2-2438a.   Definitions.As used in this act, unless the context otherwise requires, the followingwords and phrases shall have the meanings ascribed to them in this section:

      (a)   "Animal" means all vertebrate and invertebrate species, includingbut not limited to man and other mammals, birds, fish and shellfish.

      (b)   "Department" means theKansas department of agriculture of the state of Kansas.

      (c)   "Certified applicator" means any individual who is certified underthis act to use or supervise the use of any restricted use pesticide whichis classified for restricted use by a certified applicator.

      (1)   "Certified commercial applicator" means a certified applicator, whetheror not a private applicator with respect to some uses, who uses or supervisesthe use of any pesticide which is classified for restricted use for anypurpose or on any property other than as provided in paragraph (2) of thissubsection (c).

      (2)   "Certified private applicator" means a certified applicator who usesor supervises the use of any pesticide which is classified for restricteduse for purposes of producing any agricultural commodity,(A) on property owned or rented by such person or suchperson's employer or (B) if applied without compensationother than trading of personal services between producers of agriculturalcommodities, on the property of another person.

      (d)   "Defoliant" means any substance or mixture of substances intendedto cause the leaves or foliage to drop from a plant, with or without causingabscission.

      (e)   "Desiccant" means any substance or mixture of substances intendedfor artificially accelerating the drying of plant tissue.

      (f)   "Equipment" means any ground, water or aerial apparatus, used to applyany pesticide but shall not include any pressurized hand size householdapparatus used to apply any pesticide or any equipment, apparatus orcontrivanceof which the person who is applying the pesticide is the source of poweror energy in making such pesticide application.

      (g)   "Fungus" means any nonchlorophyll-bearing thallophyte, including,but not limited to, rust, smut, mildew, mold, yeast and bacteria, exceptthose on or in man or other animals and those on or in processed food,beverages or pharmaceuticals.

      (h)   "General use pesticide" shall mean and include all pesticides whichhave not been designated, by rule or regulation of the secretary, as beingrestricted use pesticides.

      (i)   "Insect" means any small invertebrate animal having the body segmented,belonging to the class insecta and other classes of arthropods, including,but not limited to, beetles, bugs, bees, flies, spiders, mites, ticks andcentipedes.

      (j)   "Registered pest control technician" means an uncertified commercialapplicator who applies pesticides for wood destroying pest control, forstructural pest control, for ornamental pest control, for turf pestcontrol, for interior landscape pest control or for any combination ofthese types of pest control, and who has received verifiable training.

      (k)   "Nematode" means any unsegmented roundworms of the class nematoda,with elongated, fusiform, or saclike bodies covered with cuticle, inhabitingsoil, water, plants or plant parts. Such roundworms may also be referredto as nemas or eelworms.

      (l)   "Person" means any individual, partnership, association of persons,corporation or governmental agency.

      (m)   "Pest" means, but is not limited to, any insect, rodent, nematode,fungus, weed or any other form of terrestrial or aquatic plant or animallife or virus, bacteria or other microorganism, except viruses, bacteriaor other microorganisms on or in man or other animals, or which the secretarymay declare to be a pest.

      (n)   "Pesticide" means, but is not limited to, (1) any substance or mixtureof substances used to prevent, destroy, control, repel, attract or mitigateany pest and (2) any substance or mixture of substances intended to be usedas a plant regulator, defoliant or desiccant.

      (o)   "Pesticide business" means any individual, partnership, associationof persons or corporation which applies pesticides to the property of anotherfor compensation.

      (p)   "Pesticide business licensee" shall mean an individual, business,association of persons or corporation who is licensedor would be required to be licensed under the provisions of K.S.A.2-2440, and amendments thereto.

      (q)   "Pesticide dealer" means any person who sells a pesticide toanother person for application.

      (r)   "Plant regulator" means any substance or mixture of substances intendedthrough physiological action, to accelerate or retard the rate of growthor maturation, or to otherwise alter the behavior of plants but shall notinclude substances insofar as they are used as plant nutrients, trace elements,nutritional chemicals, plant inoculants or soil amendments. The term "plantregulator" shall not include any such nutrient mixtures or soil amendmentsas are commonly known as vitamin-hormone horticultural products, intendedfor improvement, maintenance, survival, health and propagation of plants,and not for pest destruction if such mixtures or soil amendments, in theundiluted packaged concentration are nontoxic and nonpoisonous.

      (s)   "Restricted use pesticide" shall mean and include all pesticide usesdesignated as such by rules and regulations of the secretary.

      (t)   "Secretary" means the secretary of agriculture.

      (u)   "Under the supervision of" means, unless otherwise provided by thelabeling of the pesticide product, acting under the instructions and controlof another person who is available if and when needed, even though suchother person is not physically present at the time and place the act is done.

      (v)   "Weed" means any plant or part thereof which grows where not wanted.

      (w)   "Use of any pesticide in a manner inconsistent with its label orlabeling" means to use any pesticide in a manner not permitted by the labelor labeling.

      (x)   "Pest control" means the destruction, prevention, repulsion ormitigation of a population, infection or infestation of a pest.

      (y)   "Pesticide management area" means a site or area designated by thesecretary pursuant to K.S.A. 2-2472, and amendments thereto, withinwhich a pesticide management plan isdeemed necessary for the protection of the public health, safety, welfareor natural resources of the state.

      (z)   "Natural resources" means and includes soils, water and any formof terrestrial or aquatic or animal life.

      (aa)   "Pesticide rinsate" means the water contaminated with pesticidesfrom the cleaning of the inside of pesticide containers or pesticide tanks.

      History:   L. 1977, ch. 3, § 1; L. 1978, ch. 6, § 1; L. 1984,ch. 1, § 3;L. 1985, ch. 12, § 1;L. 1987, ch. 12, § 1;L. 1988, ch. 7, § 1;L. 1989, ch. 6, § 1;L. 2004, ch. 101, § 45;L. 2009, ch. 128, § 10; July 1.