 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 20. ENVIRONMENT |
|
Chapter 20-22. PESTICIDE CONTROL - GENERAL RULES |
Section 20-2299. DEFINITIONS
-
2299.1When used in this chapter, the following terms shall have the meanings ascribed (definitions that are codified in the relevant Acts are indicated as [Statutory], and are reprinted below for regulatory efficiency):
Accident - an unexpected, undesirable event, caused by the use or presence of a pesticide that adversely affects humans or the environment.
Active ingredient - shall be as follows:
(a)In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that will prevent, destroy, repel, or mitigate any pest;
(b)In the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or maturation, or otherwise alter the behavior of ornamental or crop plants or the product of the plants;
(c)In the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from a plant; and
(d)In the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue. [Statutory]
Adulteration - a pesticide the strength or purity of which falls below the professed standard or quality as expressed in its labeling or under which it is sold, or the total or partial substitution of any substance for the pesticide, or the total or partial abstraction of any valuable constituent of the pesticide. [Statutory]
Agriculture - land whose primary purpose and use is to raise crops. [Statutory]
Agricultural commodity - any plant or part of a plant, or an 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.
Alert - a characteristic change in a dog’s behavior in response to the odor of a pest as interpreted by the dog’s handler.
Animal - all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish, and shellfish. [Statutory]
Biopesticide - a chemical derived from plants, fungi, bacteria, or other non-man-made synthesis that is effective in controlling target pests; or certain microorganisms, including bacteria, fungi, viruses, and protozoa that are effective in controlling target pests. These agents usually do not have toxic effects on animals and people and do not leave toxic or persistent chemical residues in the environment.
Canine scent pest detection team - a unit consisting of a human and a dog that train and work together to detect a target pest.
Certification - the recognition by a certifying agency that a person is competent and is authorized to use or supervise the use of restricted-use pesticides or authorized to perform pest detection for a target pest.
Certified applicator - any individual who is certified by the Department as being competent to use or supervise the use of any restricted-use pesticide or class of restricted-use pesticides covered by his or her certification. [Statutory]
Child-occupied facility - a building or portion of a building which, as part of its function, receives children under the age of 6 years on a regular basis and is required to obtain a certificate of occupancy as a precondition to performing that function, including day care centers, nurseries, pre-school centers, kindergarten classrooms, child development centers, child development homes, child development facilities, child-placing agencies, infant care centers, and similar entities. [Statutory]
Commercial applicator - an individual, whether or not he or she is a private applicator with respect to some uses, who uses or supervises the use of any pesticide that is classified for restricted use for any purpose or on any property other than as provided by the definition of "private applicator." [Statutory]
Competent - properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and the associated responsibility.
DCRA - the District of Columbia Department of Consumer and Regulatory Affairs.
Defoliant - any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. [Statutory]
Department - the District Department of the Environment.
Desiccant - any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. [Statutory]
Device - any instrument or contrivance (other than a firearm) that is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than human and other than bacteria, virus, or other microorganism on or in living humans or other living animals); but not including equipment used for the application of pesticides when sold separately from the pesticides. [Statutory]
Director - the Director of the District Department of the Environment or the Director's designated agent.
Distractor - a non-target odor source placed within a pest scent-detecting dog’s search area.
Distribute - to offer for sale, hold for sale, sell, barter, or trade a commodity. [Statutory]
District - the District of Columbia. [Statutory]
District agency - any District office, department, or agency, including independent agencies, the District of Columbia Water and Sewer Authority, and the Washington Metropolitan Area Transit Authority.
District property - buildings or land owned, leased, or otherwise occupied by the District government. [Statutory]
District restricted-use - a pesticide identified by the Department as requiring additional restrictions for use to prevent a hazard to human health, the environment, or property as set forth in § 2205 of Chapter 22 of this title. [Statutory]
Environment - includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these. [Statutory]
EPA - the United States Environmental Protection Agency.
EPA Administrator - the Administrator of the United States Environmental Protection Agency. [Statutory]
Equipment - any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power, and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in the land. This term shall not include any pressurized hand-sized household apparatus used to apply a pesticide. [Statutory]
Extract - an odor extracted from a target pest for a pest scent-detecting dog to detect.
FIFRA - the Federal Insecticide, Fungicide, and Rodenticide Act, effective April 26, 1910, as amended (7 U.S.C. § 136 et seq.).
Forestry - trees on land that is at least one acre in size and at least 10% occupied by forest trees of any size or formerly having had such tree cover and not currently developed for non-forest use. [Statutory]
Fumigation - the act of releasing or dispensing a toxic chemical agent in such a way that it reaches the organism wholly or primarily in the gaseous state.
Fungus - any non-chlorophyll-bearing thallophyte (any non-chlorophyll-bearing plant of a lower order than mosses and liverworts); for example: rust, smut, mildew, mold, yeast, and bacteria, except those on or in living humans or other animals and those on or in processed food, beverages, or pharmaceuticals. [Statutory]
Hazard - a probability that a given pesticide will have an adverse effect on humans or the environment in a given situation, the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time.
Hide - a container that allows free movement of air containing between five (5) and twenty (20) live target pests or viable eggs.
Inert ingredient - an ingredient that is not active.
Ingredient statement - a statement that contains:
(a)The name and percentage of each active ingredient, and the total percentage of all inert ingredients in the pesticide; and
(b)If the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elemental arsenic.
