281.020. As used in sections 281.010 to 281.115, thefollowing terms mean:
(1) "Animal", all vertebrate and invertebrate species,including but not limited to man and other mammals, birds, fish,and shellfish;
(2) "Applicator, operator or technician":
(a) "Certified commercial applicator", any individual,whether or not he is a private applicator with respect to someuses, who is certified by the director as authorized to use,supervise the use of, or determine the need for the use of, anypesticide, whether classified for restricted use or for generaluse, while he is engaged in the business of using pesticides onthe lands of another as a direct service to the public inexchange for a fee or compensation;
(b) "Certified noncommercial applicator", any individual,whether or not he is a private applicator with respect to someuses, who is certified by the director as authorized to use, orto supervise the use of, any pesticide which is classified forrestricted use only on lands owned or rented by him or hisemployer;
(c) "Certified private applicator", any individual who iscertified by the director as authorized to use, or to supervisethe use of, any pesticide which is classified for restricted usefor purposes of producing any agricultural commodity on propertyowned or rented by him or his employer or on the property ofanother person, if used without compensation other than tradingof personal services between producers of agriculturalcommodities, on the property of another person;
(d) "Certified public operator", any individual who iscertified by the director as authorized to use, or to supervisethe use of, any pesticide classified for restricted use in theperformance of his duties as an official or employee of anyagency of the state of Missouri or any political subdivisionthereof, or any other governmental agency;
(e) "Private applicator", any person not holding a certifiedprivate applicator's license who shall be required to obtain apermit for the use of any restricted use pesticide for thepurposes of producing any agricultural commodity on propertyowned or rented by him or his employer or on the property ofanother person, if used without compensation other than tradingof personal services between producers of agriculturalcommodities, such permit shall authorize the one-time emergencypurchase of a restricted use pesticide for the purpose of aone-time emergency use of that pesticide;
(f) "Pesticide technician", any individual working under thedirect supervision of a commercial applicator certified incategories as specified by regulation, and who having met thecompetency requirements of this chapter, is authorized by thedirector to determine the need for the use of any pesticide aswell as to the use of any pesticide;
(g) "Pesticide technician trainee", any individual workingin the physical presence and under the direct supervision of acertified commercial applicator to gain the required on-the-jobtraining in preparation for obtaining a pesticide technician'slicense;
(3) "Beneficial insects", those insects which, during theirlife cycle, are effective pollinators of plants, are parasites orpredators of pests, or are otherwise beneficial;
(4) "Defoliant", any substance or mixture of substancesintended for causing the leaves or foliage to drop from a plant,with or without causing abscission;
(5) "Desiccant", any substance or mixture of substancesintended for artificially accelerating the drying of planttissue;
(6) "Determining the need for the use of any pesticide", theact of inspecting land for the presence of pests for the purposeof contracting for their control or prevention through the use ofpesticides in categories as specified by regulation;
(7) "Device", any instrument or contrivance, other than afirearm, which is intended for trapping, destroying, repelling,or mitigating any pest or any other form of plant or animal life,other than man and other than bacteria, viruses, or othermicroorganisms on or in living man or other living animals, butnot including equipment used for the application of pesticideswhen sold separately therefrom;
(8) "Environment" includes water, air, land, and all plantsand man and other animals living therein, and theinterrelationships which exist among these;
(9) "Equipment" means any type of ground, water or aerialequipment or contrivance using motorized, mechanical orpressurized power and used to apply any pesticide on land andanything that may be growing, habitating or stored on or in suchland, but shall not include any pressurized hand-sized householdapparatus used to apply any pesticide, or any equipment orcontrivance of which the person who is applying the pesticide isthe source of power or energy in making such pesticideapplication;
