N.Y. Environmental Conservation Law § 33-0101: Definitions

§ 33-0101. Definitions.

1. "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 insects, fungi, rodents, weeds, or other pests.

b. In the case of a plant regulator, an ingredient which, through

physiological action, will accelerate or retard the rate of growth or

rate of maturation or otherwise alter the behavior of ornamental or crop

plants or their produce.

c. In the case of a defoliant, an ingredient which will cause the

leaves or foliage to drop from a plant.

d. In the case of a desiccant, an ingredient which will artificially

accelerate the drying of plant tissue.

2. "Adulterated" shall apply to any pesticide if its strength or

purity falls below the professed standard or quality as expressed on

labeling or under which it is sold, or if any substance has been

substituted wholly or in part for the article, or if any valuable

constituent of the article has been wholly or in part abstracted.

3. "Affected area" means the area defined in a petition for the

protection of a grape growing area.

4. "Agency" means any state agency; municipal corporation; public

authority; college, as that term is defined in the education law;

railroad, as that term is defined in the railroad law; or telegraph,

telephone, telegraph and telephone, pipeline, gas, electric, or gas and

electric corporation as those terms are defined in the transportation

corporations law, which applies pesticides.

5. "Agricultural commodity" means any plant or part thereof, or

animal, or animal product, produced by a person (including farmers,

ranchers, vineyardists, plant propagators, Christmas tree growers,

aquaculturists, floriculturists, orchardists, foresters or other

comparable persons) primarily for sale, consumption, propagation or

other use by man or animals.

6. "Aircraft" means any contrivance now known, or hereafter invented,

used or designed for navigation of, or flight in, the air.

7. "Antidote" means the most practical immediate treatment in case of

poisoning and includes first-aid treatment.

8. "Application of pesticide" means any application of pesticides by

aircraft or ground equipment.

9. "Business registration" means the requirement of each person or

business providing services of commercial application of pesticides,

either entirely or as part of the business, to register with the

department.

10. "Certified applicator" means any individual who is certified to

use or supervise the use of any pesticide in any category of use covered

by his certification.

11. "Commercial application" means any application of any pesticide

except as defined in private or residential application of pesticides.

12. "Defoliant" means any substance or mixture of substances intended

for causing the leaves or foliage to drop from a plant, with or without

causing abscission.

13. "Degradation" means the decomposition of a compound by stages,

exhibiting well-defined intermediate products.

14. "Desiccant" means any substance or mixture of substances intended

for artificially accelerating the drying of plant tissue.

15. "Development" means natural and normal growth before harvest.

16. "Experimental use permit" means a permit issued to an applicant

for the use of a limited amount of a pesticide not registered pursuant

to this article to accumulate data necessary to apply to register the

pesticide.

17. "Fungi" means all non-chlorophyll-bearing thallophytes (that is,

all non-chlorophyll-bearing plants of a lower order than mosses and

liverworts) as, for example, rusts, smuts, mildews, molds, yeast, and

bacteria, except those on or in living man or other animals.

18. "Fungicide" means any substance or mixture of substances intended

for preventing, destroying, repelling, or mitigating any fungi.

19. "General use pesticide" means a pesticide which does not meet the

state criteria for a restricted pesticide as established under authority

of section 33-0303 of this article.

20. "Grape grower" means a producer of grapes for profit.

21. "Grape vineyard" means lands upon which grapevines are maintained

and harvested for profit.

22. "Ground equipment" means any machine or device (other than

aircraft) for use on land or water, designed for, or adaptable to use in

applying pesticide as spray, dust, aerosol, fog, or in any other form.

23. "Herbicide" means any substance or mixture of substances intended

for preventing, destroying, repelling, or mitigating any weed.

24. "Insect" means any of the numerous small invertebrate animals

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, beetles, bugs, bees, flies, and to other

allied classes of arthropods whose members are wingless and usually have

more than six legs, as, for example, spiders, mites, ticks, centipedes,

and wood lice, except those on or in living man. This term shall also

include hematodes.

