Texas Agriculture Code - Section 76.001. Definitions
Legal Research Home >
Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 76.001. Definitions
§ 76.001. DEFINITIONS. In this chapter:
(1) "Active ingredient" means:
(A) in the case of a pesticide other than a plant
regulator, defoliant, or desiccant, an ingredient that prevents,
destroys, repels, or mitigates a pest;
(B) in the case of a plant regulator, an
ingredient that through physiological action accelerates or
retards the rate of growth or rate of maturation or otherwise alters
the behavior of an ornamental or crop plant or the product of an
ornamental or crop plant;
(C) in the case of a defoliant, an ingredient
that causes leaves or foliage to drop from a plant; or
(D) in the case of a desiccant, an ingredient
that artificially accelerates the drying of plant tissue.
(2) "Animal" means a vertebrate or invertebrate
species, including man, other mammals, birds, fish, and shellfish.
(3) "Antidote" means a practical treatment used in
preventing or lessening ill effects from poisoning, including first
aid.
(4) "Application of a herbicide" means the spreading
of a herbicide on real property having a continuous boundary line.
(5) "Defoliant" means a 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 Department of Agriculture.
(7) "Desiccant" means a substance or mixture of
substances intended to artificially accelerate the drying of plant
tissue.
(8) "Device" means an instrument or contrivance, other
than a firearm, that is used to trap, destroy, repel, or mitigate a
pest or other form of plant or animal life, other than man or a
bacteria, virus, or other microorganism on or in living man or other
living animals. The term does not include equipment sold
separately from a pesticide.
(9) "Distribute" means offer for sale, hold for sale,
sell, barter, or supply.
(10) "Environment" includes water, air, land, plants,
man, and other animals living in or on water, air, or land, and the
interrelationships that exist among them.
(11) "Equipment" means any type of ground, water, or
aerial equipment or contrivance employing motorized, mechanical,
or pressurized power and used to apply a pesticide to land or to
anything that may be inhabiting or growing or stored on or in the
land. The term does not include a pressurized hand-sized household
apparatus used to apply a pesticide or any equipment or contrivance
for which the person applying the pesticide is the source of power
or energy used in making the pesticide application.
(12) "FIFRA" means the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.).
(13) "Fungus" means a non-chlorophyll-bearing
thallophyte, including rust, smut, mildew, mold, yeast, or
bacteria, but not including a non-chlorophyll-bearing thallophyte
on or in living man or other living animals or on or in a processed
food, beverage, or pharmaceutical.
(14) "Inert ingredient" means an ingredient that is
not an active ingredient.
(15) "Insect" means any of the numerous small
invertebrate animals generally having a segmented body and for the
most part belonging to the class Insecta, comprising six-legged,
usually winged forms such as beetles, bugs, bees, and flies. The
term includes allied classes of arthropods, the members of which
are wingless and usually have more than six legs, such as spiders,
mites, ticks, centipedes, and wood lice.
(16) "Label" means the written, printed, or graphic
matter on or attached to a pesticide or device or any of its
containers or wrappers.
(17) "Labeling" means a label or any other written,
printed, or graphic matter prepared by a registrant:
(A) accompanying the pesticide or device at any
time; or
(B) to which reference is made on a label or in
literature accompanying or referring to a pesticide or device,
except accurate, nonmisleading references made to a current
official publication of a federal or state institution or agency
authorized by law to conduct research in the field of pesticides.
(18) "Land" means any land or water area, including
airspace, and any plant, animal, structure, building, contrivance,
or machinery, whether fixed or mobile, appurtenant to or situated
on a land or water area or airspace, including any used for
transportation.
(19) "License use category" means a classification of
pesticide use based on the subject, method, or place of pesticide
application.
(20) "Nematode" means an invertebrate animal of the
phylum Nemathelminthes and class Nematoda (an unsegmented
roundworm with an elongated, fusiform, or sac-like body covered
with cuticle) inhabiting soil, water, plants, or plant parts.
(21) "Pesticide" means a substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any
pest, or any substance or mixture of substances intended for use as
a plant regulator, defoliant, or desiccant.
(22) "Plant regulator" means a substance or mixture of
substances intended through physiological action to accelerate or
retard the rate of growth or rate of maturation, or otherwise to
alter the behavior of an ornamental or crop plant or the product of
an ornamental or crop plant, but does not include a substance to the
extent that it is intended as a plant nutrient, trace element,
nutritional chemical, plant inoculant, or soil amendment.
(23) "Registrant" means a person who has registered a
pesticide under this chapter.
(24) "Regulatory agency" means a state agency with
responsibility for certifying applicators under Subchapter E of
this chapter.
(25) "Restricted-use pesticide" means a pesticide
classified as a restricted-use pesticide by the Environmental
Protection Agency.
(26) "Thallophyte" means a non-chlorophyll-bearing
plant of a lower order than mosses and liverworts.
(27) "Weed" means any plant that grows where not
wanted.
(28) "Worker protection standard" means the federal
worker protection standard as found in the Code of Federal
Regulations, 40 C.F.R. Parts 156 and 170.
Acts 1981, 67th Leg., p. 1188, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1,
1997.
Section: 74.151 74.152 74.153 74.201 74.202 74.203 74.204 76.001 76.002 76.003 76.004 76.005 76.006 76.007 76.008
Last modified: August 10, 2007
|
