Section R4-29-101. Definitions

In addition to the definitions provided in A.R.S. § 32-2301, the fol- lowing terms apply to this Chapter:

“Administratively complete” means an application contains all components required by statute or this Chapter to be submitted to the OPM to enable the OPM to determine whether to grant a license or approval.

“Advertisement” means a written or oral notice, including a business card, website, or telephone directory listing, which is intended, directly or indirectly, to induce a person to enter into an agreement for pest management services.

“Applicator” means an individual who provides pest manage- ment services. Applicator does not include a laborer.

“Applicator certification” means a certified applicator license.

“Broadening” means to add another category of work to an existing certification.

“Certified applicator” means an individual who is licensed by the OPM to provide pest management services, including a QA.

“CEU” means continuing education unit.

“Continuing education unit” means 50 minutes of participation in continuing education.

“Control” or “manage” means, with respect to pests, to exter- minate, eradicate, destroy, kill, repel, attract, sterilize, miti- gate, remove, or a combination of these activities.

“Department” means the Arizona Department of Agriculture.

“Disassociate” means to die, become disabled, resign, retire, be ill or take leave for more than 14 days, be terminated, or be called to active military duty.

“Entire structure” means all critical areas as defined in this Chapter and as specified on product labeling for both the inte- rior and exterior of a structure.

“EPA” means the U.S. Environmental Protection Agency.

“EPA registration number” means the actual EPA registration number of a product or the federal provision exempting the product from EPA registration.

“Final grade treatment” means establishment of a complete vertical barrier at the exterior of foundation walls in stem wall or monolithic construction.

“Fog or fogging” means applying a pesticide by a flammable, aerosolizing thermal or other generator that forms particles less than 10 microns in diameter.

“Food-handling establishment” means a place, other than a private residence, in which food is received, served, stored, packaged, prepared, or processed.

“Fumigant” means a chemical substance with a vapor pressure greater than five millimeters of mercury at 25 degrees Centi- grade that is used to destroy plant or animal life.

“Fumigation” means a method of pest management that com- pletely fills an area with a fumigant to suffocate or poison pests within the area.

“Fungi” means saprophytic and parasitic organisms that lack chlorophyll such as molds, rusts, mildews, smuts, and yeast, except those on or in living people or animals or processed foods, beverages, or pharmaceuticals.

“Health care institution” means a health care institution licensed pursuant to Title 36, Chapter 4 and includes doctor and dental offices.

“Label” means a written, printed, or graphic document that is approved by the EPA and on or attached to a pesticide con- tainer, the wrapper of a pesticide container, or a device.

“Labeling” means a written, printed, or graphic document that is authorized by the manufacturer or a state or federal agency to accompany a pesticide or device, or is referred to on the label or in literature accompanying the pesticide or device.

“Laborer” means an individual who performs physical labor necessary for an applicator to provide pest management ser- vices, including drilling and trenching, but who does not han- dle any pesticide container that has ever been opened, identify infestations, make inspections, make inspection reports or rec- ommendations with respect to infestations, or use any device for the purpose of eliminating, exterminating, controlling or preventing infestations, except that laborer includes an indi- vidual who assists with the use of a tarp on a structure for a fumigation performed by an applicator.

“New-construction treatment” means a treatment to all cellu- lose components of a structure as prescribed by the pesticide label to protect the structure from subterranean termites and is performed after a permanent concrete slab foundation is installed or footings and supports for a raised foundation are

installed, but before the structure or a final grade treatment is completed.

“OPM” means the Office of Pest Management.

“Pest” means a vertebrate or invertebrate insect, bird, mam- mal, or other animal or organism, or a weed or plant pathogen that is in an undesirable location.

“Pesticide,” as defined in A.R.S. § 32-2301, includes but is not limited to an insecticide, fungicide, rodenticide, termiticide, fumigant, larvicide, piscicide, adulticide, herbicide, nemati- cide, avicide, or molluscicide.

“Pest management services” means identifying infestations or making inspections for the purpose of identifying or attempt- ing to identify infestations, making written or oral inspection reports or recommendations with respect to infestations, and the application of pesticides or the use of devices not exempt by section 32-2304, subsection B, paragraph 18, for the pur- pose of eliminating, exterminating, controlling or preventing infestations.

“Post-construction treatment” means a treatment to control wood-destroying insects in or around an existing structure per- formed after all soil disturbance associated with construction is complete and after an applicator has completed an inspec- tion of the structure and a treatment proposal under A.R.S. § 32-2332(A) and (B).

“Pretreatment” means a termite treatment that protects all cel- lulose components of a structure from subterranean termites, is performed before a permanent concrete slab foundation is installed or in conjunction with establishing footings and sup- ports for a raised foundation, and establishes thorough and complete horizontal and vertical treated barriers.

“Primary service,” as used in A.R.S. § 32-2311.02(B)(3), means applying an herbicide as the only or predominant ser- vice under a verbal or written contract to maintain a property.

“Project” means an individual address or a privately owned or individually owned dwelling.

“QA” means certified qualified applicator. “QP” means qualifying party.

“Qualified applicator certification” means a certified qualified applicator license.

“SDS” means safety data sheet, which is a written communi- cation regarding a hazardous chemical that meets the standards at 29 CFR 1910.1200(g).

“Service container” means a receptacle that is used to hold, store, or transport a pesticide concentrate or use-dilution preparation other than the original labeled receptacle provided by the manufacturer, a measuring instrument, or application equipment.

“Service vehicle” means a motor vehicle, including a trailer attached to the motor vehicle, used regularly to transport an applicator and equipment or pesticides used to provide pest management services.

“Signal word” means a word printed on a label that indicates the toxicity level of the pesticide in the container to which the label is affixed.

“Special Local Need registration” means an  authorization from the Department to use a pesticide, which meets an Ari- zona-specific need, in Arizona according to the terms of the registration.

“Specimen label” means a label other than the label attached to a pesticide container that contains the same information as the labeling.

“Structure” means all parts of a building, whether vacant or occupied, in all stages of construction.

“Subterranean termites” means the several species of termites that usually maintain contact with the soil, including those in the families Rhinotermitidae and Termitidae.

“Supplemental wood-destroying insect inspection” means a re-examination made by an applicator of the business licensee that conducted a previous wood-destroying insect inspection and within 30 days of the previous examination to determine whether corrective treatment has been performed or conditions conducive to wood-destroying insects have been corrected.

“Tag” means a written document that is required under this Chapter to be posted conspicuously at a pretreatment or new- construction treatment site.

“TARF” means termite action report form.

“Termiticide” means a chemical registered by the EPA and the Department and used for control of termites.

“Water-retention basin” means an area to temporarily hold water run-off until the water dissipates.

“WDIIR” means wood-destroying insect inspection report, which is a written report on a form approved by the OPM that is prepared in connection with the sale or refinancing of real property regardless of whether the report is used as part of the sale or refinancing.

“Wood-destroying insect inspection” means an inspection for the presence or absence of wood-destroying insects.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Sec- tion repealed by final rulemaking at 13 A.A.R. 528, effec- tive April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7,

2007 (Supp. 07-1). Amended by final rulemaking at 19

A.A.R. 2967, effective September 13, 2013 (Supp. 13-3).