Section R3-3-101. Definitions

In addition to the definitions in A.R.S. §§ 3-341 and 3-361, the fol- lowing terms apply to Articles 1 through 5 of this Chapter:

“Acute toxicity” means adverse physiological effects that result from a single dose or single exposure to a chemical; or any poisonous effect produced by a single dose or single expo- sure to a chemical within a short period of time, usually less than 96 hours.

“Adulterate” means to change a pesticide so that:

Its strength or purity falls below the standard of quality stated on the labeling under which it is sold,

Any substance has been substituted wholly or in part for the pesticide, or

Any constituent of the pesticide has been wholly or in part abstracted.

“Agricultural aircraft pilot” means any individual licensed by the Department who pilots an agricultural aircraft to apply a pesticide.

“Agricultural commodity” means any plant, animal, plant product, or animal product produced for commercial or research purposes.

“Agricultural establishment” means any farm, forest, nursery, or greenhouse.

“Agricultural purpose” means use of a pesticide on an agricul- tural commodity. It excludes the sale or use of pesticides, in properly labeled packages or containers, for either of the fol- lowing:

Home use, or

Use in swimming pools or spas.

“Aircraft” means any mechanism used in flight, excluding a remote-controlled mechanism.

“ALJ” means an individual or the Director who sits as an administrative law judge, who conducts administrative hear- ings in a contested case or an appealable agency action, and who makes decisions regarding the contested case or appeal- able agency action. A.R.S. § 41-1092(1)

“Animal” means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish and shellfish. A.R.S. § 3-341(3)

“Application site” means the specific location, crop, object, or field to which a pesticide is or is intended to be applied.

“Applicator” means any individual who applies, or causes to have applied, any pesticide on an agricultural establishment or golf course.

“Authorized activities” means, for compliance with A.R.S. § 3-365(D), any organized activities scheduled at a school or child care facility that use the school or child care facility or the school or child care grounds and for which the sponsors or organizers of the activity have received the written approval of a responsible administrative official of the school or child care facility.

“Buffer zone” means an area of land that allows pesticide deposition and residues to decline to a level that poses a rea- sonable certainty of no harm to a defined area.

“Bulk release” means the release of any pesticide or mixture of pesticides that poses a potential risk to property, human health, or the environment in volumes greater than those prescribed by the pesticide label for the application site. A pesticide drip- ping from a spray nozzle or minor splashing during mixing is not a bulk release.

“Certified applicator” means any individual who is certified by the Department to use or supervise the use of any restricted use pesticide or to use any pesticide on a golf course.

“CEU” means continuing education unit.

“Child care facility” means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor and is licensed as a child care facility by the Arizona Department of Health Services. A.R.S.

§ 36-881(3). Child care facilities are commonly known as day care centers.

“Commercial applicator” means 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 restricted use pesticide for any purpose or on any property other than property owned or controlled by:

The applicator;

The applicator’s employer; or

Another person, if the application is performed without compensation, other than trading of personal services between producers of agricultural commodities.

“Contamination” means a concentration of pesticide sufficient to violate state or federal water, soil, food, feed, or air contam- ination standards, except if legally applied.

“Continued pesticide application” means the continuance of an interrupted application of the same pesticide to the same appli- cation site within the same section, township, and range within the same reporting period.

“Custom application equipment” means aircraft, remote-con- trolled equipment, and ground equipment used for pesticide application by a custom applicator.

“Custom applicator” means any person, except a person regu- lated by the OPM, who applies pesticides for hire or by air- craft.

“Defoliation” means killing or artificially accelerating the dry- ing of plant tissue with or without causing abscission.

“Device” means any instrument or contrivance that is intended to be used for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than a human being and a bacterium, virus, or other microorganism on or in a living human being or other living animal. Device does not include firearms, mechanical traps, or equipment used for the application of pesticides if the application equip- ment is sold separately.

“Diluent” means any substance added to a pesticide before application to reduce the concentration of the active ingredient in the mixture.

