Alabama Administrative Code
Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES
AGRICULTURAL CHEMISTRY
Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT
Section 80-1-14-.02 - Definitions

(1) Application equipment: the entire mechanism required to dispense pesticides but shall not include the mechanism of the carrying vehicle.

(2) Applicant: any individual, firm, partnership, corporation, association or other legal entity or organization making application for a license to engage in the business of custom application of pesticides as defined under provisions of this Act.

(3) Agricultural Aircraft Operation: the operation of an aircraft for the purpose of dispensing any pesticide directly affecting agriculture, horticulture, forest preservation, or for any other pest control operation.

(4) Adverse Effect: personal injury, damage to personal property, damage to real property, damage to the environment or any combination of these.

(5) Drift: the drifting or movement of a pesticide by air currents or diffusion onto property beyond the boundaries of the target area to be treated with pesticide.

(6) Emergency: an occurrence which can impair public health, safety or result in injury, damage, or loss of life and which calls for immediate action. An emergency may be minor or of such magnitude as to create a disaster.

(7) Environment: water, air, land and all plants and man and other animals living therein and the interrelationships which exist among these.

(8) Pilot: the person in control of the aircraft during the application of a pesticide.

(9) Target Area: intended site of pesticide application.

(10) Calibration of Equipment: adjustment of application equipment in order to control the rate of dispersal and droplet or particle size of a pesticide dispersed by the equipment.

(11) Competent: proficiency in the performance of the particular functions associated with pesticide application, the degree of competence being directly related to the nature of the activity and the associated responsibility.

(12) Direct Supervision: the act or process whereby the application of a pesticide is made by a competent person acting under the restrictions and control of a Supervisor who is available if and when needed, even though such Supervisor is not physically present at the time and place the pesticide is applied.

(13) Decal: an identification symbol to be affixed to equipment used in custom pesticide operation(s) signifying that requirements of law have been met.

(14) Full-Time Employee: any person employed full time by a licensee with the exception of clerical, janitorial, office maintenance employees or those employees performing work completely disassociated with the custom application of pesticides.

(15) Hazard: a probability that a given pesticide or the use of a pesticide will have adverse effects on man or the environment in a given situation, the relative likelihood of danger or ill effects being dependent on a number of interrelated factors present at any given time.

(16) Label: the written, printed, or graphic matter on, or attached to the pesticide or immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide.

(17) Licensee: any individual, firm, partnership, corporation, association, or other legal entity or organization which holds a valid license issued under the provisions of this Act to engage in the business of custom application of pesticides.

(18) License: a document issued by the Commissioner authorizing the practice of custom application of pesticide(s) utilizing the equipment indicated thereon.

(19) Supervisor: an individual who is permitted by the Commissioner to recommend the use of, use, or supervise the use of pesticides for persons engaged in the custom application of pesticides.

(20) Non-Target Organisms: an organism exposed or potentially exposed to a pesticide other than the pest(s) the applicator intends to control.

(21) Place of Business: any location in Alabama where licensee maintains records, receives orders, holds financial transactions and generally engages in business activities. A Place of Business may or may not be identified by street address.

(22) Pesticide Management Area: an area designated by the Commissioner with approval of the Board, in which commercial pesticide application shall be prohibited or limited as to pesticide(s) and/or method(s) of application.

(23) Pesticide Overspray: the application of a pesticide onto property beyond the boundaries of the target area which is caused by the failure to control the direct flow of the pesticide or by a failure to control the application equipment in surrounding conditions of use and application in a manner which fails to confine the pesticide to the target area.

Author: Marise Mims Sandidge