Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators
Section 10.02 - Definitions

For the purposes of 333 CMR 10.00, the definitions set forth in 333 CMR 13.00: Standards for Application apply, unless the context or subject matter requires a different interpretation.

Certified Pesticide Applicator - an individual who is certified by the Department under the provisions of M.G.L. c. 132B, § 10 and authorized to use or supervise the use of any pesticide which is classified by the Department as being for restricted use.

Contamination and Pollution - mean the presence in the environment (air, land, water or food) of one or more pesticides, degradation products of pesticides or formulation constituents or combinations thereof in such concentration and of such duration as to cause an unreasonable adverse effect on the environment as determined by the Department.

Damage and Injury - as used in 333 CMR 10.00, shall mean to cause an unreasonable adverse effect on the environment.

Department - the Department of Agricultural Resources.

General Use Pesticide - a pesticide that can be purchased by any individual and applied without any license, permit, or certification, subject to any other restrictions set forth in M.G.L. c. 132B.

Protected Areas - for the purposes of 333 CMR 10.03(32), shall be defined as:

(a) any residential, commercial, municipal, hospital, school and other buildings where people gather and the area 100 feet surrounding these structures provided that such defines Protected Areas shall not exceed the property line;

(b) developed recreation areas open to public accommodation, including developed public or commercial campgrounds, developed picnic areas, developed park and recreation facilities, playgrounds, school bus stops, and other areas developed for organized recreation.

Restricted Use Pesticide - a pesticide which, when used in accordance with directions for use, warnings and cautions and for the use for which it is registered, or for one or more such uses, may cause, without additional restriction, unreasonable adverse effects on the environment, including injury to the applicator. This classification also includes all pesticides that are registered by the United States Environmental Protection Agency (EPA) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), that are classified as restricted, and those pesticides that are individually reviewed and classified as such by the Pesticide Board Subcommittee.

State Limited Use Pesticide - a restricted use pesticide that is also registered by the Pesticide Board Subcommittee with additional restrictions that:

(a) is restricted to certain individuals or groups;

(b) requires permission from the Department prior to each use; or

(c) requires further restriction, in any other manner.

Supervising Certified Applicator - an individual certified by the Department under M.G.L. c. 132B, § 10 who supervises the use of any pesticide classified as restricted use and meets the requirements for direct supervision of a non-certified applicator set forth in 333 CMR 10.07.

Use of a Pesticide - shall mean any act of handling a pesticide, releasing of a pesticide, or exposing of man or woman or the environment to a pesticide, including, but not limited to:

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

(b) Storage actions relative to pesticides and pesticide containers carried out or supervised by an applicator.

(c) Disposal actions relative to pesticides and pesticide containers carried out or supervised by an applicator.

(d) Transportation actions relative to pesticides and pesticide containers except those by carriers and dealers.