[Code of Federal Regulations]

[Title 7, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR110.2]



[Page 276-277]

 

                          TITLE 7--AGRICULTURE

 

 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 

       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)

 

PART 110_RECORDKEEPING ON RESTRICTED USE PESTICIDES BY CERTIFIED 

APPLICATORS; SURVEYS AND REPORTS--Table of Contents

 

Sec. 110.2  Definitions.



    As used in this part, the following terms shall be construed, 

respectively, to mean:

    Administrator. The Administrator of the Agricultural Marketing 

Service, United States Department of Agriculture, or any individual to 

whom the Administrator delegates authority to act in his or her behalf.

    Authorized representative. Any person who is authorized to act on 

behalf of the Secretary or a State lead agency for the purpose of 

surveying records required to be kept under this part and enforcing this 

part.

    Certification number. A number issued by EPA or a State to an 

individual who is authorized by EPA or the State to use or supervise the 

use of any restricted use pesticide.

    Certified applicator. Any individual who is certified by EPA or the 

State to use or supervise the use of any restricted use pesticide 

covered by that individual's certification.

    Commercial applicator. A certified applicator, whether or not the 

individual is a private applicator with respect to some uses, who uses 

or supervises the use of any restricted use pesticide for any purpose on 

any property other than as provided by the definition of private 

applicator.

    Comparable. With respect to the records required to be kept under 

this part, similar to those required under EPA-approved State 

certification programs.

    Complainant. The Administrator or an official of a cooperating State 

that deals with pesticide use or health or environmental issues related 

to the pesticide use, who institutes a proceeding pursuant to Sec. 

110.8 of this part.

    EPA. The United States Environmental Protection Agency.

    EPA registration number. The number assigned to a product registered 

with



[[Page 277]]



EPA in accordance with sections 3 or 24c of the Federal Insecticide, 

Fungicide, and Rodenticide Act and implementing regulations, and borne 

on the label of the product.

    Indian governing body. The governing body of any tribe, band, or 

group of Indians subject to the jurisdiction of the United States and 

recognized by the United States as possessing power of self-government.

    Licensed health care professional. A physician, nurse, emergency 

medical technician, or other qualified individual, licensed or certified 

by a State to provide medical treatment.

    Medical emergency. A situation that requires immediate medical 

treatment or first aid to treat possible symptoms of pesticide poisoning 

or exposure.

    Parties. Includes the Administrator or cooperating State agencies 

who institute proceedings against whom such proceedings are instituted, 

under Sec. 110.8 of this part.

    Person. Any individual, corporation, company, association, firm, 

partnership, society, or other legal entity.

    Presiding officer. Any individual designated in writing by the 

Administrator to preside at a proceeding conducted pursuant to Sec. 

110.8 of this part.

    Private applicator. A certified applicator who uses or supervises 

the use of any restricted use pesticide for purposes of producing any 

agricultural commodity:

    (1) On property owned or rented by the applicator or the employer of 

the applicator; or

    (2) If applied without compensation, other than trading of personal 

services between producers of agricultural commodities, on the property 

of another person.

    Record. The legible recording of all required elements under section 

110.3(a) (1) through (6) for the application of a federally restricted 

use pesticide.\1\

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    \1\ Records can be handwritten on individual notes or forms, consist 

of invoices, be computerized, and or be maintained in recordkeeping 

books.

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    Recordkeeping. The recording by the certified applicator, or the 

agent of the certified applicator, of the information required by Sec. 

110.3(a) and (b) concerning each restricted use pesticide application, 

either electronically or manually in writing, and the maintenance of 

such records in a manner accessible to authorized representatives.

    Respondent. The party proceeded against pursuant to Sec. 110.8 of 

this part, restricted use pesticide. A pesticide that is federally 

classified for restricted use under section 3(d)(1)(c) of the Federal 

Insecticide, Fungicide, and Rodenticide Act.

    Secretary. The Secretary of Agriculture, United States Department of 

Agriculture, or any individual to whom the Secretary delegates authority 

to act in his or her behalf.

    State. A State of the United States, the District of Columbia, the 

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 

the Northern Mariana Islands, and any other territory or possession of 

the United States, or an Indian governing body.

    State lead agency. The agency designated by a State to have access 

to the records required to be maintained under this part.

    Supervise. To provide instruction and guidance in the application of 

restricted use pesticides and exercise control over an applicator of 

restricted use pesticides in accordance with standards prescribed by the 

EPA in 40 CFR part 171.



[58 FR 19022, Apr. 9, 1993, as amended at 60 FR 8123, Feb. 10, 1995]