(10) "Fungus", any nonchlorophyll-bearing thallophyte, thatis, any nonchlorophyll-bearing plant of a lower order than mossesand liverworts, as, for example, rust, smut, mildew, mold, yeast,and bacteria, except those on or in living man or other livinganimals, and except those on or in processed food, beverages, orpharmaceuticals;
(11) "Individual", any responsible, natural human being;
(12) "Insect", any of the numerous small invertebrateanimals generally having the body more or less obviouslysegmented, 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 ofarthropods whose members are wingless and usually have more thansix legs, as, for example, spiders, mites, ticks, centipedes, andwood lice;
(13) "Land", all land and water areas, including airspace,and all plants, animals, structures, buildings, contrivances andmachinery, appurtenant thereto or situated thereon, fixed ormobile, including any used for transportation;
(14) "Misuse of a pesticide", a use of any registeredpesticide in a manner inconsistent with its labeling; provided,that the use of a lesser concentration than provided on the labelshall not be considered the misuse of a pesticide when usedstrictly for agricultural purposes, and when requested in writingby the person on whose behalf a pesticide is used;
(15) "Nematode", invertebrate animals of the phylumNemathelminthes and class Nematoda, that is, unsegmented roundworms with elongated, fusiform, or sac-like bodies covered withcuticle, and inhabiting soil, water, plants, or plant parts; mayalso be called nemas or eelworms;
(16) "Person", any individual, partnership, association,fiduciary, corporation, or any organized group of persons whetherincorporated or not;
(17) "Pest":
(a) Any insect, snail, slug, rodent, nematode, fungus, weed;or
(b) Any other form of terrestrial or aquatic plant or animallife or virus, bacterium, or other microorganism, except viruses,bacteria, or other microorganisms on or in living man or otherliving animals, which is normally considered to be a pest;
(18) "Pesticide":
(a) Any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any pest; or
(b) Any substance or mixture of substances intended for useas a plant regulator, defoliant, or desiccant;
(19) "Pesticide dealer", any individual who is engaged inthe business of distributing, selling, offering for sale, orholding for sale at retail, or direct wholesale to the end user,any pesticide classified for restricted use;
(20) "Plant regulator", any substance or mixture ofsubstances, intended, through physiological action, foraccelerating or retarding the rate of growth or rate ofmaturation, or for otherwise altering the behavior of plants orthe produce thereof, but shall not include substances to theextent that they are intended as plant nutrients, trace elements,nutritional chemicals, plant inoculants, or soil amendments. Theterm "plant regulator" does not include any of those nutrientmixtures or soil amendments which are commonly known asvitamin-hormone horticultural products, intended for improvement,maintenance, survival, health and propagation of plants, andwhich are not for pest destruction and are nontoxic, nonpoisonousin the undiluted package concentration;
(21) "Private applicator permit", a written certificate,issued by the director or his authorized agent, authorizing thepurchase, possession or use of certain restricted use pesticidesby a private applicator. Such permit shall authorize theone-time emergency purchase of a restricted use pesticide for thepurpose of a one-time emergency use of such pesticide;
(22) "Restricted use pesticide", any pesticide when appliedin accordance with its directions for use, warnings and cautionsand for the uses for which it is registered, or for one or moreof such uses, or in accordance with a widespread and commonlyrecognized practice, the director determines may cause, withoutadditional regulatory restrictions, unreasonable adverse effectson the environment, including injury to the applicator;
(23) "Sale", selling or offering for sale any pesticide;
(24) "Snails" or "slugs" includes all harmful mollusks;
(25) "Unreasonable adverse effects on the environment", anyunreasonable risk to man or the environment, taking into accountthe economic, social, and environmental costs and benefits of theuse of any pesticide;
(26) "Under the direct supervision of a certifiedapplicator", when a pesticide is used by a competent personacting under the instructions and control of a certifiedapplicator who is available if and when needed, even though suchcertified applicator is not physically present at the time andplace the pesticide is used;
(27) "Use", mixing, applying, storing or disposing of apesticide;
(28) "Weed", any plant which grows where not wanted; and
(29) "Wildlife", all living things that are neither human,domesticated, or pests, including, but not limited to, mammals,protected birds, and aquatic life.
