Terms Used In Rhode Island General Laws > Chapter 23-25 - Pesticide Control

• Active ingredient: means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, or desiccant. See Rhode Island General Laws 23-25-4
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural commodity: means any plant, or part of plant, 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 humans or animals. See Rhode Island General Laws 23-25-4
• Animal: means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish, and shellfish. See Rhode Island General Laws 23-25-4
• Beneficial insects: means those insects which, during their life cycle, are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial. See Rhode Island General Laws 23-25-4
• Board: means the pesticide advisory board as provided for under Rhode Island General Laws 23-25-4
• Certified commercial applicator: means any commercial applicator who is certified under § 23-25-13 as authorized to purchase, acquire, apply, or supervise the application of a pesticide classified for restricted use by EPA or limited use by the director. See Rhode Island General Laws 23-25-4
• Certified private applicator: means any private applicator who is certified under § 23-25-14 as authorized to purchase, acquire, apply, or supervise the application of any pesticide classified for restricted use by EPA or limited use by the director. See Rhode Island General Laws 23-25-4
• Commercial applicator: means any person (whether or not that person is a private applicator with respect to some uses), including employees of any federal, state, county or municipal agency, department, office, division, section, bureau, board, or commission, who applies or supervises the application of any pesticide for any purpose or on any property other than as provided by the definition of "private applicator". See Rhode Island General Laws 23-25-4
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission. See Rhode Island General Laws 23-25-4
• Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Rhode Island General Laws 23-25-4
• Device: means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than humans and other than bacteria, virus, or other micro-organism on or in living humans or other living animals) but not including equipment used for the application of pesticides when sold separately from it. See Rhode Island General Laws 23-25-4
• Director: means the director of environmental management. See Rhode Island General Laws 23-25-4
• Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver pesticides in this state. See Rhode Island General Laws 23-25-4
• Environment: includes water, air, land, and all plants and humans and other living animals in it, and the interrelationships which exist among these. See Rhode Island General Laws 23-25-4
• EPA: means the United States Environmental Protection Agency. See Rhode Island General Laws 23-25-4
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, Rhode Island General Laws 23-25-4
• Fraud: Intentional deception resulting in injury to another.
• Highly toxic pesticide: means any pesticide determined to be a highly toxic pesticide under the authority of § 25(c)(2) of FIFRA, Rhode Island General Laws 23-25-4
• Imminent hazard: means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings pursuant to § 23-25-8 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the secretary of the interior under Rhode Island General Laws 23-25-4
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Ingredient statement: means :

  (i)  Statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide; and

  (ii)  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. See Rhode Island General Laws 23-25-4

• Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six (6) legged, usually winged forms, as for example, moths, beetles, bugs, bees, flies, and their immature stages, and to other allied classes of anthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice. See Rhode Island General Laws 23-25-4
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. See Rhode Island General Laws 23-25-4
• Labeling: means the label and all other written, printed, or graphic matter:

  (i)  Accompanying the pesticide or device at any time; or

  (ii)  To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of EPA, the United States Departments of Agriculture and Interior, and the department of health and human services; state experiment stations; state agricultural colleges; and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. See Rhode Island General Laws 23-25-4

• Land: means all land and water areas, including airspace, all plants, animals, structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or mobile, including any used for transportation. See Rhode Island General Laws 23-25-4
• Licensed commercial applicator: means any commercial applicator who is licensed under § 23-25-12 as authorized to use or supervise the use of any pesticide not classified for restricted use by EPA or limited use by the director on land not owned or rented by him or her. See Rhode Island General Laws 23-25-4
• Nematode: means invertebrate animals of the phylum Nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms. See Rhode Island General Laws 23-25-4
• Neonicotinoids: means any of a class of systemic water soluble insecticides related to nicotine that affect the central nervous system of insects by selectively binding to the postsynaptic nicotinic receptors of insects thereby causing paralysis and death. See Rhode Island General Laws 23-25-4
• Oath: A promise to tell the truth.
• oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means a written certificate, issued by the director, authorizing the purchase, possession, and/or use of certain pesticides or pesticide uses defined in subdivisions (34) and (35) of this section. See Rhode Island General Laws 23-25-4
• Person: means any individual, partnership, association, fiduciary, corporation, governmental entity, or any organized group of persons whether incorporated or not. See Rhode Island General Laws 23-25-4
• Pest: means :

  (i)  Any insect, rodent, nematode, fungus, or weed; and

  (ii)  Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living humans or other living animals) which the director declares to be a pest under § 23-25-9(a)(1). See Rhode Island General Laws 23-25-4

• Pesticide: means :

  (i)  Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

  (ii)  Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Rhode Island General Laws 23-25-4

• Pesticide dealer: means any person who distributes within the state any pesticide product classified for restricted use by EPA or limited use by the director. See Rhode Island General Laws 23-25-4
• Plant regulator: means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for altering the behavior of plants or the produce of these but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. See Rhode Island General Laws 23-25-4
• Private applicator: means any person who uses or supervises the use of any pesticide for purposes of producing any agricultural commodity on land owned or rented by him or her or his or her employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on land of another person. See Rhode Island General Laws 23-25-4
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registrant: means a person who has registered any pesticide pursuant to the provisions of this chapter. See Rhode Island General Laws 23-25-4
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Restricted use pesticide: means a pesticide or pesticide use that is classified for restricted use by the administrator of EPA, or under § 23-25-6(h). See Rhode Island General Laws 23-25-4
• State limited use pesticide: means any pesticide or pesticide use 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 to prevent unreasonable adverse effects on the environment including humans, land, beneficial insects, animals, crops, and wildlife, other than pests. See Rhode Island General Laws 23-25-4
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Under the direct supervision: means that on-site supervision of any pesticide application by an appropriately certified or licensed applicator who is responsible for the application and is capable of dealing with emergency situations which might occur. See Rhode Island General Laws 23-25-4
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Unreasonable adverse effects on the environment: means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. See Rhode Island General Laws 23-25-4
• Weed: means any plant which grows where not wanted. See Rhode Island General Laws 23-25-4
• Wildlife: means all living things that are neither human nor, as defined in this chapter, pests, including but not limited to mammals, birds, and aquatic life. See Rhode Island General Laws 23-25-4