Compilation of Rules and Regulations of the State of Georgia
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE
Chapter 40-11 - ECONOMIC POISONS
Subject 40-11-2 - DEFINITIONS
Rule 40-11-2-.02 - Terms Defined

Universal Citation: GA Rules and Regs r 40-11-2-.02

Current through Rules and Regulations filed through September 23, 2024

Terms used in these regulations shall have the meanings set forth for such terms in the Act. In addition, as used in these Regulations, the following terms shall have the meaning stated below:

(1) Act - means the Georgia Pesticide Control Act of 1976.

(2) Active Ingredient - means:

(a) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel or mitigate any pest;

(b) In the case of a plant regulator, an ingredient which through physiological or biochemical action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or products thereof;

(c) In the case of defoliant, an ingredient which will cause the leaves of foliage to drop from a plant;

(d) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue;

(e) Any other ingredient, which the Commissioner may designate, if, in his opinion, it sufficiently increases the effectiveness of a pesticide to warrant such action.

(3) Acute Dermal LD50 - means a statistically derived estimate of the single dermal dose of a substance that would cause 50% mortality to the test population under specific conditions.

(4) Acute LC50 - means a statistically derived estimate of the concentration of a substance that would cause 50% mortality to the population under specific conditions.

(5) Acute Oral LD50 - means a statistically derived estimate of the single oral does of a substance that would cause 50% mortality to the test population under specific conditions.

(6) Biological Control Agent - means any living organism applied to or introduced into the environment that is intended to function as a pesticide against another organism declared to be a pest by the Administrator.

(7) Changed Use Pattern - means a significant change from a use pattern approved in connection with the registration of a pesticide product. Examples of significant changes include, but are not limited to, changes from nonfood to food use, outdoor to indoor use, ground to aerial application, terrestrial to aquatic use, and non-domestic to domestic use.

(8) Commissioner - means the Commissioner of Agriculture of the State of Georgia or any employee of the Department to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead.

(9) Degradation product - means a substance resulting from the transformation of a pesticide by physical, chemical or biochemical means.

(10) Department - means the Georgia Department of Agriculture.

(11) Domestic Application - means application of a pesticide directly to humans or pets, or application of a pesticide in, on or around all structures, vehicles or areas associated with the household or home life, patient care areas of health related institutions, or areas where children spend time including but not limited to:

(a) Gardens, non-commercial greenhouses, yards, patios, houses, pleasure marine craft, mobile homes, campers and recreational vehicles, noncommercial campsites, home swimming pools and kennel;

(b) Articles, objects, devices or surfaces handled or contacted by humans or pets in all structures, vehicles or areas listed above;

(c) Patient care areas of nursing homes, mental institutions, hospitals, and convalescent homes;

(d) Educations, lounging and recreational areas of preschools, nurseries and day camps.

(12) Drift - means movement of a pesticide during or immediately after application or use, through air, to a site other than the intended site of application or use.

(13) Efficacy - means the capacity of a pesticide product when used according to label directions to control, kill, or induce the desired action in the target pest.

(14) Final printed labeling - means the printed label and the labeling which will appear on or will accompany the pesticide product, but does not include the packaging unless the labeling is an integral part of the package.

(15) Front panel - means that portion of the label of a pesticide product that is ordinarily visible to the purchaser under the usual conditions of display for sale.

(16) Hazard - means the likelihood that use of a pesticide would result in an adverse effect on man or the environment in a given situation.

(17) Immediate container - means that container which is directly in contact with the pesticide.

(18) Inert ingredients - means all ingredients which are not active ingredients as defined above and includes, but is not limited to the following types of ingredients (except when they have pesticidal efficacy of their own): Solvents such as water, baits such as sugar; starches and meat scraps; dust carriers such as talc and clay; fillers; wetting and spreading agents; propellants in aerosol dispensers; emulsifiers, and any other substance listed as an inert ingredient.

(19) Inhalation LC50 - means a concentration of a statistically derived estimate of the concentration of a substance that would cause 50% mortality to the test population under specific conditions.

(20) Institutional Use - means any application of a pesticide in or around any property or facility that functions to provide a service to the general public or to public or private organizations, including but not limited to:

(a) hospitals and nursing homes;

(b) Schools other than preschools and daycare facilities;

(c) Museums and libraries;

(d) Sports facilities; and

(e) Office buildings.

(21) Leach - means to undergo the process by which pesticides in the soil are moved into a lower layer of soil or are dissolved and carried through soil by water.

(22) Manufacturing - means any pesticide product which is not an industrial use product.

(23) Metabolite - means any substance biologically or chemically derived from a pesticide.

(24) Move laterally in soils - means to undergo transfer through soil generally in a horizontal plane from the original site of application or use by physical, chemical, or biological means.

(25) Mutagenic - means the property of a substance or mixture of substances to induce changes in the genetic complement of either somatic or germinal tissue in subsequent generations.