281.020. As used in sections 281.010 to 281.115, thefollowing terms mean:
(1) "Animal", all vertebrate and invertebrate species,including but not limited to man and other mammals, birds, fish,and shellfish;
(2) "Applicator, operator or technician":
(a) "Certified commercial applicator", any individual,whether or not he is a private applicator with respect to someuses, who is certified by the director as authorized to use,supervise the use of, or determine the need for the use of, anypesticide, whether classified for restricted use or for generaluse, while he is engaged in the business of using pesticides onthe lands of another as a direct service to the public inexchange for a fee or compensation;
(b) "Certified noncommercial applicator", any individual,whether or not he is a private applicator with respect to someuses, who is certified by the director as authorized to use, orto supervise the use of, any pesticide which is classified forrestricted use only on lands owned or rented by him or hisemployer;
(c) "Certified private applicator", any individual who iscertified by the director as authorized to use, or to supervisethe use of, any pesticide which is classified for restricted usefor purposes of producing any agricultural commodity on propertyowned or rented by him or his employer or on the property ofanother person, if used without compensation other than tradingof personal services between producers of agriculturalcommodities, on the property of another person;
(d) "Certified public operator", any individual who iscertified by the director as authorized to use, or to supervisethe use of, any pesticide classified for restricted use in theperformance of his duties as an official or employee of anyagency of the state of Missouri or any political subdivisionthereof, or any other governmental agency;
(e) "Private applicator", any person not holding a certifiedprivate applicator's license who shall be required to obtain apermit for the use of any restricted use pesticide for thepurposes of producing any agricultural commodity on propertyowned or rented by him or his employer or on the property ofanother person, if used without compensation other than tradingof personal services between producers of agriculturalcommodities, such permit shall authorize the one-time emergencypurchase of a restricted use pesticide for the purpose of aone-time emergency use of that pesticide;
(f) "Pesticide technician", any individual working under thedirect supervision of a commercial applicator certified incategories as specified by regulation, and who having met thecompetency requirements of this chapter, is authorized by thedirector to determine the need for the use of any pesticide aswell as to the use of any pesticide;
(g) "Pesticide technician trainee", any individual workingin the physical presence and under the direct supervision of acertified commercial applicator to gain the required on-the-jobtraining in preparation for obtaining a pesticide technician'slicense;
(3) "Beneficial insects", those insects which, during theirlife cycle, are effective pollinators of plants, are parasites orpredators of pests, or are otherwise beneficial;
(4) "Defoliant", any substance or mixture of substancesintended for causing the leaves or foliage to drop from a plant,with or without causing abscission;
(5) "Desiccant", any substance or mixture of substancesintended for artificially accelerating the drying of planttissue;
(6) "Determining the need for the use of any pesticide", theact of inspecting land for the presence of pests for the purposeof contracting for their control or prevention through the use ofpesticides in categories as specified by regulation;
(7) "Device", any instrument or contrivance, other than afirearm, which is intended for trapping, destroying, repelling,or mitigating any pest or any other form of plant or animal life,other than man and other than bacteria, viruses, or othermicroorganisms on or in living man or other living animals, butnot including equipment used for the application of pesticideswhen sold separately therefrom;
(8) "Environment" includes water, air, land, and all plantsand man and other animals living therein, and theinterrelationships which exist among these;
(9) "Equipment" means any type of ground, water or aerialequipment or contrivance using motorized, mechanical orpressurized power and used to apply any pesticide on land andanything that may be growing, habitating or stored on or in suchland, but shall not include any pressurized hand-sized householdapparatus used to apply any pesticide, or any equipment orcontrivance of which the person who is applying the pesticide isthe source of power or energy in making such pesticideapplication;