“Direct release” means to apply a pesticide outside the bound- aries of an application site, at the time of application, while the valve controlling the normal flow of pesticide from the appli- cation device is in the open position and the application device is not within the confines of the application site. Direct release does not mean the drift or discharge of a pesticide caused by a mechanical malfunction of the application device that is beyond the control of the operator. Direct release does not mean a release caused by accident, or done to avoid an acci- dent that would have resulted in greater harm than that caused by the pesticide release.

“Disposal” means discarding a pesticide or pesticide container that results in the deposit, dumping, burning, or placing of the container or unused pesticide on land or into the air or water.

“Drift” means the physical movement of pesticide through the air at the time of a pesticide application from the application site to any area outside the boundaries of the application site. Drift does not include movement of a pesticide or associated degradation compounds to any area outside the boundaries of an application site if the movement is caused by erosion, run off, migration, volatility, or windblown soil particles that occur after application, unless specifically addressed on the pesticide label with respect to drift control requirements.

“EPA” means the United States Environmental Protection Agency.

“Experimental use permit” means a permit issued by the EPA, or the Department pursuant to A.R.S. § 3-350.01, to a person for the purpose of experimentation, which includes the accu- mulation of information necessary for the registration of a pes- ticide.

“Exposure” means the inhalation or ingestion of a pesticide, or eye or skin contact with a pesticide.

“Family member” means spouse, child, sibling, parent, grand- parent, grandchild, stepparent, or stepchild.

“FFDCA” means the Federal Food, Drug and Cosmetic Act, as amended.

“FIFRA” means the Federal Insecticide, Fungicide and Rodenticide Act, as amended, 7 U.S.C. § 136 et seq.

“Fumigant” means a substance or mixture of substances that produces gas vapor or smoke intended to control a pest in stored agricultural commodities or to control burrowing rodents.

“Golf applicator” means a certified applicator who uses a pes- ticide for the maintenance of a golf course that is owned or controlled by the applicator or the applicator’s employer.

“Health care institution” means any institution that provides medical services, nursing services, health screening services, and other health-related services, and is licensed by the Ari- zona Department of Health Services.

“Highly toxic pesticide” means a pesticide with an acute oral LD50 of 50 milligrams per kilogram of body weight or less, dermal LD50 of 200 milligrams per kilogram of body weight

or less, or inhalation LD50  of 0.2 milligrams per liter of air or less, and the label bears the signal words “danger” and “poi- son” and shows a skull and crossbones.

“Individual” means a human being.

“Insect” means any of the numerous small invertebrate ani- mals generally having the body more or less obviously seg- mented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centi- pedes and wood lice. A.R.S. § 3-341(14)

“Integrated Pest Management” or “IPM” means a sustainable approach to managing pests that uses any combination of bio- logical, chemical, cultural, genetic, manual, or mechanical tools or techniques in a way that minimizes health, environ- mental, and economic risks.

“Label” means the written, printed or graphic matter on, or attached to, the pesticide or device, or the immediate con- tainer thereof, and the outside container or wrapper of the retail package, if there is any, of the pesticide or device. A.R.S.

§ 3-341(15)

“Labeling” means all labels and other written, printed or graphic matter:

Upon the pesticide or device or any of its containers or wrappers.

Accompanying the pesticide or device at any time.

To which reference is made on the label or in literature accompanying the pesticide or device, except when accu- rate, non-misleading reference is made to current official publications of the United States departments of agricul- ture or interior, the United States public health service, state experiment stations, state agricultural colleges or other similar federal institutions or official agencies of the state or other states authorized by law to conduct research in the field of pesticides. A.R.S. § 3-341(16).

“LD50” means a single dose of pesticide that will kill at least 50 percent of laboratory test animals as determined by an EPA- approved procedure.

“Livestock” means clovenhoofed animals, horses, mules, or asses.

“OPM” means the Office of Pest Management.

“PCA” or “agricultural pest control advisor” means any indi- vidual licensed by the Department who, as a requirement of, or incidental to, the individual’s employment or occupation:

Offers a written recommendation to a regulated grower or to any public or private agency concerning the control of any agricultural pest,

Claims to be an authority or general advisor on any agri- cultural pest or pest condition, or

Claims to be an authority or general advisor to a regulated grower on any agricultural pest.

