§ 128b.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.21—111.61).
Agricultural commodities—Agricultural, horticultural, viticultural and dairy products, livestock and the products thereof, ranch raised fur bearing animals and the products thereof, the products of poultry and bee raising, forestry and forestry products, and products raised or produced on farms intended for human consumption and the processed or manufactured products thereof intended for human consumption, transported or intended to be transported in commerce.
Applicant—A person who owns, holds or possesses pesticides within a participating county and who has filed a Program preregistration application form with the Department.
Central-site pesticide collection—The collection by a contractor of a portion of the pesticide inventory of a participating county from a site to which two or more participants have transported their pesticides for collection.
Certified applicator—An individual who is certified by the Department under section 16.1, 17 or 17.1 of the act (3 P. S. § § 111.36a, 111.37 and 111.37a) as being competent to use or supervise the use or application of a pesticide.
Commercial applicator—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 pesticide on the property or premises of another, or on easements granted under State law, or an applicator who uses or supervises the use of a restricted use pesticide on property owned or rented by him or his employer, when not for purposes of producing an agricultural commodity. The Secretary may deem certain types of applicators using a pesticide on their own property or that of their employers as commercial applicators.
Contractor—A person engaged in the business of collecting, packing, transporting and disposing of hazardous waste, who is contractually obligated, through the Program, to collect, pack, transport and dispose of the pesticide inventory of a participating county.
Department—The Department of Agriculture of the Commonwealth.
Emergency situation—An unforeseen or unexpected circumstance involving pesticides that requires immediate action to protect the public health, safety, environment, or general welfare in this Commonwealth.
EPA—The Environmental Protection Agency of the United States.
Onsite pesticide collection—The collection by a contractor of a portion of the pesticide inventory of a participating county from the site, usually a farm, at which it is stored by a participant.
Participating county—A county designated by the Department to participate in the CHEMSWEEP Program.
Participant—An applicant whose application has been accepted by the Department and whose pesticides are the subject of a disposal contract between the Department and a contractor.
Person—Any individual, partnership, association, corporation or any organized group of persons whether incorporated or not.
Pesticide—A substance or mixture of substances intended for preventing, destroying, repelling or mitigating a pest, and a substance or mixture of substances intended for use as a plant regulatory, defoliant or desiccant.
Pesticide dealer—A person who distributes or offers for sale pesticides which are classified for restricted use under the act.
Pesticide inventory—The compilation of information with respect to the identification, quantification and safety of pesticides held by a participant within a particular participating county.
Private applicator—A certified applicator who uses or supervises the use of a pesticide which is classified for restricted use for purposes of producing an agricultural commodity on property owned or rented by the applicator or the applicator’s employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.
Program—The CHEMSWEEP Pesticide Disposal Program.
Secretary—The Secretary of the Department.
USDA—The United States Department of Agriculture.
Authority The provisions of this § 128b.2 amended under section 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
Source The provisions of this § 128b.2 amended June 30, 2006, effective July 1, 2006, 36 Pa.B. 3231. Immediately preceding text appears at serial pages (279356) to (279357).
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