Terms Used In Tennessee Code > Title 62 > Chapter 21 - Tennessee Application of Pesticides Act of 1978

• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Branch office: means any location other than the principal base of operation from which a pest control firm carries out its pest control activities. See Tennessee Code 62-21-102
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Category: means an area of licensing or certification for which commercial pest control operators or restricted use applicators are qualified. See Tennessee Code 62-21-102
• 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. See Tennessee Code 62-21-102
• 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. See Tennessee Code 62-21-102
• Charter: means an instrument issued by the department, authorizing a person, firm or corporation to engage in the business of commercial pest control operations. See Tennessee Code 62-21-102
• Child: means :
  (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
• 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. See Tennessee Code 62-21-102
• Commissioner: means the commissioner of agriculture. See Tennessee Code 62-21-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
• Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
• Custom application of pesticides: means the application of pesticides for a fee. See Tennessee Code 62-21-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of agriculture. See Tennessee Code 62-21-102
• Department: means the department of children's services. See Tennessee Code 37-1-102
• Dependent: A person dependent for support upon another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fraud: Intentional deception resulting in injury to another.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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. See Tennessee Code 62-21-102
• Licensee: means any person duly licensed under this chapter. See Tennessee Code 62-21-102
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• 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. See Tennessee Code 62-21-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• 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. See Tennessee Code 62-21-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prevention: means the prevention of conditions conducive to termite harborage or activity, or both, by advice of a licensed operator. See Tennessee Code 62-21-102
• 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. See Tennessee Code 62-21-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Recertification: means the reauthorization every three (3) years by the commissioner to use, supervise the use of, buy or sell restricted use pesticides. See Tennessee Code 62-21-102
• Registration: means an instrument authorizing a person to act as solicitor, salesperson or agent for a chartered pest control business. See Tennessee Code 62-21-102
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• 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. See Tennessee Code 62-21-102
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• 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. See Tennessee Code 62-21-102
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105