or the environment in a given situation.

(20)  "Inert ingredient" means an ingredient which is not active.

(21)  "Label" means the written, printed, or graphic material on, or attached to the pesticide or any of its containers or wrappers.

(22)  "Labeling" means all labels and all other written, printed, or graphic matter accompanying the pesticide at any time or to which reference is made on the label or in literature accompanying the pesticide.

(23)  "Manufacturer" means the person who owns or holds the rights to any brand under which a pesticide is sold.

(24)  "Nontarget organism" means a plant or animal other than the one against which the pesticide is applied.

(25)  "Owner-operator" means a person who is licensed to own or operate a business which engages in the application of pesticides for a fee.

(26)  "Package" means any parcel, bag, bottle, can, or other container which contains a pesticide.

(27)  "Person" means any individual, corporation, partnership, association, or other legal entity.

(28)  "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest and any substance or combination of substances intended for use as a plant regulator, defoliant, dessicant, or any substance the commissioner determines to be a pesticide.

(29)  "Pesticide dealer" means a person who is licensed to own or operate a business which engages in the sale of restricted use pesticides.

(30)  "Pesticide salesperson" means an individual who is certified to sell or supervise the sale of restricted use pesticides.

(31)  "Pesticide waste" means any pesticide or substance containing a pesticide or any container thereof when it is discarded or is meant to be discarded.

(32)  "Pesticide waste generation" means the act or process of producing pesticide wastes.

(33)  "Pesticide with restricted uses" means any pesticide for which the commissioner has established restrictions on the application of the pesticide during certain times or in certain locations.

(34)  "Pests" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganism in living humans or other living animals, which the commissioner declares to be a pest.

(35)  "Phenoxy herbicide" means any herbicide which contains a phenoxy derivative or lower aliphatic acid as an ingredient.

(36)  "Private applicator" means an individual who is certified to apply or supervise the application of any restricted use pesticide for the purpose of producing any agricultural commodity on land owned or leased by the private applicator or for the purpose of applying or supervising the application of any restricted use pesticide on lands owned by another without compensation.  Producing an agricultural commodity shall include related aspects of production, such as storage or transportation of an agricultural commodity produced by the private applicator.

(37)  "Restricted use pesticide" means a pesticide which is classified for restricted use by the commissioner or by the E.P.A. under the F.I.F.R.A.

(38)  "Shipping containers" means the smallest unit in which a manufacturer ships a particular pesticide.

(39)  "Storage" means the containment of pesticide waste in such manner as not to constitute disposal of such pesticide waste.

(40)  "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any pesticide waste so as to neutralize such waste or so as to render such waste innocuous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume.

(41)  "Weed" means any plant which grows where not wanted or serves no useful purpose.

Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.  Acts 1983, No. 130, §1; Acts 1990, No. 136, §2; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2009, No. 24, §1, eff. June 12, 2009.