“Person” means any individual, partnership, association, cor- poration or organized group of persons whether incorporated or not. A.R.S. § 3-341(19)

“Pest” means:

Any weed, insect, vertebrate pest, nematode, fungus, virus, bacteria or other pathogenic organisms.

Any other form of terrestrial or aquatic plant or animal life, except virus, bacteria or other microorganism on or in living humans or other living animals, which the direc- tor declares to be a pest for the purpose of enforcement of this Article. A.R.S. § 3-341(20)

“Pesticide” means any substance or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or  mitigating insects,  fungi, bacteria, weeds, rodents, predatory animals or any form of plant or ani- mal life which is, or which the director may declare to be, a pest which may infest or be detrimental to vegetation, humans, animals or households or which may be present in any envi- ronment. A.R.S. § 3-361(6)

“Pesticide container” means any container with an interior sur- face that is in direct contact with a pesticide.

“Pesticide use” means the sale, processing, storing, transport- ing, handling or applying of a pesticide and disposal of pesti- cide containers. A.R.S. § 3-361(7)

“Private applicator” means a certified applicator who uses or supervises the use of a restricted use pesticide for producing an agricultural commodity on property owned or controlled by:

The applicator;

The applicator’s employer; or

Another person, if the pesticide is applied without com- pensation, other than trading of personal  services between producers of agricultural commodities.

“Property boundary” means the legal boundary of the land on which a child care facility, health care institution, residence, or school sits, unless another boundary is established by a written agreement with the owner of the child care facility, health care institution, residence, or school. Under a written agreement, the parties shall not establish a boundary that is less than ten feet from the child care facility, health care institution, resi- dence, or school.

“Ready-to-use” means a registered pesticide, in the manufac- turer’s original container, that does not require dilution by the end user.

“Regulated grower” means  a person who acquires or pur- chases pesticides or contracts for the application of pesticides to agricultural commodities, onto an agricultural establish- ment, or onto a golf course as a part of the person’s normal course of employment or activity as an owner, lessee, subles- see, sharecropper, or manager of the land to which the pesti- cide is applied.

“Reporting period” means no later than the Thursday follow- ing the calendar week in which an application is completed.

“Residence” means a dwelling place where one or more indi- viduals are living.

“Responsible individual” means an individual at a seller’s location who has passed the core examination prescribed in R3-3-202 and is designated by the seller under R3-3-203.

“Restricted use pesticide” means a pesticide classified as such by the EPA. A.R.S. § 3-361(8).

“School” means a public institution established for the pur- poses of offering instruction to pupils in programs for pre-

school children with disabilities, kindergarten programs or any combination of grades one through twelve. A.R.S. § 15- 101(19). School includes a private institution with member- ship in the North Central Association of Colleges and Schools serving students in kindergarten programs or any combination of grades one through twelve.

“Seller” means any person selling or offering for sale a restricted use pesticide or other type of pesticide intended to be used for an agricultural purpose.

“Service container” means a container used to temporarily hold, store, or transport a pesticide concentrate or a registered, ready-to-use pesticide other  than the  original labeled  con- tainer, measuring device, or application device.

“Small scale test” means a test using a pesticide on land or water acreage as described at 40 CFR 172.3(c)(1) or (2).

“Spot application” means a treatment in an area other than a greenhouse or nursery operation that is restricted to an area of a field that is less than the entire field.

“Tag” means a custom application equipment license issued by the Department to a custom applicator licensee.

“Triple rinse” means to flush out a container at least three times, each time using a volume of water, or other diluent as specified on the label, equal to a minimum of 10 percent of the container’s capacity or a procedure allowed by the label that produces equivalent or better results.

“Unreasonable adverse effect” means any unreasonable risk to a human being or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or a human dietary risk from residues that result from a use of a pesticide in or on any food as docu- mented by the Department through its investigation.

“Weed” means any plant which grows  where not wanted.

A.R.S. § 3-341(24)

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-101 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6,

2004 (Supp. 04-1). Amended by exempt rulemaking at 19

A.A.R. 3130, effective September 16, 2013 (Supp. 13-3).