RCW 15.58.030
Definitions.
As used in this chapter the
words and phrases defined in this section shall have the meanings
indicated unless the context clearly requires otherwise.
(1) "Active ingredient" means any ingredient which will
prevent, destroy, repel, control, or mitigate pests, or which
will act as a plant regulator, defoliant, desiccant, or spray
adjuvant.
(2) "Antidote" means the most practical immediate treatment
in case of poisoning and includes first aid treatment.
(3) "Arthropod" means any invertebrate animal that belongs
to the phylum arthropoda, which in addition to insects, includes
allied classes whose members are wingless and usually have more
than six legs; for example, spiders, mites, ticks, centipedes,
and isopod crustaceans.
(4) "Complete wood destroying organism inspection" means
inspection for the purpose of determining evidence of
infestation, damage, or conducive conditions as part of the
transfer, exchange, or refinancing of any structure in Washington
state. Complete wood destroying organism inspections include any
wood destroying organism inspection that is conducted as the
result of telephone solicitation by an inspection, pest control,
or other business, even if the inspection would fall within the
definition of a specific wood destroying organism inspection.
(5) "Defoliant" means any substance or mixture of substances
intended to cause the leaves or foliage to drop from a plant with
or without causing abscission.
(6) "Department" means the Washington state department of
agriculture.
(7) "Desiccant" means any substance or mixture of substances
intended to artificially accelerate the drying of plant tissues.
(8) "Device" means any instrument or contrivance intended to
trap, destroy, control, repel, or mitigate pests, or to destroy,
control, repel or mitigate fungi, nematodes, or such other pests,
as may be designated by the director, but not including equipment
used for the application of pesticides when sold separately from
the pesticides.
(9) "Director" means the director of the department or a
duly authorized representative.
(10) "Distribute" means to offer for sale, hold for sale,
sell, barter, or supply pesticides in this state.
(11) "EPA" means the United States environmental protection
agency.
(12) "EPA restricted use pesticide" means any pesticide with
restricted uses as classified for restricted use by the
administrator, EPA.
(13) "FIFRA" means the federal insecticide, fungicide, and
rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et
seq.).
(14) "Fungi" means all nonchlorophyll-bearing thallophytes
(all nonchlorophyll-bearing plants of a lower order than mosses
and liverworts); for example, rusts, smuts, mildews, molds,
yeasts, and bacteria, except those on or in living persons or
other animals.
(15) "Fungicide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any
fungi.
(16) "Herbicide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any
weed.
(17) "Inert ingredient" means an ingredient which is not an
active ingredient.
(18) "Ingredient statement" means a statement of the name
and percentage of each active ingredient together with the total
percentage of the inert ingredients in the pesticide, and when
the pesticide contains arsenic in any form, the ingredient
statement shall also include percentages of total and water
soluble arsenic, each calculated as elemental arsenic. The
ingredient statement for a spray adjuvant must be consistent with
the labeling requirements adopted by rule.
(19) "Insect" means any of the numerous small invertebrate
animals whose bodies are more or less obviously segmented, and
which for the most part belong to the class insecta, comprising
six-legged, usually winged forms, for example, beetles, bugs,
bees, flies, and to other allied classes of arthropods whose
members are wingless and usually have more than six legs, for
example, spiders, mites, ticks, centipedes, and isopod
crustaceans.
(20) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any
insects which may be present in any environment whatsoever.
(21) "Inspection control number" means a number obtained
from the department that is recorded on wood destroying organism
inspection reports issued by a structural pest inspector in
conjunction with the transfer, exchange, or refinancing of any
structure.
(22) "Label" means the written, printed, or graphic matter
on, or attached to, the pesticide, device, or immediate
container, and the outside container or wrapper of the retail
package.
(23) "Labeling" means all labels and other written, printed,
or graphic matter:
(a) Upon the pesticide, device, or any of its containers or
wrappers;
(b) Accompanying the pesticide, or referring to it in any
other media used to disseminate information to the public; and
(c) To which reference is made on the label or in literature
accompanying or referring to the pesticide or device except when
accurate nonmisleading reference is made to current official
publications of the department, United States departments of
agriculture; interior; education; health and human services;
state agricultural colleges; and other similar federal or state
institutions or agencies authorized by law to conduct research in
the field of pesticides.
(24) "Land" means all land and water areas, including
airspace and all plants, animals, structures, buildings, devices
and contrivances, appurtenant thereto or situated thereon, fixed
or mobile, including any used for transportation.
(25) "Master license system" means the mechanism established
by chapter 19.02 RCW by which master licenses, endorsed for
individual state-issued licenses, are issued and renewed using a
master application and a master license expiration date common to
each renewable license endorsement.
(26) "Nematocide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
nematodes.