(10) "Fungus", any nonchlorophyll-bearing thallophyte, thatis, any nonchlorophyll-bearing plant of a lower order than mossesand liverworts, as, for example, rust, smut, mildew, mold, yeast,and bacteria, except those on or in living man or other livinganimals, and except those on or in processed food, beverages, orpharmaceuticals;
(11) "Individual", any responsible, natural human being;
(12) "Insect", any of the numerous small invertebrateanimals generally having the body more or less obviouslysegmented, 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 ofarthropods whose members are wingless and usually have more thansix legs, as, for example, spiders, mites, ticks, centipedes, andwood lice;
(13) "Land", all land and water areas, including airspace,and all plants, animals, structures, buildings, contrivances andmachinery, appurtenant thereto or situated thereon, fixed ormobile, including any used for transportation;
(14) "Misuse of a pesticide", a use of any registeredpesticide in a manner inconsistent with its labeling; provided,that the use of a lesser concentration than provided on the labelshall not be considered the misuse of a pesticide when usedstrictly for agricultural purposes, and when requested in writingby the person on whose behalf a pesticide is used;
(15) "Nematode", invertebrate animals of the phylumNemathelminthes and class Nematoda, that is, unsegmented roundworms with elongated, fusiform, or sac-like bodies covered withcuticle, and inhabiting soil, water, plants, or plant parts; mayalso be called nemas or eelworms;
(16) "Person", any individual, partnership, association,fiduciary, corporation, or any organized group of persons whetherincorporated or not;
(17) "Pest":
(a) Any insect, snail, slug, rodent, nematode, fungus, weed;or
(b) Any other form of terrestrial or aquatic plant or animallife or virus, bacterium, or other microorganism, except viruses,bacteria, or other microorganisms on or in living man or otherliving animals, which is normally considered to be a pest;
(18) "Pesticide":
(a) Any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any pest; or
(b) Any substance or mixture of substances intended for useas a plant regulator, defoliant, or desiccant;
(19) "Pesticide dealer", any individual who is engaged inthe business of distributing, selling, offering for sale, orholding for sale at retail, or direct wholesale to the end user,any pesticide classified for restricted use;
(20) "Plant regulator", any substance or mixture ofsubstances, intended, through physiological action, foraccelerating or retarding the rate of growth or rate ofmaturation, or for otherwise altering the behavior of plants orthe produce thereof, but shall not include substances to theextent that they are intended as plant nutrients, trace elements,nutritional chemicals, plant inoculants, or soil amendments. Theterm "plant regulator" does not include any of those nutrientmixtures or soil amendments which are commonly known asvitamin-hormone horticultural products, intended for improvement,maintenance, survival, health and propagation of plants, andwhich are not for pest destruction and are nontoxic, nonpoisonousin the undiluted package concentration;
(21) "Private applicator permit", a written certificate,issued by the director or his authorized agent, authorizing thepurchase, possession or use of certain restricted use pesticidesby a private applicator. Such permit shall authorize theone-time emergency purchase of a restricted use pesticide for thepurpose of a one-time emergency use of such pesticide;
(22) "Restricted use pesticide", any pesticide when appliedin accordance with its directions for use, warnings and cautionsand for the uses for which it is registered, or for one or moreof such uses, or in accordance with a widespread and commonlyrecognized practice, the director determines may cause, withoutadditional regulatory restrictions, unreasonable adverse effectson the environment, including injury to the applicator;
(23) "Sale", selling or offering for sale any pesticide;
(24) "Snails" or "slugs" includes all harmful mollusks;
(25) "Unreasonable adverse effects on the environment", anyunreasonable risk to man or the environment, taking into accountthe economic, social, and environmental costs and benefits of theuse of any pesticide;
(26) "Under the direct supervision of a certifiedapplicator", when a pesticide is used by a competent personacting under the instructions and control of a certifiedapplicator who is available if and when needed, even though suchcertified applicator is not physically present at the time andplace the pesticide is used;
(27) "Use", mixing, applying, storing or disposing of apesticide;
(28) "Weed", any plant which grows where not wanted; and
(29) "Wildlife", all living things that are neither human,domesticated, or pests, including, but not limited to, mammals,protected birds, and aquatic life.
