94.67(5)(b)
(b) “Commercial application business" does not include a veterinary clinic that uses or directs the use of a pesticide if the pesticide is used or directed to be used only by a veterinarian or veterinary technician while lawfully practicing within the scope of his or her license or certificate.
94.67(6)
(6) “Commercial applicator" means a person, whether or not a private applicator with respect to some uses, who uses or directs the use of any pesticide, either directly or through an employee, for any purpose or on any property other than as a private applicator. “Commercial applicator" does not include:
94.67(6)(a)
(a) A person who applies a pesticide, other than a restricted-use pesticide, solely for household purposes in and around the person's residence.
94.67(6)(b)
(b) A person who contracts with a commercial applicator for hire to apply a pesticide for the person, if the person does not otherwise use or direct the use of a pesticide as a commercial applicator.
94.67(6)(c)
(c) A veterinarian or veterinary technician who uses or directs the use of a pesticide only while lawfully practicing within the scope of his or her license or certificate.
94.67(7)
(7) “Commercial applicator for hire" means a commercial applicator who uses or directs the use of a pesticide as an independent contractor for hire, either directly or through an employee. “Commercial applicator for hire" does not include a provider of janitorial, cleaning or sanitizing services if the provider of the services uses no pesticides other than sanitizers, disinfectants and germicides, or a veterinarian or veterinary technician who uses a pesticide only while lawfully practicing within the scope of his or her license or certificate.
94.67(8)
(8) “Dealer" means a person engaged in the sale of pesticides to consumers.
94.67(9)
(9) “Defoliant" means any pesticide labeled, designed or intended for use in causing the leaves or foliage to drop from a plant with or without causing abscission.
94.67(10)
(10) “Desiccant" means a pesticide labeled, designed or intended for use in artificially accelerating the drying of plant tissue.
94.67(10m)
(10m) “Directs the use" means to select a pesticide for use by another person or to instruct or control the application of a pesticide by another person and to be available if and when needed during that application. “Directs the use" may, but does not necessarily, mean to be physically present at the time and place a pesticide is being applied.
94.67(11)
(11) “Distributor" means a person engaged in the sale of pesticides for resale and includes a person who sells at wholesale or retail.
94.67(12)
(12) “Environment" includes water, air, land and all plants and persons and other animals living in or on the water, air or land and the interrelationships which exist among them.
94.67(13)
(13) “Federal act" means the federal insecticide, fungicide, and rodenticide act, as amended (
7 USC 136 et. seq.) and regulations issued under that act.
94.67(14)
(14) “Fungus" means any non-chlorophyll-bearing plant of a lower order than mosses and liverworts (thallophyte), including but not limited to rusts, smuts, mildews, molds and yeasts except those on or in persons or other animals and those on or in processed food, beverages or pharmaceuticals.
94.67(15m)(a)(a) “Individual commercial applicator" means a natural person who does any of the following:
94.67(15m)(a)1.
1. Personally uses or directs the use of any pesticide as a commercial applicator for hire, or as an employee of a commercial applicator for hire. This subdivision does not apply to a person performing janitorial, cleaning or sanitizing services if the person uses no pesticides other than sanitizers, disinfectants and germicides.
94.67(15m)(a)2.
2. Personally uses a restricted-use pesticide as a commercial applicator.
94.67(15m)(b)
(b) “Individual commercial applicator" does not include a veterinarian or veterinary technician who uses or directs the use of a pesticide only while lawfully practicing within the scope of his or her license or certificate.
94.67(15r)
(15r) “Industrial hemp” means the plant Cannabis sativa, or any part of the plant including the seeds, having a delta-9-tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater.
94.67(16)
(16) “Inert ingredient" means an ingredient which is not an active ingredient.
94.67(17)
(17) “Ingredient statement" means a statement which contains the name and percentage of each active ingredient and the total percentage of all inert ingredients in the pesticide; and if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elementary arsenic.
94.67(18)
(18) “Insect" means any of the numerous small invertebrate animals generally having the body segmented, usually belonging to the class insecta, comprising 6-legged, usually winged forms, including but not limited to beetles, bugs, bees and flies and other allied classes of arthropods whose members are wingless and usually have more than 6 legs, including but not limited to spiders, mites, ticks, centipedes and wood lice.
94.67(19)
(19) “Label" means the written, printed, or graphic matter on, or attached to, the pesticide or any of its containers or wrappers.
94.67(20)
(20) “Labeler" means a person who affixes his or her label to the pesticide or any of its containers or labeling.
94.67(21)
(21) “Labeling" means all labels and all other written, printed or graphic matter accompanying the pesticide at any time or the matter to which reference is made on the label or in literature accompanying the pesticide, except current official publications of state agricultural colleges, experiment stations and extension services or any other state or federal agency authorized by law to conduct research in the field of pesticides.
94.67(22)
(22) “Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, consisting of unsegmented worms with elongated fusiform or saclike bodies covered with cuticle and inhabiting soil, water, plants or plant parts. Nematodes may also be called nemas or eelworms.