3-341. Definitions

For the purposes of this article:

1. " Active ingredient" means an ingredient that will prevent, destroy, repel or mitigate pests or that will act as a plant regulator, defoliant or desiccant.

2. " Adulterated" means any pesticide the strength or purity of which 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. " Animal" means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish and shellfish.

4. " Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.

5. " Associate director" means the associate director of the environmental services division.

6. " Beneficial insects" means those insects that, during their life cycle, are effective pollinators of plants, are parasites or predators of pests or are otherwise beneficial.

7. " Defoliant" and " desiccant" means any substance or mixture of substances intended for killing or artificially accelerating the drying of plant tissues, with or without causing abscission.

8. " Device" means any instrument or contrivance intended for trapping insects, and includes any instrument or contrivance intended for destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi or weeds, or such other pests as may be designated by the director, but not including equipment used for the application of pesticides when sold separately therefrom.

9. " Distribute" means to offer for sale, hold for sale, sell or barter pesticides for use in this state.

10. " Division" means the environmental services division of the Arizona department of agriculture.

11. " Fungi" means all non-chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts, as, for example, rusts, smuts, mildews, molds and yeasts, except those on or in living humans or other animals.

12. " Inert ingredient" means an ingredient that is not an active ingredient.

13. " Ingredient statement" means a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide.

14. " Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, 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, centipedes and wood lice.

15. " 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 there is any, of the pesticide or device.

16. " 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 departments of agriculture 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.

17. " Misbranded" applies:

(a) To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients that is false or misleading in any particular.

(b) To any pesticide:

(i) If it is an imitation of, or is offered for sale under the name of, another pesticide.

(ii) If the labeling accompanying it does not contain directions for use that are necessary and, if complied with, adequate for the protection of the public.

(iii) If the label does not contain a warning or caution statement that may be necessary and, if complied with, adequate to prevent injury to living humans and other vertebrate animals.

(iv) 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 one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package that is presented or displayed under customary conditions of purchase.

(v) If any word, statement or other information required by or under the authority of this article to appear on the 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.

(vi) If used as directed or in accordance with commonly recognized practice, it is injurious to living humans or other vertebrate animals or vegetation, other than the pest to which it is applied, or to the person applying such pesticide.

18. " Nematode" means invertebrate animals of the phylum nemathelminthes and class nematode, including unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants or plant parts.

19. " Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not.

20. " Pest" means:

(a) Any weed, insect, vertebrate pest, nematode, fungus, virus, bacterium or other pathogenic organisms.

(b) Any other form of terrestrial or aquatic plant or animal life, except virus, bacterium or other microorganism on or in living humans or other living animals, which the director declares to be a pest for the purpose of enforcement of this article.

21. " Pesticide" means:

(a) Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.

(b) Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

22. " 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 does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.

23. " Registrant" means the person registering any pesticide pursuant to this article.

24. " Weed" means any plant that grows where it is not wanted.