Terms Used In Kansas Statutes > Chapter 1 > Article 4 - General Provisions

• 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.
• Animal: means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish and shellfish. See Kansas Statutes 2-2438a
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Certified applicator: means any individual who is certified under this act to use or supervise the use of any restricted use pesticide which is classified for restricted use by a certified applicator. See Kansas Statutes 2-2438a
• Certified commercial applicator: means a certified applicator, whether or not a private applicator with respect to some uses, who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided in paragraph (2) of this subsection (c). See Kansas Statutes 2-2438a
• Certified private applicator: means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity, (A) on property owned or rented by such person or such person's employer or (B) if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. See Kansas Statutes 2-2438a
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defoliant: means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission. See Kansas Statutes 2-2438a
• Department: means the Kansas department of agriculture of the state of Kansas. See Kansas Statutes 2-2438a
• Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Kansas Statutes 2-2438a
• Equipment: means any ground, water or aerial apparatus, used to apply any pesticide but shall not include any pressurized hand size household apparatus used to apply any pesticide or any equipment, apparatus or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application. See Kansas Statutes 2-2438a
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fungus: means any nonchlorophyll-bearing thallophyte, including, but not limited to, rust, smut, mildew, mold, yeast and bacteria, except those on or in man or other animals and those on or in processed food, beverages or pharmaceuticals. See Kansas Statutes 2-2438a
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insect: means any small invertebrate animal having the body segmented, belonging to the class insecta and other classes of arthropods, including, but not limited to, beetles, bugs, bees, flies, spiders, mites, ticks and centipedes. See Kansas Statutes 2-2438a
• 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.
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Natural resources: means and includes soils, water and any form of terrestrial or aquatic or animal life. See Kansas Statutes 2-2438a
• Nematode: means any unsegmented roundworms of the class nematoda, with elongated, fusiform, or saclike bodies covered with cuticle, inhabiting soil, water, plants or plant parts. See Kansas Statutes 2-2438a
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, partnership, association of persons, corporation or governmental agency. See Kansas Statutes 2-2438a
• Pest: means , but is not limited to, any insect, rodent, nematode, fungus, weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism, except viruses, bacteria or other microorganisms on or in man or other animals, or which the secretary may declare to be a pest. See Kansas Statutes 2-2438a
• Pest control: means the destruction, prevention, repulsion or mitigation of a population, infection or infestation of a pest. See Kansas Statutes 2-2438a
• Pesticide: means , but is not limited to, (1) any substance or mixture of substances used to prevent, destroy, control, repel, attract or mitigate any pest and (2) any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant. See Kansas Statutes 2-2438a
• Pesticide business: means any individual, partnership, association of persons or corporation which applies pesticides to the property of another for compensation. See Kansas Statutes 2-2438a
• Pesticide business licensee: shall mean an individual, business, association of persons or corporation who is licensed or would be required to be licensed under the provisions of Kan. See Kansas Statutes 2-2438a
• Pesticide dealer: means any person who sells a pesticide to another person for application. See Kansas Statutes 2-2438a
• Pesticide management area: means a site or area designated by the secretary pursuant to Kan. See Kansas Statutes 2-2438a
• Pesticide rinsate: means the water contaminated with pesticides from the cleaning of the inside of pesticide containers or pesticide tanks. See Kansas Statutes 2-2438a
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plant regulator: means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of plants but shall not include substances insofar as they are used as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments. See Kansas Statutes 2-2438a
• Property: includes personal and real property. See Kansas Statutes 77-201
• Registered pest control technician: means an uncertified commercial applicator who applies pesticides for wood destroying pest control, for structural pest control, for ornamental pest control, for turf pest control, for interior landscape pest control or for any combination of these types of pest control, and who has received verifiable training. See Kansas Statutes 2-2438a
• Restricted use pesticide: shall mean and include all pesticide uses designated as such by rules and regulations of the secretary. See Kansas Statutes 2-2438a
• Secretary: means the secretary of agriculture. See Kansas Statutes 2-2438a
• Service of process: The service of writs or summonses to the appropriate party.
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Trustee: A person or institution holding and administering property in trust.
• Under the supervision of: means , unless otherwise provided by the labeling of the pesticide product, acting under the instructions and control of another person who is available if and when needed, even though such other person is not physically present at the time and place the act is done. See Kansas Statutes 2-2438a
• Use of any pesticide in a manner inconsistent with its label or labeling: means to use any pesticide in a manner not permitted by the label or labeling. See Kansas Statutes 2-2438a
• Weed: means any plant or part thereof which grows where not wanted. See Kansas Statutes 2-2438a