281.020. As used in sections 281.010 to 281.115, thefollowing terms mean:
(1) "Animal", all vertebrate and invertebrate species,including but not limited to man and other mammals, birds, fish,and shellfish;
(2) "Applicator, operator or technician":
(a) "Certified commercial applicator", any individual,whether or not he is a private applicator with respect to someuses, who is certified by the director as authorized to use,supervise the use of, or determine the need for the use of, anypesticide, whether classified for restricted use or for generaluse, while he is engaged in the business of using pesticides onthe lands of another as a direct service to the public inexchange for a fee or compensation;
(b) "Certified noncommercial applicator", any individual,whether or not he is a private applicator with respect to someuses, who is certified by the director as authorized to use, orto supervise the use of, any pesticide which is classified forrestricted use only on lands owned or rented by him or hisemployer;
(c) "Certified private applicator", any individual who iscertified by the director as authorized to use, or to supervisethe use of, any pesticide which is classified for restricted usefor purposes of producing any agricultural commodity on propertyowned or rented by him or his employer or on the property ofanother person, if used without compensation other than tradingof personal services between producers of agriculturalcommodities, on the property of another person;
(d) "Certified public operator", any individual who iscertified by the director as authorized to use, or to supervisethe use of, any pesticide classified for restricted use in theperformance of his duties as an official or employee of anyagency of the state of Missouri or any political subdivisionthereof, or any other governmental agency;
(e) "Private applicator", any person not holding a certifiedprivate applicator's license who shall be required to obtain apermit for the use of any restricted use pesticide for thepurposes of producing any agricultural commodity on propertyowned or rented by him or his employer or on the property ofanother person, if used without compensation other than tradingof personal services between producers of agriculturalcommodities, such permit shall authorize the one-time emergencypurchase of a restricted use pesticide for the purpose of aone-time emergency use of that pesticide;
(f) "Pesticide technician", any individual working under thedirect supervision of a commercial applicator certified incategories as specified by regulation, and who having met thecompetency requirements of this chapter, is authorized by thedirector to determine the need for the use of any pesticide aswell as to the use of any pesticide;
(g) "Pesticide technician trainee", any individual workingin the physical presence and under the direct supervision of acertified commercial applicator to gain the required on-the-jobtraining in preparation for obtaining a pesticide technician'slicense;
(3) "Beneficial insects", those insects which, during theirlife cycle, are effective pollinators of plants, are parasites orpredators of pests, or are otherwise beneficial;
(4) "Defoliant", any substance or mixture of substancesintended for causing the leaves or foliage to drop from a plant,with or without causing abscission;
(5) "Desiccant", any substance or mixture of substancesintended for artificially accelerating the drying of planttissue;
(6) "Determining the need for the use of any pesticide", theact of inspecting land for the presence of pests for the purposeof contracting for their control or prevention through the use ofpesticides in categories as specified by regulation;
(7) "Device", any instrument or contrivance, other than afirearm, which is intended for trapping, destroying, repelling,or mitigating any pest or any other form of plant or animal life,other than man and other than bacteria, viruses, or othermicroorganisms on or in living man or other living animals, butnot including equipment used for the application of pesticideswhen sold separately therefrom;
(8) "Environment" includes water, air, land, and all plantsand man and other animals living therein, and theinterrelationships which exist among these;
(9) "Equipment" means any type of ground, water or aerialequipment or contrivance using motorized, mechanical orpressurized power and used to apply any pesticide on land andanything that may be growing, habitating or stored on or in suchland, but shall not include any pressurized hand-sized householdapparatus used to apply any pesticide, or any equipment orcontrivance of which the person who is applying the pesticide isthe source of power or energy in making such pesticideapplication;
