TCA § 62-21-102 — Chapter definitions

As used in this chapter, unless the context otherwise requires: “Adjuvant” means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used; “Branch office” means any location other than the principal base of operation from which a pest control firm carries out its pest control activities. The maintenance of personnel and equipment at these locations where pest control activities are carried out constitutes a branch office under this chapter; “Category” means an area of licensing or certification for which commercial pest control operators or restricted use applicators are qualified; “Certification” means the authorization by the commissioner to use, supervise the use of, buy or sell restricted use pesticides or to issue a wood destroying insect infestation inspection report; “Certified applicator” means any individual who is certified by the commissioner as authorized to use, buy, sell or supervise the use of restricted use pesticides; “Charter” means an instrument issued by the department, authorizing a person, firm or corporation to engage in the business of commercial pest control operations; “Commercial pest control operator” means a person or business entity who engages in the custom application of pesticides or inspection of real property for the purpose of issuing a wood destroying insect infestation inspection report and who has demonstrated to the satisfaction of the commissioner the person's qualifications to design and direct pest control and inspection operations; “Commissioner” means the commissioner of agriculture; “Custom application of pesticides” means the application of pesticides for a fee; “Department” means the department of agriculture; “Labeling” means all labels and written, printed or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label and the pesticide must be used consistent with the label; “Licensee” means any person duly licensed under this chapter; “Office” means point of headquarters or location of the principal operation of a pest control firm or a point or location where branch offices are supervised; “Pesticide” means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner declares to be a pest. This includes, but is not limited to, insecticides, fungicides, bacteriacides, herbicides, desiccants, defoliants, adjuvants or nematocides; “Prevention” means the prevention of conditions conducive to termite harborage or activity, or both, by advice of a licensed operator; “Private applicator” means an individual who uses, supervises the use of or buys any pesticide that is classified for restricted use for purposes of producing an agricultural commodity on property owned or rented by the individual or the individual's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person; “Recertification” means the reauthorization every three (3) years by the commissioner to use, supervise the use of, buy or sell restricted use pesticides; “Registration” means an instrument authorizing a person to act as solicitor, salesperson or agent for a chartered pest control business; “Restricted use applicator” means a person who uses or supervises the use of, sells or buys restricted use pesticides for any use or for use on any property other than as defined under private applicator or commercial pest control operator; “Restricted use pesticide” means any pesticide, the efficacy data on which indicates it may have adverse effect on people or the environment, or both; “Termite warranty without initial chemical treatment” means any agreement entered into between a chartered commercial pest control operator and any other person or entity for the purpose of termite prevention or control for any structure or building, regardless of any initial chemical application for prevention or control to the property; “Under the direct supervision” means any application or sale of a pesticide by a certified applicator acting under the instructions and control of a private applicator, commercial applicator or commercial pest control operator who is available if and when needed, if the applicator or operator is physically present or in direct communication by conventional means of communication; and “Wood destroying insect infestation inspection report” means a report written by a chartered commercial pest control operator employing a person licensed in the category of wood destroying organisms. The report shall indicate the presence or absence of visible wood destroying insects and the presence or absence of visible damage caused by the insects and shall be issued after an on-site inspection of the property.