Insect - any of the numerous small invertebrate animals generally having a body more or less obviously segmented, for the most part belonging to the class insecta, comprising six- (6) legged, usually winged forms (for example, beetles, bugs, bees, and flies). For purposes of Chapters 22 through 25 of this title, the term "insect" also applies to allied classes of arthropods whose members are wingless and usually have more than six (6) legs (for example, spiders, mites, ticks, centipedes, and wood lice). [Statutory]
Integrated pest management or IPM - an effective and environmentally sensitive approach to pest management that relies on a combination of common-sense practices. IPM programs use current, comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used to manage pest damage economically, and with a strong preference for examining a range of cultural, mechanical, biological, and chemical practices and selecting a method presenting the least possible hazard to people, property, and the environment. [Statutory]
Label - the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its container or wrappers. [Statutory]
Labeling - all labels and all other written, printed, or graphic matter:
(a)Accompanying the pesticide or device at any time, or
(b)Accompanying or referring to the pesticide or device except when accurate non-misleading references are made to current official publications of Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides. [Statutory]
Land - all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. [Statutory]
Licensed certified applicator - a pesticide applicator who has completed the requirements for certification and holds a valid District license.
Mayor - the Mayor of the District of Columbia or the Mayor's designee.
Minimum-risk pesticide - a pesticide registered with the Department, but exempt from federal registration under Section 25(b) of FIFRA. [Statutory]
Misbranded - a pesticide is misbranded if its labeling and packaging fail to comply with the provisions of § 2214 of Title 20 of the District of Columbia Municipal Regulations.
Nematode - invertebrate animals 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. [Statutory]
Non-essential - a pesticide that is not critical to managing pests that threaten health, property, or the environment in the District as set forth in § 3 of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; 59 DCR 10166 (August 24, 2012)). [Statutory]
Ornamental - trees, shrubs, and other plantings in and around habitations, generally, but not necessarily, located in urban and suburban areas, including residences, parks, streets, retail outlets, and industrial and institutional buildings.
Person - any individual, partnership, association, corporation, company, joint stock association, or any organized group of people whether incorporated or not, and includes any trustee, receiver, or assignee. [Statutory]
Pest - any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living humans or other living animals) which commonly is considered to be detrimental to humans or their interests or which the Department may declare to be detrimental. [Statutory]
Pesticide - any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. [Statutory]
Pesticide applicator or applicator - an individual who is a commercial applicator, private applicator, public applicator, or registered technician. [Statutory]
Pesticide dealer - any person who distributes to the ultimate user restricted-use pesticides or any pesticide whose use or distribution is further restricted by the Department. [Statutory]
Pesticide operator - shall be:
(a)Any person who owns or manages a pesticide application business in which pesticides are applied upon the lands of another for hire or compensation; or
(b)Except as otherwise provided under the definition of "private applicator," the owner or manager of any commercial firm, business, corporation, or private institution, who directly or through employees uses restricted-use pesticides on property owned, managed, or leased by the commercial firm, business, corporation, or private institution; or
(c)Any District or other governmental agency whose officials or employees apply pesticides as part of their normal duties. [Statutory]
Pesticide registration fee - the fee set for product registration by § 2518 of Title 20 of the District of Columbia Municipal Regulations. [Statutory]
Plant incorporated protectant - pesticidal substances that are intended to be produced and used in a living plant or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. Plant incorporated protectant also includes any inert ingredient contained in the plant, or produce thereof.
Plant regulator - any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, it shall not be required to include any of such of those nutrient mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration. [Statutory]
Private applicator - any individual who uses any restricted-use pesticide for purposes of producing any agricultural commodity on property owned or rented by the individual or his or her employer, or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. [Statutory]
Protective equipment - clothing or any other materials or devices that shield against unintended exposure to pesticides.
Pseudo-scent - a human-made compound that mimics a target pest odor.
Public applicator - a commercial applicator who is authorized to use or supervise the use of pesticides and who is an employee of the District or of a governmental agency. [Statutory]
RCRA - the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), as amended.
Reduced-risk pesticides - any pesticide identified in § 2210 of Title 20 of the District of Columbia Municipal Regulations. [Statutory]
Registered technician - an individual who is registered with the Department, under § 2311 of Title 20, and who works under the direct supervision of a licensed commercial or public applicator, as set forth in § 12(c) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; 59 DCR 10166 (August 24, 2012)).
Registrant - any person who registers any pesticide pursuant to the provisions of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.).
Restricted-use pesticides - any pesticides or pesticide use classified by the EPA Administrator for restricted use; or any pesticide, which when used as directed or in accordance with a commonly recognized practice, the Department determines, subsequent to a hearing, that additional restrictions for that use are necessary in order to prevent a hazard to the applicator or other persons, or to prevent unreasonable adverse effects upon the environment. [Statutory]
School - a public or private facility whose primary purpose is to provide K-12 educational services and includes adjacent or contiguous recreation centers or athletic fields owned or maintained by the educational facility. [Statutory]
Space treatment - the dispersal of insecticides into the air by foggers, misters, aerosol devices, ultra-low volume equipment, or vapor dispensers for the control of flying insects and exposed crawling insects.
Storm sewer - a system of pipes or other conduits which carries or stores intercepted surface runoff, street water, and other wash waters, or drainage, but excludes domestic sewage and industrial wastes.
Under the direct supervision of - unless otherwise prescribed by its labeling or other restrictions imposed by the Department, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent registered technician acting under the instruction and control of a certified applicator who is available if and when needed, even though the certified applicator may not be physically present at the time and place the pesticide is applied. [Statutory]
University - the University of the District of Columbia.
Waterbody - those portions, sections, or segments of waters located within the District that are:
(a)Subject to the ebb and flow of the tide; or
(b)Free flowing, unconfined, and aboveground rivers, streams, or creeks. [Statutory]
Waterbody-contingent property - property within 25 feet of a waterbody. [Statutory]
Weed - any plant that grows where it is not wanted. [Statutory]
