The following words and terms, when used in this chapter, shall have
the following meanings:
ACT
The Pesticide Control Act of 1971, as amended, N.J.S.A. 13:1F-1 et
seq.
ACTIVE INGREDIENT
Any ingredient which will prevent, destroy, repel, control or mitigate
pests or which will act as a plant regulator, defoliant or desiccant.
AGRICULTURAL COMMODITY
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 animal.
BRAND or BRAND NAME or TRADE NAME
The characteristic designation by words, symbols, name, number or
trademark of a specific, particular pesticide or formulation thereof under
which the pesticide is distributed, sold, offered for sale, handled, stored,
used or transported in the State of New Jersey.
COMMERCIAL PESTICIDE APPLICATOR
Any person (whether or not he is a private applicator with respect
to some uses) who uses or supervises the use of any pesticide for any purpose
or on any property other than as provided by the definition of "private pesticide
applicator."
COMMERCIAL PESTICIDE OPERATOR
Any person who applies pesticides by equipment other than aerial
under the direct supervision of a certified and registered responsible pesticide
applicator.
COMMUNITY- OR AREA-WIDE
Any pesticide application performed on aggregate areas greater than
three acres of land which is part of a pest control program administered by
a governmental agency or which is contracted for or performed by one person
who has control over the use of the land to which the pesticide is applied.
CUSTOMER
Any person who hires a commercial pesticide applicator business to
perform an ornamental pest control application utilizing hydraulic spraying
equipment operating at a rate greater than 300 pounds per square inch and
10 gallons per minute, airblast sprayers or aerial application equipment on
property owned or controlled by him. For the purposes of this definition,
the term "customer" shall include any person who makes such application on
property owned or controlled by him.
EPA
The United States Environmental Protection Agency.
ORNAMENTAL
Trees, shrubs and other planting in and around habitations generally
but not necessarily located in urban and suburban areas, including residences,
parks, streets, retail outlets, industrial and institutional buildings.
PERSON
Includes corporations, companies, associations, societies, firms,
partnerships and joint-stock companies, as well as individuals, and shall
also include all political subdivisions of this state or any agencies or instrumentalities
thereof.
PEST
Any insect, rodent, nematode, fungus, weed or any other form of terrestrial
or aquatic plant or animal life or virus, bacteria or other microorganism
(except viruses, bacteria or other microorganisms on or in living man or other
animals) which is injurious to health or the environment.
PESTICIDE
Includes any substance or mixture of substances labeled, designed
or intended for use in preventing, destroying, repelling or mitigating any
pest or any substance or mixture of substances labeled, designed or intended
for use as a defoliant, desiccant or plant regulator, provided that the term
"pesticide" shall not include any substance or mixture of substances which
the EPA does not consider to be a pesticide.
PESTICIDE APPLICATOR BUSINESS
Any person who, either wholly or in part, holds himself out for hire
to apply pesticides in the State of New Jersey.
PRIVATE PESTICIDE APPLICATOR
Any person who uses or supervises the use of any pesticide for purposes
of producing any agricultural commodity on property owned or rented by him
or his employer or, if applied without compensation other than trading of
personal services between producers of agricultural commodities, on the property
of another person.
PROPER ENFORCEMENT PERSONNEL
An official designated by the Borough of Gibbsboro, subject to approval
by the New Jersey Department of Environmental Protection, whose duties are
to enforce the rules and regulations promulgated under this chapter.
RESTRICTED-USE PESTICIDE
Any pesticide or pesticide use so classified under the provisions
of N.J.A.C. 7:30-2 or so classified by the Administrator of the United States
Environmental Protection Agency.
STATE REGULATIONS
Pesticide rules and regulations promulgated under the Act and codified
in N.J.A.C. 7:30.
TARGET SITE
A specific location, including but not limited to any crop, commodity,
object, delineated field or area or structure or part thereof, that is intended
to be treated by a pesticide so that any pests therein or thereon are controlled.
This term does not include any similar site which was not a part of the original
agreement between the contracting parties even if such site is included on
the label or labeling of the pesticide.
USE
Any act of handling or release of a pesticide or exposure of man,
property or the environment to a pesticide through acts which include but
are not limited to:
A.
Applying a pesticide, including mixing and loading and any required
supervisory action, in or near the area of application.
B.
Handling, transporting or storing a pesticide container.
C.
Disposal actions for a pesticide and/or containers or equipment associated
with the pesticide.
No person shall store restricted-use pesticides without first meeting
the applicable provisions of state regulations.
No person shall add water to any pesticide handling, storage or application
equipment via a hose, pump or other equipment unless such hose, pump or other
equipment is fitted with an effective valve or device to prevent backflow
of pesticides or liquids containing pesticides into water supply systems,
streams, lakes, other sources of water or other areas; except that such backflow
devices or valves are not required when the hose, pump or other equipment
is not allowed to contact or fall below the level of the liquid in the handling,
storage or application equipment to which water is being added and no other
possible means of establishing back siphon of backflow exists.
All persons having employees who use, apply, transport or otherwise
handle any pesticide shall make available to such employees any necessary
and appropriate safety equipment in good working order and shall train such
employees in the proper operation of such safety equipment.
Any person violating any provision of this chapter shall be subject
to the violations and penalties as set forth in N.J.S.A. 13:1F-10. A copy
of the report of such enforcement actions will be forwarded to the Bureau
of Pesticide Control within the New Jersey Department of Environmental Protection.