Idaho State Statutes - Idaho Attorney Directory

When used in this act:
(1) "Adulterated" means a pesticide is adulterated for the purpose of
this act if the strength or purity of the pesticide is below the purported or
professed standard of quality as expressed in its labeling, or any substance
has been substituted wholly or in part for any ingredient of the pesticide, or
any valuable constituent thereof has been omitted wholly or in part.
(2) "Antipollution device" means any mechanical equipment used to reduce
hazard to the environment in cases of malfunction or shutdown of chemigation
equipment during chemigation and may include, but not be limited to,
interlock, irrigation line check valve, chemical line closure device, vacuum
relief device and automatic low-pressure drain.
(3) "Certified applicator" means a person who has qualified as a
professional applicator, or private applicator under the provisions of this
act and the rules promulgated by the director.
(4) "Chemical" means any fertilizer or pesticide.
(5) "Chemigation" means any process whereby chemicals are added to
irrigation water applied to land, crops or plants through an irrigation
system, such as, but not limited to, agricultural, nursery, turf, lawn, golf
course and greenhouse sites.
(6) "Defoliant" means any substance or mixture of substances intended for
causing the foliage to drop from a plant, with or without causing abscission.
(7) "Department" means the Idaho department of agriculture.
(8) "Desiccant" means any substance or mixture of substances intended for
artificially accelerating the drying of plant tissues.
(9) "Designated agent" means an employee or agent of the state authorized
by the director to perform various duties in connection with enforcement of
this act.
(10) "Device" means an instrument or contrivance, other than a firearm,
intended to trap, destroy, control, repel or mitigate any pest or any other
form of plant or animal life, other than man and other than bacteria, virus,
or other microorganism on or in living man or other living animals, but does
not include equipment used for the application of pesticides when sold
separately therefrom.
(11) "Director" means the director of the department of agriculture of the
state of Idaho.
(12) "Distribute" means to offer for sale, hold for sale, sell, barter,
ship, deliver for shipment, or receive and, having so received, deliver or
offer to deliver, pesticides in this state.
(13) "Environment" includes water, air, land, and all plants and man and
other animals living therein, and the interrelationships which exist among
these.
(14) "EPA" means the United States Environmental Protection Agency.
(15) "Fertilizer" means any formulation or product used as a plant
nutrient which is intended to promote plant growth and contains one (1) or
more plant nutrients.
(16) "General use pesticide" means any pesticide which is not a
restricted-use pesticide.
(17) "Irrigation system" means any device or combination of devices having
a hose, pipe, or other conduit which connects directly to any source of ground
or surface water, through which water or a mixture of water and chemicals is
drawn and applied to land, crops or plants. The term does not include any
hand-held sprayer or other similar device which is constructed so that an
interruption in water flow automatically prevents any backflow into the water
source.
(18) "Label or labeling" means the written, printed or graphic matter on
or attached to the pesticide or device or any of its containers or wrappers.
It would also include all other written, printed or graphic material that
accompanies the pesticide or device at any time.
(19) "Land" means all land and water areas, including airspace, and all
plants, animals, structures, buildings, contrivances, and machinery
appurtenant thereto or situated thereon, fixed or mobile, including any used
for transportation.
(20) "Misbranded" shall apply to (a) any pesticide or device if its
labeling bears any false or misleading statement, design or graphic
representation, and (b) any pesticide if such pesticide is not labeled as
required by section 22-3402, Idaho Code, and (c) any pesticide if the labeling
bears any reference to the registration provisions of section 22-3402, Idaho
Code, unless such reference is required by rules promulgated by the director.
(21) "Person" means any individual, partnership, association, fiduciary
corporation, or any organized group of persons whether incorporated or not.
(22) "Pest" means (a) any insect, rodent, nematode, fungus, weed, or (b)
any other form of terrestrial or aquatic plant or animal life or virus,
bacteria, or other microorganism, except virus, bacteria, or other
microorganism on or in living man or other living animals, which the director
declares to be a pest.
(23) "Pesticide" means but is not limited to (a) any substance or mixture
of substances intended to prevent, destroy, control, repel or mitigate any
insect, rodent, nematode, snail, slug, fungus, weed and any other form of
plant or animal life or virus, except virus or fungus on or in living man or
other animal, which is normally considered to be a pest or which the director
may declare to be a pest, and (b) any substance or mixture of substances
intended to be used as a plant regulator, defoliant or desiccant, and (c) any
spray adjuvant.
(24) "Pesticide dealer" means a person who distributes any restricted-use
pesticide or general use pesticide except those exempted in section 22-3406,
Idaho Code, or any pesticide whose uses or distribution are further restricted
by the director by rule.
(25) "Pesticide equipment" means any equipment, machinery, or apparatus
used in the actual application of pesticides including aircraft and
ground-spraying equipment.
(26) "Pesticide industry representative" means a person who is a pesticide
manufacturer's representative, distributor's representative, or any field
representative of any company or organization that deals in agricultural
commodities, who uses or supervises the application of restricted-use
pesticides solely for the purpose of demonstrating the use of the
restricted-use pesticide.
(27) "Plant 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
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.
(28) "Private applicator" means a person who: (a) uses or supervises the
use of restricted-use pesticides to produce agricultural commodities or forest
crops on land owned or rented by him or his employer; or (b) applies
restricted-use pesticides on the property of another without compensation
other than the trading of personal services between producers of agricultural
commodities; or (c) applies chemicals through irrigation systems on land owned
or rented by him or his employer.
(29) "Professional applicator" means a person who: (a) applies pesticides
upon the land or property of another for compensation, or applies chemicals
through irrigation systems upon the land or property of another for
compensation; or (b) uses or supervises the use of restricted-use pesticides
and is not a private applicator; or (c) offers or supplies technical advice or
recommendations regarding the use of agricultural pesticides.
(30) "Restricted area" means an area established under the provisions of
section 22-3419, Idaho Code, to prohibit or restrict the application of
pesticides in order to prevent injury to land, people, animals, crops or the
environment.
(31) "Restricted-use pesticide" means any pesticide or pesticide use
classified for restricted use by the administrator of EPA.
(32) "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 intended to be used
with any other pesticide as an aid to the application or to the effect
thereof, and which is in a separate container from that of the pesticide with
which it is to be used.
(33) "State restricted pesticide use" means any pesticide use which, when
used as directed in accordance with a widespread and commonly recognized
practice, may be further restricted when the director determines, subsequent
to a hearing, that additional restrictions are needed for that use to prevent
unreasonable adverse effects on the environment including man, lands,
beneficial insects, animals, crops and wildlife, other than pests.
(34) "Under the direct supervision of a certified private applicator"
means that, unless otherwise prescribed by its labeling, a pesticide shall be
considered to be applied under the direct supervision of a certified private
applicator if it is applied by a competent person acting under the
instructions and control of a certified private applicator who is available if
and when needed, even though the certified private applicator is not
physically present at the time and place the pesticide is applied.
(35) "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.
(36) "Wildlife" means all living things that are neither human,
domesticated, nor as defined in this act, pests, including but not limited to,
mammals, birds and aquatic life.

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