(26) New Use - when used with respect to a product containing a particular active ingredient means:

(a) Any proposed use pattern that would require the establishment of, the increase in, or the exemption from the requirement of, a tolerance or food additive regulation under section 408 or 409 of the Federal Food, Drug and Cosmetic Act;

(b) Any aquatic, terrestrial, outdoor, or forestry use pattern, if no product containing the active ingredient is currently registered for that use pattern; or

(c) Any additional use pattern that would result in a significant increase in the level of exposure, or a change in the route of exposure of man or other organisms to the active ingredient.

(27) Nontarget Organisms - means those flora and fauna (including man) that are not intended to be controlled, injured, killed or detrimentally affected in any way by a pesticide.

(28) Oncogenic - means the property of a substance or a mixture of substances to produce or induce benign or malignant tumor formations in living animals.

(29) Outdoor application - means any pesticide application or use that occurs outside enclosed man-made structures or the consequences of which extend beyond enclosed man-made structures including, but not limited to, pulp and paper mill water treatments and industrial cooling water treatments.

(30) Operated by the same producer - means another registered establishment owned or under control of the registrant of the pesticide product but does not include establishments owned or operated by different persons regardless of contractual agreements between the persons.

(31) Pest - means any insect, rodent, nematode, fungus, weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals), which the EPA Administrator declares to be a pest under Section 25(c)(1) of FIFRA or which the Commissioner declares to be a pest under Section 10(1)(a) of this Act.

(32) Pesticide - means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant other than any article which:

(a) is a new animal drug under FFDCA sec. 201(w);

(b) is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug; or

(c) is an animal feed under FFDCA sec. 201(x) that bears or contains any substances described by paragraph s(1) or (2) of this section.

(33) Pesticide Product - means a pesticide in the particular form (including container, packaging and labeling) in which the pesticide is or is intended to be distributed or sold.

(34) Propellant - means a gas or volatile liquid used in a pressurized pesticide product for the purpose of expelling the contents of the container.

(35) Reentry - means the action of entering an area or site at, in, or on which a pesticide has been applied.

(36) Residential Use - means use of a pesticide directly:

(a) on humans or pets;

(b) In, on, or around any structure, vehicle, article, surface, or area associated with the household, including but not limited to areas such as nonagricultural outbuildings, non-commercial greenhouses, pleasure boats and recreational vehicles; or

(c) In any preschool or daycare facility.

(37) Residue - means the active ingredient(s), metabolite(s), or degradation product(s) that can be detected in the crops, soil, water or other component of the environment, including man, following the use of the pesticide.

(38) Subacute dietary LC50 - means a concentration of a substance that would cause a 50% mortality in the test population under a specific condition.

(39) Teratogenic - means the property of a substance or mixture of substances to produce or induce functional deviations or developmental anomalies, not heritable, in or on an animal embryo or fetus.

(40) Toxicity - means the property of a substance or mixture of substances to cause any adverse effect.

(a) Acute toxicity - means toxicity based or resulting from a single short term exposure.

(b) Subacute toxicity - means toxicity based on repeated or continuous exposure within less than 1/2 the lifespan of that organism.

(c) Chronic toxicity - means toxicity based on repeated on continuous exposure over a period of at least 1/2 the life span of that organism.

(41) Use - means any act of handling or releasing of a pesticide, or exposure of man or the environment to a pesticide through acts, including but not limited to:

(a) Application including mixing and loading and any required supervisory action in or near the area of application.

(b) Storage actions for pesticides and pesticide containers.

(c) Disposal action for pesticides and pesticide containers.

(42) Use Dilution - means a dilution specified on the label or labeling which produces the concentration of the pesticide for a particular purpose or effect.

(43) Use inconsistent with the labeling - means to use a pesticide in a manner not permitted on its labeling but shall not include:

1. Applying the pesticide at any dosage, concentration or frequency less than that specified on the labeling when the labeling specifies otherwise.

2. Applying the pesticide against any target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling unless the Commissioner has determined that use of the pesticide against other pests would cause unreasonable adverse effects on the environment and has required that the labeling state that the pesticide may be used only for the pests specified on the labeling.

3. Employing any method of application not prohibited by the labeling.

4. Mixing a pesticide(s) with a fertilizer when such mixture is not prohibited by the labeling.

5. Use of a pesticide in conformance with an Experimental Use Permit or an Emergency Exemption under Section 18, FIFRA, or

6. Any use of a pesticide which the Commissioner determines to be in conformance with the Act.

(44) Use Pattern - means the manner in which a pesticide is applied and includes the following parameters of pesticide application.

(a) Target pest;

(b) Crop or animals treated;

(c) Application site;

(d) Application technique, rate and frequency.

(45) Volatility - means the property of a substance(s) to convert into vapor or gas without chemical change.

O.C.G.A. Sec. 2-2-9et seq.

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