(10) "Fungus", any nonchlorophyll-bearing thallophyte, thatis, any nonchlorophyll-bearing plant of a lower order than mossesand liverworts, as, for example, rust, smut, mildew, mold, yeast,and bacteria, except those on or in living man or other livinganimals, and except those on or in processed food, beverages, orpharmaceuticals;
(11) "Individual", any responsible, natural human being;
(12) "Insect", any of the numerous small invertebrateanimals generally having the body more or less obviouslysegmented, 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 ofarthropods whose members are wingless and usually have more thansix legs, as, for example, spiders, mites, ticks, centipedes, andwood lice;
(13) "Land", all land and water areas, including airspace,and all plants, animals, structures, buildings, contrivances andmachinery, appurtenant thereto or situated thereon, fixed ormobile, including any used for transportation;
(14) "Misuse of a pesticide", a use of any registeredpesticide in a manner inconsistent with its labeling; provided,that the use of a lesser concentration than provided on the labelshall not be considered the misuse of a pesticide when usedstrictly for agricultural purposes, and when requested in writingby the person on whose behalf a pesticide is used;
(15) "Nematode", invertebrate animals of the phylumNemathelminthes and class Nematoda, that is, unsegmented roundworms with elongated, fusiform, or sac-like bodies covered withcuticle, and inhabiting soil, water, plants, or plant parts; mayalso be called nemas or eelworms;
(16) "Person", any individual, partnership, association,fiduciary, corporation, or any organized group of persons whetherincorporated or not;
(17) "Pest":
(a) Any insect, snail, slug, rodent, nematode, fungus, weed;or
(b) Any other form of terrestrial or aquatic plant or animallife or virus, bacterium, or other microorganism, except viruses,bacteria, or other microorganisms on or in living man or otherliving animals, which is normally considered to be a pest;
(18) "Pesticide":
(a) Any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any pest; or
(b) Any substance or mixture of substances intended for useas a plant regulator, defoliant, or desiccant;
(19) "Pesticide dealer", any individual who is engaged inthe business of distributing, selling, offering for sale, orholding for sale at retail, or direct wholesale to the end user,any pesticide classified for restricted use;
(20) "Plant regulator", any substance or mixture ofsubstances, intended, through physiological action, foraccelerating or retarding the rate of growth or rate ofmaturation, or for otherwise altering the behavior of plants orthe produce thereof, but shall not include substances to theextent that they are intended as plant nutrients, trace elements,nutritional chemicals, plant inoculants, or soil amendments. Theterm "plant regulator" does not include any of those nutrientmixtures or soil amendments which are commonly known asvitamin-hormone horticultural products, intended for improvement,maintenance, survival, health and propagation of plants, andwhich are not for pest destruction and are nontoxic, nonpoisonousin the undiluted package concentration;
(21) "Private applicator permit", a written certificate,issued by the director or his authorized agent, authorizing thepurchase, possession or use of certain restricted use pesticidesby a private applicator. Such permit shall authorize theone-time emergency purchase of a restricted use pesticide for thepurpose of a one-time emergency use of such pesticide;
(22) "Restricted use pesticide", any pesticide when appliedin accordance with its directions for use, warnings and cautionsand for the uses for which it is registered, or for one or moreof such uses, or in accordance with a widespread and commonlyrecognized practice, the director determines may cause, withoutadditional regulatory restrictions, unreasonable adverse effectson the environment, including injury to the applicator;
(23) "Sale", selling or offering for sale any pesticide;
(24) "Snails" or "slugs" includes all harmful mollusks;
(25) "Unreasonable adverse effects on the environment", anyunreasonable risk to man or the environment, taking into accountthe economic, social, and environmental costs and benefits of theuse of any pesticide;
(26) "Under the direct supervision of a certifiedapplicator", when a pesticide is used by a competent personacting under the instructions and control of a certifiedapplicator who is available if and when needed, even though suchcertified applicator is not physically present at the time andplace the pesticide is used;
(27) "Use", mixing, applying, storing or disposing of apesticide;
(28) "Weed", any plant which grows where not wanted; and
(29) "Wildlife", all living things that are neither human,domesticated, or pests, including, but not limited to, mammals,protected birds, and aquatic life.