25. "Inert ingredient" means an ingredient which is not an active

ingredient.

26. "Ingredient statement" means either:

a. A statement of the name and percentage of each active ingredient,

together with the total percentage of the inert ingredients, in the

pesticide; and

b. If the pesticide contains arsenic in any form, a statement of the

percentage of total and water soluble arsenic, each calculated as

elemental arsenic.

27. "Insecticide" means any substance or mixture of substances

intended for preventing, destroying, repelling, or mitigating any

insects which may be present in any environment whatsoever, except those

on or in living man.

28. "Label" means the written, printed, or graphic matter on, or

attached to, the pesticide, or its immediate container and any outside

containers or wrappers.

29. "Labeling" means all labels and other written, printed, or graphic

matter:

a. Upon the pesticide or any of its containers or wrappers;

b. Accompanying the pesticide at any time;

c. To which reference is made on the label or in literature

accompanying the pesticide, except when accurate, non-misleading

reference is made to current official publications of the United States

Department of Agriculture or Interior, the United States Public Health

Service, state agricultural experiment stations, state colleges of

agriculture, or other similar federal institutions or official agencies

of this state or other states authorized by law to conduct research in

the field of pesticides.

30. "Major source of agricultural income" means that the producers of

grapes within the affected area obtain at least ten percent of their

gross income as a group in any five year period from the production of

grapes.

31. "Metabolite" means any of the various organic compounds produced

by metabolism.

32. "Misbranded" shall apply to any pesticide:

a. If its labeling bears any statement, design, or graphic

representation relative thereto or to its ingredients which is false or

misleading in any particular;

b. If it is an imitation of or is offered for sale under the name of

another pesticide; or if its labeling bears any reference to

registration under this article;

c. If the labeling accompanying it does not contain instructions for

use which are necessary and, if complied with, adequate for the

protection of the public;

d. If the label does not contain a warning or caution statement which

may be necessary and, if complied with, adequate to prevent injury to

health and the environment;

e. If the label is not visible and readable on the outside of the

marketing package which is presented or displayed under customary

conditions of purchase;

f. If any word, statement, or other information required by or under

the authority of this article to appear on the 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;

g. If in the case of an insecticide, fungicide, or herbicide, when

used as directed or in accordance with commonly recognized practice, it

shall be injurious to living man or other vertebrate animals or

vegetation, except weeds, to which it is applied, or to the person

applying such pesticide; or

h. If in the case of a plant regulator, defoliant, or desiccant when

used as directed it shall be injurious to living man or other vertebrate

animals, or vegetation to which it is applied, or to the person applying

such pesticide; provided, that physical or physiological effects on

plants or parts thereof shall not be deemed injurious, when this is the

purpose for which the plant regulator, defoliant, or desiccant was

applied, in accordance with the label claims and recommendations.

i. If its labeling in any other way fails to conform to the labeling

requirements of the Federal Insecticide, Fungicide, and Rodenticide Act

of 1972, as amended.

33. "Person" means any individual, partnership, association,

corporation, organized group of persons whether incorporated or not,

private or public authority, state government or agency, political

subdivision, governmental agency or any other legal entity whatever.

34. "Pest" means (1) any insect, rodent, fungus, weed, or (2) any

other form of terrestrial or aquatic plant or animal life or virus,

bacteria or other micro-organism (except viruses, bacteria or other

micro-organisms on or in living man or other living animals) which the

commissioner declares to be a pest.

35. "Pesticide" means:

a. Any substance or mixture or substances intended for preventing,

destroying, repelling, or mitigating any pest; and

b. Any substance or mixture of substances intended for use as a plant

regulator, defoliant or desiccant.

36. "Pesticide business" means any person providing commercial

application of pesticides for hire.

