Definitions

PURPOSE: This rule defines certain terms in Chapter 281, RSMo 1986, and defines terms in these rules. (1) Act—the Missouri Pesticide Use Act. (2) Agricultural commodity—any plant, fungus, or algae, or part thereof, or any animal or animal product produced or being produced by a person primarily for sale, consumption, propagation, or other use by man or animals. Producers of an agricultural commodity include farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, sod producers, or other comparable persons. (3) Direct supervision or supervise the use of—a process by which— (A) A noncertified applicator uses or determines the need for the use of a pesticide while acting under the control of a certified commercial applicator; or (B) A noncertified restricted use pesticide (RUP) applicator uses a restricted use pesticide while acting under the control of a certified noncommercial applicator or certified public operator; (C) Process requires, at a minimum, that— 1. The certified applicator must be certified in the category of use and is responsible for the actions of the noncertified applicator even though the certified applicator is not present during the process; 2. The certified applicator and noncertified applicator must work from the same physical location and be employed by the same entity; 3. While applying pesticides, the noncertified applicator shall have in their possession either a work order, job ticket, invoice, or similar document for that pesticide application. Each document shall include, at a minimum— A. The name and license number of the certified applicator; B. The name and, if applicable, license number of the noncertified applicator; and C. The name of the person requesting the pesticide application, the address or a brief description of the pesticide application location, and the application date; 4. The certified applicator must provide the noncertified applicator with a complete copy of the label and labeling for each pesticide to be used. The label and labeling must be in the possession of the noncertified applicator while using pesticides. The noncertified applicator shall follow all label and labeling directions; 5. When the label of a pesticide product requires that personal protective equipment be worn for mixing, loading, transferring, applying, or any other use activities, the certified applicator must ensure that the noncertified applicator has clean, label-required personal protective equipment in proper operating condition, and that the personal protective equipment is worn and used correctly for its intended purpose; 6. Before each day of use, the certified applicator must ensure equipment used by the noncertified applicator for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects on the applicator, other persons, or the environment; 7. The certified applicator shall be available by phone and, when needed, respond in person when the noncertified applicator is using pesticides; and 8. The certified applicator shall be at the pesticide use site when required by the pesticide label. (4) End user of a pesticide—that individual who uses a pesticide. (5) Forest—a concentration of trees and related vegetation in nonurban areas sparsely inhabited by and infrequently used by humans and characterized by natural terrain and drainage patterns. (6) Fumigant—a restricted use pesticide used in fumigation. (7) In the business of using pesticides—using, supervising the use of, determining the need for the use of, or supervising the determination of the need for the use of any pesticide on the lands of another as a service to the public in exchange for a fee or compensation. (8) Label—the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. (9) Labeling—all labels and 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. Official publications of the Environmental Protection Agency, the United States Departments of Agriculture, Interior, and 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 in the field of pesticides are not to be considered labeling. (10) Legal age—eighteen (18) years. Individuals who are sixteen (16) or seventeen (17) years of age and an immediate family member of a certified private applicator are eligible to obtain certification as a certified provisional private applicator. (11) Limited rodent fumigation—the use of calcium cyanide dust for rodent control, in accordance with the label or labeling, by applicators certified in the category of General Structural Pest Control, at a distance greater than ten feet (10') from any building or dwelling for the control of rodents associated with, or likely to be associated with, the building or dwelling. (12) Mishap—an event that adversely affects man or the environment and that is related to the use of or presence of a pesticide, whether the event was unexpected or intentional. (13) Noncertified applicator—any applicator not holding a valid license as a certified applicator, including pesticide technician trainees, pesticide technicians, or noncertified RUP applicators. (14) Non-cropland—any land on which agricultural crops have not been planted and will not be planted during the current growing year. (15) Ornamentals—trees, shrubs, and other plantings intended primarily for aesthetic purposes in and around habitations, including residences, parks, streets, retail outlets, industrial buildings, and institutional buildings. (16) Outlet—that site, location, place, vehicle, or personage (in the case of an individual who travels from place to place in the business of selling restricted use pesticides) at, or in which, or by whom, restricted use pesticides are sold at retail or otherwise made available to the end user. An outlet shall not necessarily be a site, location, place, or vehicle where restricted use pesticides are merely stored or where the purchaser takes physical possession of the restricted use pesticide after it has been purchased. (17) Personal protective equipment—devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including but not limited to coveralls, chemical-resistant suits, chemical-resistant gloves, chemicalresistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear. (18) Physical location—principal structure where a certified applicator conducts business that involves the use of pesticides. (19) Practical knowledge—the possession of pertinent facts and comprehension sufficient to properly perform functions associated with use of pesticides, including properly responding to reasonably foreseeable problems and situations. (20) Regulated pest—a specific organism determined by state or federal law to be a pest requiring regulatory restrictions, regulations, or control procedures in order to protect the host, man, or the environment. (21) Standards of competence—the level of knowledge needed for the safe and proper use of pesticides to be demonstrated by the applicator or operator as a basis for certification or licensing. (22) Structure—any edifice or building including the contents, any patio or terrace attached, and the land on which situated, plus any portion of land within the given proprietorship or any adjacent proprietorships which might constitute a potential harborage for pests which could affect the edifice or building or its contents, any portion of land upon which work has begun for the erection of an edifice or building, any wharf, dock, ship, boat, railroad siding, or refuse area, and any vehicle used as a common carrier. AUTHORITY: section 281.025, RSMo Supp. 2024.* Original rule filed May 12, 1976, effective Oct. 21, 1976. Amended: Filed Sept. 6, 1977, effective Dec. 11, 1977. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. Amended: Filed May 15, 2024, effective Jan. 1, 2025. *Original authority: 281.025, RSMo 1974, amended 1977, 1988, 1993, 1995, 2021.