206.2 - DEFINITIONS.
206.2 DEFINITIONS.
When used in this chapter:
1. The term "active ingredient" means:
a. In the case of a pesticide other than a plant growth
regulator, defoliant or desiccant, an ingredient which will prevent,
destroy, repel, or mitigate insects, nematodes, fungi, rodents,
weeds, or other pests.
b. In the case of a plant growth regulator, an ingredient
which, through physiological action, will accelerate or retard the
rate of growth or rate of maturation or otherwise alter the behavior
of ornamental or crop plants or the produce thereof.
c. In the case of a defoliant, an ingredient which will cause
the leaves or foliage to drop from a plant.
d. In the case of a desiccant, an ingredient which will
artificially accelerate the drying of plant tissue.
2. The term "adulterated" shall apply to any pesticide if its
strength or purity falls below the professed standard or quality as
expressed on labeling or under which it is sold, or if any substance
has been substituted wholly or in part for the article, or if any
valuable constituent of the article has been wholly or in part
abstracted.
3. The term "antidote" means the most practical immediate
treatment in case of poisoning and includes first aid treatment.
4. "Certified applicator" means any individual who is
certified under this chapter as authorized to use any pesticide.
5. "Certified commercial applicator" means a pesticide
applicator or individual who applies or uses a pesticide or device on
any property of another for compensation.
6. "Certified private applicator" means a certified
applicator who uses or supervises the use of any pesticide which is
classified for restricted use on property owned or rented by the
applicator or the applicator's employer or, if applied without
compensation other than trading of personal services between
producers of agricultural commodities, on the property of another
person.
7. "Chlordane" means 1,2,4,5,6,7,8,8-
octachloro-4,7-methano-3a,4,7,7a-
tetrahydroindane; Octa klor: 1068; Velsicol
1068; Dowklor.
8. "Commercial applicator" means a person, corporation, or
employee of a person or corporation who enters into a contract or an
agreement for the sake of monetary payment and agrees to perform a
service by applying a pesticide but does not include a farmer trading
work with another, a person employed by a farmer not solely as a
pesticide applicator who applies pesticide as an incidental part of
the person's general duties, or a person who applies pesticide as an
incidental part of a custom farming operation.
9. "Department" means the department of agriculture and land
stewardship.
10. The term "device" means any instrument or contrivance
intended for trapping, destroying, repelling, or mitigating insects,
birds, or rodents or destroying, repelling, or mitigating fungi,
nematodes, weeds or such other pests as may be designated by the
secretary, but not including equipment used for the application of
pesticides when sold separately therefrom.
11. The term "distribute" means to offer for sale, hold for
sale, sell, barter, or supply pesticides in this state.
12. "Financial institution" means a bank or savings and loan
association authorized by this state or by the laws of the United
States, which is a member of the federal deposit insurance
corporation or the federal savings and loan insurance corporation.
13. The term "hazard" means a probability that a given
pesticide will have an adverse effect on man 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.
14. The term "inert ingredient" means an ingredient which is
not an active ingredient.
15. The term "ingredient statement" means either:
a. A statement of the name and percentage by weight of each
active ingredient, together with the total percentage of the inert
ingredients, in the pesticide.
b. 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.
16. The term "label" means the written, printed, or graphic
matter on, or attached to, the pesticide or device, or the immediate
container thereof, and the outside container or wrapper of the retail
package, if any there be, of the pesticide or device.
17. The term "labeling" means all labels and other written,
printed or graphic matter:
a. Upon the pesticide or device or any of its containers or
wrappers.
b. Accompanying the pesticide or device at any time.
c. To which reference is made on the label or in literature
accompanying the pesticide or device, except when accurate,
nonmisleading reference is made to current official publications of
the United States department of agriculture or interior, the United
States public health service, the state agricultural experiment
stations, the Iowa state university, the Iowa department of public
health, the department of natural resources, or other similar federal
institutions or official agencies of this state or other states
authorized by law to conduct research in the field of pesticides.
18. The term "misbranded" shall apply:
a. To any pesticide or device if its labeling bears any
statement, design or graphic representation relative thereto or to
its ingredients which is false or misleading in any particular.
b. To any pesticide:
(1) If it is an imitation of or is offered for sale under the
name of another pesticide.
(2) If its labeling bears any reference to registration under
this chapter, when not so registered.
(3) If the labeling accompanying it does not contain directions
for use which are necessary and if complied with adequate for the
protection of the public.
