Compilation of Rules and Regulations of the State of Georgia
Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION
Chapter 620-2 - GENERAL
Rule 620-2-.01 - Definitions

(a) Act--means the Structural Pest Control Act (Ga. L. 1955, p. 564 and all amendments thereto).

(b) Active infestation of termites-means any infestation of termites that is capable of continued attack on a structure.

(c) Adjacent outside areas--means outside areas contiguous to the structure(s) being treated.

(d) Alternate application technique--means an alternate method of application of termiticide which has been approved by the Commission; and has efficacy data supporting the use of such application technique reviewed and accepted by the Commission; and which is used in a manner consistent with the label and labeling of the termiticide being applied. The Commission, at its discretion, may accept, reject, cancel, suspend or modify any application, at any time, for approval as an alternate application technique.

(e) Applicant--means any person, firm, corporation or other business entity making application to engage in any operations or to become certified or registered under the provision of the Act.

(f) Bait and Baiting System--means any substance or mixture of substances and devices used for delivery of the substance(s) used as an attractant or food source for the purpose of controlling targeted pests consistent with the product's label and labeling directions.

(g) Bond--means a written instrument issued or executed by a bonding, surety, or insurance company licensed to do business in this State, or otherwise approved by the Commission, guaranteeing the fulfillment of the agreement between the licensee or business entity and his customer. It is a Surety Bond issued by a third party and does not include any warranty or guaranty only between the licensee and the customer.

(h) Computer Based Training - means any prerecorded or static presentation or session where there is no real time interaction with the speaker.

(i) Cellulosic Material--means any material containing cellulose found in a crawl space that could reasonably be expected to support or contribute to an infestation of termites.

(j) Certified Operator--means any person who has been determined competent to use or supervise the use of pesticides, including restricted use pesticides or pesticides with State restricted uses as defined in this Act in the category(ies) of Structural Pest Control in which he is currently certified.

(k) Commission--means the Structural Pest Control Commission.

(l) Commissioner--means the Commissioner of Agriculture of the Georgia Department of Agriculture.

(m) Designated Certified Operator--means a person who is currently certified in one or more of the Structural Pest Control categories and who has been designated by a Licensee as being responsible for the pest control and reporting activities of said Licensee in the category(ies) in which he is certified.

(n) Device--means any piece of equipment of any form designed for the control of any pest when used in strict accordance with the device's label and labeling directions.

(o) Employee--means any person employed by a Licensee who is engaged in any phase of pest control. It does not include clerical, janitorial or other employees performing work unrelated to the actual evaluation or control of pest problems.

(p) Enforcement Agency--means the Georgia Department of Agriculture.

(q) Experience Relating to Service--means experience involving the inspection, application or direct supervision of the application of measures to control pests in each of the categories of Structural Pest Control.

(r) Fumigant--means any substance or combination of substances which emits or liberates a gas, fume, or vapor and which is applied for the purpose of destroying insects, rodents or other pests in Structural Pest Control.

(s) Household Pest Control--means the use of any pesticide or device to control pests, including birds, that commonly enter structures, nest on or in structures, or invade structures. It does not include the control of mammals with the exception of commensal rodents and squirrels.

(t) Insecticide--means any substance or mixture of substances applied for the purpose of destroying or controlling insects or related pests.

(u) Labeling--means the written, printed or graphic matter on, attached to, or accompanying the pesticide or device, as well as any such material to which reference is made on the label or other written matter accompanying the pesticide or device.

(v) Licensee--means a business entity which holds a valid license to engage in the business of Structural Pest Control, subject to the provisions of the Act, provided; no licensee shall operate under more than one name, and a separate license shall be required for each different name under which a business entity operates. The Commission may reject a name, if in its opinion, it is likely to be confused with a previously issued licensee name or if it would be in violation of any state or federal requirements.

(w) Non-Repellent Pesticide--means a type of pesticide that does not limit or restrict the movement of targeted pests through a treated area or does not deter the targeted pest from consuming a bait containing the pesticide.

(x) Office--means any office of a Licensee which has one or more registered employees regularly engaged in any phase of Structural Pest Control under the charge of a Designated Certified Operator.

(y) Partial Treatment--means the application of a pesticide and/or device, for the control of wood destroying organisms, to a limited and defined area of a structure. Such application may be made in conjunction with other approved control procedures. Such application shall be made at the volumes and concentrations specified on the products label and labeling.

(z) Pesticide--for the purpose of this Act, the term "pesticide" shall be limited to: attractants, fumigants, fungicides, insecticides, repellents and rodenticides.

(aa) Reasonable Amount of Time--means the production of records required to be kept or kept in the normal course of business within 48 hours when requested by the Commission, Commissioner or the authorized representative of the Commissioner. However, in cases of accidental poisonings of humans or domestic animals or in cases of environmental contamination, the requested records may be required to be produced immediately.

(ab) Registered Employee--means any employee, at least eighteen (18) years of age, registered under the provisions of the Act.

(ac) Repellent--means any substance which may or may not be toxic to pests, but is generally employed for the purpose of preventing the entrance or attack of pests.

(ad) Restricted Use Pesticide--means any pesticide as defined in this rule whose label bears one or more uses which have been classified as restricted by the Administrator of EPA or any use of a pesticide which, when used in accordance with the label or widespread and common practice, the Commissioner determines, after hearing, requires additional restrictions to protect the environment, including man, lands, beneficial insects, and any animal, crop or wildlife which is not a pest.

(ae) Retreatment For Termite Control--means the complete retreatment or partial treatment, at the required concentrations and volumes of termiticide to the minimum standards specified in Rule 620-6, of all areas of at least ten (10) feet in either direction from the point of any and all areas of termite reinfestation except as defined in Rule 620-6-.07(5).

(af) Rodenticide--means any substance used to destroy or control rodents.

(ag) School--means any school, public or private, or licensed child daycare center. A school does not include colleges, universities, home schools, trade or adult education facilities.

(ah) Secretary--means the Commissioner of Agriculture of the State of Georgia.

(ai) Service container--means any container used to hold, store, or transport a pesticide concentrate or a pesticide use-dilution mixture, other than the original labeled container in which the product was distributed or sold, the measuring device, or the application device.

(aj) Structural Pest Control--means the control of household pests and wood destroying organisms including the making of inspections, the identification of pest infestations or infections, the application of pesticides or other substances and the use of mechanical devices or structural modifications for the purpose of preventing, controlling or eradicating pests in household structures, commercial buildings and other structures, including adjacent outside areas, as well as all phases of structural fumigation and the fumigation of railroad cars, trucks, ships and airplanes.

(ak) Sub-office--means any office of a licensee having only one (1) registered employee who is under the charge of a Designated Certified Operator in a licensed office.

(al) Telephone Answering Service--means any office of a licensee having no registered employee.

(am) Under the Direct Supervision of--unless otherwise prescribed by its labeling or regulations of the Commissioner, a pesticide shall be considered to be applied under the direct supervision of a Certified Operator if it is applied by a competent person acting under the instructions and control of a Certified Operator who is available within a reasonable time through conventional means of communication, if and when needed, even though the Certified Operator is not physically present at the time and place the pesticide is applied.