(27) "Nematode" means any invertebrate animal of the phylum
nemathelminthes and class nematoda, that is, unsegmented round
worms with elongated, fusiform, or saclike bodies covered with
cuticle, and inhabiting soil, water, plants or plant parts, may
also be called nemas or eelworms.
(28) "Person" means any individual, partnership,
association, corporation, or organized group of persons whether
or not incorporated.
(29) "Pest" means, but is not limited to, any insect,
rodent, nematode, snail, slug, weed and any form of plant or
animal life or virus, except virus on or in a living person or
other animal, which is normally considered to be a pest or which
the director may declare to be a pest.
(30) "Pest control consultant" means any individual who
sells or offers for sale at other than a licensed pesticide
dealer outlet or location where they are employed, or who offers
or supplies technical advice or makes recommendations to the user
of:
(a) Highly toxic pesticides, as determined under RCW 15.58.040;
(b) EPA restricted use pesticides or restricted use
pesticides which are restricted by rule to distribution by
licensed pesticide dealers only; or
(c) Any other pesticide except those pesticides which are
labeled and intended for home and garden use only.
(31) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any insect, rodent,
snail, slug, fungus, weed, and any other form of plant or animal
life or virus, except virus on or in a living person or other
animal which is normally considered to be a pest or which the
director may declare to be a pest;
(b) Any substance or mixture of substances intended to be
used as a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant.
(32) "Pesticide advisory board" means the pesticide advisory
board as provided for in the Washington pesticide application
act.
(33) "Pesticide dealer" means any person who distributes any
of the following pesticides:
(a) Highly toxic pesticides, as determined under RCW 15.58.040;
(b) EPA restricted use pesticides or restricted use
pesticides which are restricted by rule to distribution by
licensed pesticide dealers only; or
(c) Any other pesticide except those pesticides which are
labeled and intended for home and garden use only.
(34) "Pesticide dealer manager" means the owner or other
individual supervising pesticide distribution at one outlet
holding a pesticide dealer license.
(35) "Plant regulator" means any substance or mixture of
substances intended through physiological action, to accelerate
or retard the rate of growth or maturation, or to otherwise alter
the behavior of ornamental or crop plants or their produce, but
shall not include substances insofar as they are intended to be
used as plant nutrients, trace elements, nutritional chemicals,
plant inoculants, or soil amendments.
(36) "Registrant" means the person registering any pesticide
under the provisions of this chapter.
(37) "Restricted use pesticide" means any pesticide or
device which, when used as directed or in accordance with a
widespread and commonly recognized practice, the director
determines, subsequent to a hearing, requires additional
restrictions for that use to prevent unreasonable adverse effects
on the environment including people, lands, beneficial insects,
animals, crops, and wildlife, other than pests.
(38) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
rodents, or any other vertebrate animal which the director may
declare by rule to be a pest.
(39) "Specific wood destroying organism inspection" means an
inspection of a structure for purposes of identifying or
verifying evidence of an infestation of wood destroying organisms
prior to pest management activities.
(40) "Spray adjuvant" means any product intended to be used
with a pesticide as an aid to the application or to the effect of
the pesticide, and which is in a package or container separate
from the pesticide. Spray adjuvant includes, but is not limited
to, acidifiers, compatibility agents, crop oil concentrates,
defoaming agents, drift control agents, modified vegetable oil
concentrates, nonionic surfactants, organosilicone surfactants,
stickers, and water conditioning agents. Spray adjuvant does not
include products that are only intended to mark the location
where a pesticide is applied.
(41) "Special local needs registration" means a registration
issued by the director pursuant to provisions of section 24(c) of
FIFRA.
(42) "Structural pest inspector" means any individual who
performs the service of conducting a complete wood destroying
organism inspection or a specific wood destroying organism
inspection.
(43) "Unreasonable adverse effects on the environment" means
any unreasonable risk to people or the environment taking into
account the economic, social, and environmental costs and
benefits of the use of any pesticide, or as otherwise determined
by the director.
(44) "Weed" means any plant which grows where not wanted.
(45) "Wood destroying organism" means insects or fungi that
consume, excavate, develop in, or otherwise modify the integrity
of wood or wood products. Wood destroying organism includes, but
is not limited to, carpenter ants, moisture ants, subterranean
termites, dampwood termites, beetles in the family Anobiidae, and
wood decay fungi (wood rot).
(46) "Wood destroying organism inspection report" means any
written document that reports or comments on the presence or
absence of wood destroying organisms, their damage, and/or
conducive conditions leading to the establishment of such
organisms.
[2004 c 100 § 6; 2003 c 212 § 1; 2000 c 96 § 1; 1992 c 170 § 1; 1991 c 264 § 1; 1989 c 380 § 1; 1982 c 182 § 26; 1979 c 146 § 1; 1971 ex.s. c 190 § 3.]
NOTES:
Effective date -- 2004 c 100: See note following RCW 17.21.020.
Severability -- 1982 c 182: See RCW 19.02.901.