(4) If the label does not contain a warning or caution statement
which may be necessary and if complied with adequate to prevent
injury to living persons and other vertebrate animals.
(5) If the label does not bear an ingredient statement on that
part of the immediate container and on the outside container or
wrapper, if there is to be one, through which the ingredient
statement on the immediate container cannot be clearly read, of the
retail package which is presented or displayed under customary
conditions of purchase.
(6) If any word, statement, or other information required by or
under authority of this chapter to appear on the label or labeling is
not prominently placed thereon with such conspicuousness as compared
with other words, statements, designs, or graphic matter in the
labeling and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use.
(7) If in the case of an insecticide, nematocide, fungicide, or
herbicide when used as directed or in accordance with commonly
recognized practice it shall be injurious to living persons or other
vertebrate animals, or vegetation, except weeds, to which it is
applied, or to the person applying such pesticide.
(8) If in the case of a plant growth regulator, defoliant, or
desiccant when used as directed it shall be injurious to living man
or other vertebrate animals, or vegetation to which it is applied, or
to the person applying such pesticide; provided, that physical or
physiological effects on plants or parts thereof shall not be deemed
to be injury, when this is the purpose for which the plant growth
regulator, defoliant, or desiccant was applied, in accordance with
the label claims and recommendations.
19. The term "permit" means a written certificate, issued by
the secretary or the secretary's agent under rules adopted by the
department authorizing the use of certain state restricted use
pesticides.
20. The term "person" means any individual, partnership,
association, corporation, or organized group of persons whether
incorporated or not.
21. The term "pesticide" shall mean (a) any substance or
mixture of substances intended for preventing, destroying, repelling,
or mitigating directly or indirectly any insects, rodents, nematodes,
fungi, weeds, and other forms of plant or animal life or viruses,
except viruses on or in living persons, which the secretary shall
declare to be a pest, and (b) any substances intended for use as
a plant growth regulator, defoliant, or desiccant.
22. The term "pesticide dealer" means any person who
distributes restricted use pesticides; pesticide for use by
commercial or public pesticide applicators; or general use pesticides
labeled for agricultural or lawn and garden use with the exception of
dealers whose gross annual pesticide sales are less than ten thousand
dollars for each business location owned or operated by the dealer.
23. The term "plant growth 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 otherwise altering the behavior of ornamental or crop 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.
24. "Poison control center" means an entity existing as part
of a hospital licensed under chapter 135B which is an institutional
member of the American association of poison control centers.
25. "Public applicator" means an individual who applies
pesticides as an employee of a state agency, county, municipal
corporation, or other governmental agency. This term does not
include employees who work only under the direct supervision of a
public applicator.
26. The term "registrant" means the person registering any
pesticide or device or who has obtained a certificate of license from
the department pursuant to the provisions of this chapter.
27. The term "restricted use pesticide" means any pesticide
restricted as to use by rule of the secretary as adopted under
section 206.20.
28. "State restricted use pesticide" means a pesticide which
is restricted for sale, use, or distribution under section 455B.491.
29. "Toxic to humans" means not generally recognized as safe
as provided by the United States food and drug administration
pursuant to 21 C.F.R. pt. 182.
30. The term "under the direct supervision of" means the act
or process whereby the application of a pesticide is made by a
competent person acting under the instructions and control of a
certified applicator or a state licensed commercial applicator who is
available if and when needed, even though such certified applicator
is not physically present at the time and place the pesticide is
applied.
31. The term "unreasonable adverse effects on the
environment" means any unreasonable risk to man or the environment,
taking into account the economic, social and environmental costs and
benefits of the use of any pesticide. Section History: Early Form
[C24, 27, 31, 35, 39, § 3182; C46, 50, 54, 58, 62, § 206.1;
C66, 71, 73, 75, 77, 79, 81, § 206.2] Section History: Recent Form
83 Acts, ch 101, § 34; 86 Acts, ch 1245, § 643; 87 Acts, ch 225, §
209--213; 87 Acts, ch 177, § 1; 88 Acts, ch 1197, § 1; 91 Acts, ch
124, §2; 92 Acts, ch 1020, §1; 92 Acts, ch 1112, §1; 95 Acts, ch 172,
§ 1; 2003 Acts, ch 86, §1, 3
Referred to in § 139A.21, 161.2, 202.1, 206.31, 455B.491,
455B.602, 570A.1, 579B.1
Further definitions, see § 189.1