37. "Plant regulator" means any substance or mixture of substances,

intended through physiological action, for accelerating or retarding the

rate of growth or rate of maturation, or for otherwise altering the

behavior of ornamental or crop plants or their produce, but shall not

include substances to the extent that they are intended as plant

nutrients, trace elements, nutritional chemicals, plant inoculants, and

soil amendments.

38. "Private application" means any application of any pesticide for

the purpose of producing an agricultural commodity

a. on property owned or rented by the applicator or the applicator's

employer, or

b. if applied without compensation other than the barter of personal

services between producers of agricultural commodities, on property

owned or rented by a party to such a barter transaction.

39. "Proximity" means a radial distance of two miles from the site of

damage to grape vineyards.

40. "Registrant" means the person registering any pesticide pursuant

to the provisions of this article.

41. "Residential application" shall mean the application of general

use pesticides by ground equipment on property owned or leased by the

applicator, excluding any establishment selling or processing food and

any residential structure other than the specific dwelling unit in which

the applicator resides.

42. "Restricted use pesticide" means a pesticide, as defined in this

article and determined as provided in section 33-0303:

a. Which (1) either (a) persists in the environment, or (b)

accumulates as either the pesticide per se, a pesticide metabolite, or a

pesticide degradation product in plant or animal tissue or product, and

is not excreted or eliminated within a reasonable period of time, and

which may be transferred to other forms of life; and (2) which by virtue

of such persistence or accumulation creates a present or future risk of

harmful effects on any organism other than the target organisms; or

b. Which the commissioner finds is so hazardous to man or other forms

of life that restrictions on its sale, purchase, use, or possession are

in the public interest.

43. "Rodenticide" means any substance or mixture of substances

intended for preventing, destroying, repelling, or mitigating rodents or

any other vertebrate animals which the commissioner shall declare to be

a pest.

44. "Target organisms" means those organisms which the pesticide is

intended to inhibit or destroy pursuant to its registered labeled usage.

45. "Weed" means any plant which grows where not wanted.

46. "Commercial lawn application" means the application of pesticide

to ground, trees, or shrubs on public or private outdoor property. For

the purposes of this article the following shall not be considered

commercial lawn application:

a. the application of pesticide for the purpose of producing an

agricultural commodity;

b. residential application of pesticides;

c. the application of pesticides around or near the foundation of a

building for the purpose of indoor pest control;

d. the application of pesticides by or on behalf of agencies except

that agencies shall be subject to visual notification requirements

pursuant to section 33-1003 where such application is within one hundred

feet of a dwelling, multiple dwelling, public building or public park;

and

e. the application of pesticides on golf courses or turf farms.

47. "Major change in labeling" shall mean any new label or labeling or

any amended label or labeling for a pesticide product which contains an

active ingredient previously registered and which (a) results in a major

change in the use pattern for the active ingredient; (b) changes the

classification of the active ingredient or the product to general use or

restricted use; increases the application rate; changes the percent

concentration of an active ingredient other than an increase due to

changes in methods of analysis; adds a previously-registered active

ingredient or deletes any active ingredient; or (c) any other change

which significantly increases the potential exposure of any non-target

organism or which increases the potential for a significant impact to

humans, property or the environment.

48. "Residential lawn application" means the application of general

use pesticides to ground, trees or shrubs on property owned by or leased

to the individual making such application. For the purposes of this

article the following shall not be considered residential lawn

application:

a. The application of pesticides for the purpose of producing an

agricultural commodity;

b. The application of pesticides around or near the foundation of a

building for the purpose of indoor pest control;

c. The application of pesticides by or on behalf of agencies except

that agencies shall be subject to visual notification requirements

pursuant to section 33-1003 of this article where such application is

within one hundred feet of a dwelling, multiple dwelling, public

building or public park; and

d. The application of pesticides on golf courses or turf farms.

49. "Abutting property" shall mean any property which has any boundary

or boundary point in common with the property on which the pesticide is

to be applied.