Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 2.00 - General Information
Section 2.03 - Rules of General Applicability

(a) Certified Applicator. An individual who is certified as authorized to use or supervise the use of any pesticide which is classified by the Department as being for restricted or state limited use.

(b) Private Applicator. A certified applicator who uses or supervises the use of any pesticide which is classified by the Department as being for restricted or state limited use for purposes of producing any agricultural commodity on property owned or rented by him or her or his or her employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

(c) Commercial Applicator. A certified applicator, whether or not he is a private applicator with respect to some users, who uses or supervises the use of any pesticide which is classified by the Department as being for restricted or state limited use for any purpose or on any land other than as provided in the preceding paragraph.

(d) Licensed Applicator. An individual who is licensed as authorized to be present while pesticides classified by the Department as being for restricted use are being applied under the direct supervision of a certified applicator, or to use or to be present to supervise the use on land of another for hire any pesticide classified by the Department as being for general use.

Beneficial Insects. Insects which, during their life cycle, are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial.

Board. The Massachusetts Pesticide Board.

Commissioner. The Commissioner of the Department of Agricultural Resources.

Defoliant. A substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission.

Department. The Department of Agricultural Resources.

Desiccant. A substance or mixture of substances intended to artificially accelerate the drying of plant tissue.

Device. An instrument or contrivance, other than a firearm, intended to hold or dispense a pesticide or attractant other than food and used in conjunction with a pesticide, the purpose of which is to trap, destroy, repel, or mitigate any pest or any other form of plant or animal life, other than man and other than bacteria, virus, or other micro-organism on or in living man or other living animal, but not including equipment used for the application of pesticides when sold separately therefrom.

Director. The Pesticides Program Director.

Distribution or Distribute. To offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive.

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

Federally Registered Pesticide. A pesticide which is registered pursuant to FIFRA.

FIFRA. The Federal Insecticide, Fungicide, and Rodenticide Act, Public Law 92-516, as amended.

Fungi or Fungus. Non-chlorophyll-bearing thallophytes of a lower order than mosses and liver-worts, as for example, rusts, smuts, mildews, molds, yeasts, and bacteria except those on or in living man or other animals, and except those in or on processed food, beverages or pharmaceuticals.

Imminent Hazard. A situation in which the continued use of a pesticide would result in unreasonable adverse effects on the environment.

Inert Ingredient. An ingredient which is not active.

Insect. A small invertebrate animal generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example, moths, beetles, bugs, bees, flies, and their immature stages, and to other allied classes of anthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, millipedes, and wood lice.

Label. The written, printed, or graphic matter, on or attached to, the pesticide or device or any of its containers or wrappers.

Labeling. All labels and all other written, printed or graphic matter accompanying the pesticide or device at any time, or to which reference is made on the label or in literature accompanying the pesticide or device, but shall not include publications of the United States Environmental Protection Agency, the United States Department of Agriculture, or Interior, or Health, Education and Welfare, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research or disseminate information in the field of pesticides, except as otherwise provided by regulation of the Department.

Land. Land and water areas including soil, subsoil, airspace, and structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile.

Licensed Pesticide Dealer. A person who distributes pesticides classified by the Department as being for restricted use or pesticides whose uses or distribution are further restricted by regulations adopted by the Department with the approval of the Board.

Massachusetts Pesticide Control Act. M.G.L. c. 132B.

(a) in the case of pesticide or device, if the labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(b) in the case of pesticide or device, if it is an imitation of, or is offered for sale under the name of, another pesticide or device;

(c) in the case of pesticide or device, if any word, statement, or other information required by or under authority of FIFRA or the Massachusetts Pesticide Control Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(d) in the case of a pesticide, if it is contained in a package or other container or wrapping which does not conform to standards established pursuant to FIFRA or MPCA;

(e) in the case of a pesticide, if it does not contain a label bearing the registration number assigned under FIFRA to each establishment in which it was produced;

(f) in the case of a pesticide, if the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under FIFRA or 333 CMR 2.00, is adequate to protect health and the environment;

(g) in the case of a pesticide, if its label does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed under FIFRA or MPCA, is adequate to protect health and the environment;

(h) in the case of a pesticide, if its label does not bear an ingredient statement on that part of the immediate container, and on the outside container or wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or displayed under customary conditions or purchase, except that a pesticide is not misbranded if the administrator has permitted the ingredient statement to be placed on another part of the container pursuant to FIFRA;

(i) in the case of a pesticide, if its labeling does not contain a statement of the use classification under which it is registered;

(j) in the case of a pesticide, if there is not affixed to its container, and the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing the name and address of the producer, registrant, or person for whom the pesticide is produced; the name, brand, or trademark under which the pesticide is distributed; the new weight or measure of the content, as required by the Administrator; and the registration number assigned to the pesticide by said Administrator pursuant to FIFRA;

(k) in the case of a pesticide containing any substance or substances in quantities highly toxic to man, unless the label shall bear, in addition to any other matter required by FIFRA or the MPCA the skull and crossbones; the word "POISON" prominently in red on a background of distinctly contrasting color; and a statement of practical treatment, first aid or otherwise, in case of poisoning by the pesticide; and

(l) in the case of a pesticide, if its container does not bear a label, as required by the Department pursuant to 333 CMR 2.00.

Nematode. Invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water plants or plant parts. Nematodes may also be referred to as nemas or eel-worms.

Person. An individual, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth of Massachusetts or its political subdivision, administrative agencies, public or quasi-public corporation or body, or any other legal entity or its legal representatives, agent or assign, or a group of persons.

Pest. An insect, rodent, nematode, fungus, wood, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or other micro-organisms, except viruses, bacteria or other micro-organisms on or in living man or other living animal, which is declared to be a pest by the Administrator or by the Department with the approval of the Board.

Pesticide. A substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; provided that Pesticide shall not include any article that is a "new animal drug" within the meaning of section 201(w) of the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 321(w)], or that has been determined by the Secretary of the United States Department of Health, Education and Welfare not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x) of such act [21 U.S.C. § 321(x)].

Plant Regulator. A substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or to otherwise alter the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, Plant Regulator shall not include any nutrient mixtures or soil amendments commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted package concentration.

Produce. To manufacture, prepare, compound, propagate, process or repackage any pesticide or device.

Producer. A person who manufactures, prepares, compounds, propagates, processes or repackages any pesticide or device.

Protect Health and the Environment or Protection of Health and Environment. Protection against any unreasonable adverse effects on the environment.

Receive. For the purposes of 333 CMR Receive as used in the definition of Distribution or Distribute, shall exclude the receipt of pesticides for end use or application.

Registrant. A person who has registered any pesticide pursuant to the provisions of 333 CMR

Subcommittee. The Pesticide Board Subcommittee.

To Use Any Registered Pesticide in a Manner Inconsistent With Its Labeling. To use any registered pesticide in a manner inconsistent with its labeling" means to use any registered pesticide in a manner not permitted by the labeling: provided, that the term shall not include: