Chapter 620-2 GENERAL
The following definitions shall apply to all Chapters 620-1
through 620-8:
| (a) |
Act--means the
Structural Pest Control Act (Ga. L. 1955, p. 564 and all amendments
thereto). |
| (b) |
Active infestation of
termites-means any infestation of termites that is capable of continued attack
on a structure. |
| (c) |
Adjacent
outside areas--means outside areas contiguous to the structure(s) being
treated. |
| (d) |
Alternate application
technique--means an alternate method of application of termiticide which has
been approved by the Commission; and has efficacy data supporting the use of
such application technique reviewed and accepted by the Commission; and which
is used in a manner consistent with the label and labeling of the termiticide
being applied. The Commission, at its discretion, may accept, reject, cancel,
suspend or modify any application, at any time, for approval as an alternate
application technique. |
| (e) |
Applicant--means any person, firm, corporation or other business entity making
application to engage in any operations or to become certified or registered
under the provision of the Act. |
| (f) |
Bait and Baiting System--means any substance or mixture of substances and
devices used for delivery of the substance(s) used as an attractant or food
source for the purpose of controlling targeted pests consistent with the
product's label and labeling directions. |
| (g) |
Bond--means a written instrument issued
or executed by a bonding, surety, or insurance company licensed to do business
in this State, or otherwise approved by the Commission, guaranteeing the
fulfillment of the agreement between the licensee or business entity and his
customer. It is a Surety Bond issued by a third party and does not include any
warranty or guaranty only between the licensee and the customer. |
| (h) |
Computer Based Training - means any
prerecorded or static presentation or session where there is no real time
interaction with the speaker. |
| (i) |
Cellulosic Material--means any material containing cellulose found in a crawl
space that could reasonably be expected to support or contribute to an
infestation of termites. |
| (j) |
Certified Operator--means any person who has been determined competent to use
or supervise the use of pesticides, including restricted use pesticides or
pesticides with State restricted uses as defined in this Act in the
category(ies) of Structural Pest Control in which he is currently
certified. |
| (k) |
Commission--means
the Structural Pest Control Commission. |
| (l) |
Commissioner--means the Commissioner of
Agriculture of the Georgia Department of Agriculture. |
| (m) |
Designated Certified Operator--means a
person who is currently certified in one or more of the Structural Pest Control
categories and who has been designated by a Licensee as being responsible for
the pest control and reporting activities of said Licensee in the category(ies)
in which he is certified. |
| (n) |
Device--means any piece of equipment of any form designed for the control of
any pest when used in strict accordance with the device's label and labeling
directions. |
| (o) |
Employee--means any
person employed by a Licensee who is engaged in any phase of pest control. It
does not include clerical, janitorial or other employees performing work
unrelated to the actual evaluation or control of pest problems. |
| (p) |
Enforcement Agency--means the Georgia
Department of Agriculture. |
| (q) |
Experience Relating to Service--means experience involving the inspection,
application or direct supervision of the application of measures to control
pests in each of the categories of Structural Pest Control. |
| (r) |
Fumigant--means any substance or
combination of substances which emits or liberates a gas, fume, or vapor and
which is applied for the purpose of destroying insects, rodents or other pests
in Structural Pest Control. |
| (s) |
Household Pest Control--means the use of any pesticide or device to control
pests, including birds, that commonly enter structures, nest on or in
structures, or invade structures. It does not include the control of mammals
with the exception of commensal rodents and squirrels. |
| (t) |
Insecticide--means any substance or
mixture of substances applied for the purpose of destroying or controlling
insects or related pests. |
| (u) |
Labeling--means the written, printed or graphic matter on, attached to, or
accompanying the pesticide or device, as well as any such material to which
reference is made on the label or other written matter accompanying the
pesticide or device. |
| (v) |
Licensee--means a business entity which holds a valid license to engage in the
business of Structural Pest Control, subject to the provisions of the Act,
provided; no licensee shall operate under more than one name, and a separate
license shall be required for each different name under which a business entity
operates. The Commission may reject a name, if in its opinion, it is likely to
be confused with a previously issued licensee name or if it would be in
violation of any state or federal requirements. |
| (w) |
Non-Repellent Pesticide--means a type of
pesticide that does not limit or restrict the movement of targeted pests
through a treated area or does not deter the targeted pest from consuming a
bait containing the pesticide. |
| (x) |
Office--means any office of a Licensee which has one or more registered
employees regularly engaged in any phase of Structural Pest Control under the
charge of a Designated Certified Operator. |
| (y) |
Partial Treatment--means the application
of a pesticide and/or device, for the control of wood destroying organisms, to
a limited and defined area of a structure. Such application may be made in
conjunction with other approved control procedures. Such application shall be
made at the volumes and concentrations specified on the products label and
labeling. |
| (z) |
Pesticide--for the
purpose of this Act, the term "pesticide" shall be limited to: attractants,
fumigants, fungicides, insecticides, repellents and rodenticides. |
| (aa) |
Reasonable Amount of Time--means the
production of records required to be kept or kept in the normal course of
business within 48 hours when requested by the Commission, Commissioner or the
authorized representative of the Commissioner. However, in cases of accidental
poisonings of humans or domestic animals or in cases of environmental
contamination, the requested records may be required to be produced
immediately. |
| (ab) |
Registered
Employee--means any employee, at least eighteen (18) years of age, registered
under the provisions of the Act. |
| (ac) |
Repellent--means any substance which may
or may not be toxic to pests, but is generally employed for the purpose of
preventing the entrance or attack of pests. |
| (ad) |
Restricted Use Pesticide--means any
pesticide as defined in this rule whose label bears one or more uses which have
been classified as restricted by the Administrator of EPA or any use of a
pesticide which, when used in accordance with the label or widespread and
common practice, the Commissioner determines, after hearing, requires
additional restrictions to protect the environment, including man, lands,
beneficial insects, and any animal, crop or wildlife which is not a
pest. |
| (ae) |
Retreatment For Termite
Control--means the complete retreatment or partial treatment, at the required
concentrations and volumes of termiticide to the minimum standards specified in
Rule 620-6, of all areas of at least ten (10) feet in either direction from the
point of any and all areas of termite reinfestation except as defined in Rule
620-6-.07(5). |
| (af) |
Rodenticide--means any substance used to
destroy or control rodents. |
| (ag) |
School--means any school, public or private, or licensed child daycare center.
A school does not include colleges, universities, home schools, trade or adult
education facilities. |
| (ah) |
Secretary--means the Commissioner of Agriculture of the State of
Georgia. |
| (ai) |
Service
container--means any container used to hold, store, or transport a pesticide
concentrate or a pesticide use-dilution mixture, other than the original
labeled container in which the product was distributed or sold, the measuring
device, or the application device. |
| (aj) |
Structural Pest Control--means the
control of household pests and wood destroying organisms including the making
of inspections, the identification of pest infestations or infections, the
application of pesticides or other substances and the use of mechanical devices
or structural modifications for the purpose of preventing, controlling or
eradicating pests in household structures, commercial buildings and other
structures, including adjacent outside areas, as well as all phases of
structural fumigation and the fumigation of railroad cars, trucks, ships and
airplanes. |
| (ak) |
Sub-office--means
any office of a licensee having only one (1) registered employee who is under
the charge of a Designated Certified Operator in a licensed office. |
| (al) |
Telephone Answering Service--means any
office of a licensee having no registered employee. |
| (am) |
Under the Direct Supervision of--unless
otherwise prescribed by its labeling or regulations of the Commissioner, a
pesticide shall be considered to be applied under the direct supervision of a
Certified Operator if it is applied by a competent person acting under the
instructions and control of a Certified Operator who is available within a
reasonable time through conventional means of communication, if and when
needed, even though the Certified Operator is not physically present at the
time and place the pesticide is applied. |
