Maine Revised Statutes > Title 7 > Part 2 > Chapter 103 > Subchapter 2-A – Maine Pesticide Control Act of 1975
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Terms Used In Maine Revised Statutes > Title 7 > Part 2 > Chapter 103 > Subchapter 2-A - Maine Pesticide Control Act of 1975
- Active ingredient: means any ingredient that will prevent, destroy, repel, control or mitigate pests or that will act as a plant regulator, defoliant or desiccant. See Maine Revised Statutes Title 7 Sec. 604
- Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 19-A Sec. 101
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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 humans and other mammals, birds, fish and shellfish. See Maine Revised Statutes Title 7 Sec. 604
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Beneficial insects: means those insects that, during their life cycle, are effective pollinators of plants, are parasites or predators of pests or are otherwise beneficial. See Maine Revised Statutes Title 7 Sec. 604
- Board: means a bureau, board or commission listed in Title 10, section 8001 or 8001?A, other licensor that is affiliated with or is a part of the Department of Professional and Financial Regulation, the Board of Overseers of the Bar or any other state agency or municipality that issues a license authorizing a person to engage in a business, occupation, profession or industry and any state agency, bureau, board, commission or municipality that issues a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity. See Maine Revised Statutes Title 19-A Sec. 2101
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Custodial parent: means a parent, caretaker relative or legal custodian of a dependent child who is the child's primary residential care provider. See Maine Revised Statutes Title 19-A Sec. 2101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Maine Revised Statutes Title 7 Sec. 604
- Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101
- Dependent: A person dependent for support upon another.
- Dependent child: means any minor child who is not emancipated. See Maine Revised Statutes Title 19-A Sec. 2101
- Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Maine Revised Statutes Title 7 Sec. 604
- Device: means any instrument or contrivance, other than a firearm, that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than a human being and other than a bacterium, virus or other microorganism on or in a living human being or other living animal. See Maine Revised Statutes Title 7 Sec. 604
- Disposable earnings: means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld. See Maine Revised Statutes Title 19-A Sec. 2101
- Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver pesticides in this State. See Maine Revised Statutes Title 7 Sec. 604
- Earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and all gain derived from capital, from labor or from both combined, including profit gained through sale or conversion of capital assets, and unemployment compensation benefits and workers' compensation benefits. See Maine Revised Statutes Title 19-A Sec. 2101
- Environment: includes water, air and land and all plants and human beings and other animals living therein and the interrelationships that exist among these. See Maine Revised Statutes Title 7 Sec. 604
- EPA: means the United States Environmental Protection Agency. See Maine Revised Statutes Title 7 Sec. 604
- 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.
- Fiduciary: A trustee, executor, or administrator.
- FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act. See Maine Revised Statutes Title 7 Sec. 604
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fungi: means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts, including but not limited to rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living human beings or other living animals, and except those in or on processed food, beverages or pharmaceuticals. See Maine Revised Statutes Title 7 Sec. 604
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Highly toxic pesticide: means any pesticide determined to be a highly toxic pesticide under FIFRA, Section 25(c)(2) or by the board under section 610, subsection 1, paragraph B. See Maine Revised Statutes Title 7 Sec. 604
- Imminent hazard: means a situation that exists when the continued use of a pesticide during the time required for cancellation proceedings pursuant to section 609 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the United States Secretary of the Interior under United States Public Law 91-135. See Maine Revised Statutes Title 7 Sec. 604
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Inert ingredient: means an ingredient that is not an active ingredient. See Maine Revised Statutes Title 7 Sec. 604
- Ingredient statement: means a statement of the following:
A. See Maine Revised Statutes Title 7 Sec. 604Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising 6-legged, usually winged forms, including but not limited to beetles, bugs, bees and flies, and to other allied classes or arthropods whose members are wingless and usually have more than 6 legs, including but not limited to spiders, mites, ticks, centipedes and wood lice. See Maine Revised Statutes Title 7 Sec. 604 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. Label: means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. See Maine Revised Statutes Title 7 Sec. 604 Labeling: means the label and all other written, printed or graphic matter:
A. See Maine Revised Statutes Title 7 Sec. 604Land: means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. See Maine Revised Statutes Title 7 Sec. 604 Lien: A claim against real or personal property in satisfaction of a debt. Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Medical support: means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise or for other medical costs not covered by insurance. See Maine Revised Statutes Title 19-A Sec. 1501 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Nematode: means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented roundworms with elongated fusiform or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; nematodes may also be called nemas or eelworms. See Maine Revised Statutes Title 7 Sec. 604 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Obligee: means any person to whom a duty of support is owed. See Maine Revised Statutes Title 19-A Sec. 101 Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101 Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101 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, fiduciary, corporation or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 7 Sec. 604 Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101 Personal property: All property that is not real property. Pest: means any insects, rodents, nematodes, fungi, weeds, and other forms of terrestrial or aquatic plant or animal life or viruses, bacteria or other microorganisms, except viruses, bacteria or other microorganisms on or in living human beings or other living animals, that the commissioner declares to be a pest under section 610, subsection 1, paragraph A. See Maine Revised Statutes Title 7 Sec. 604 Pesticide: includes a highly toxic pesticide. See Maine Revised Statutes Title 7 Sec. 604 Plant 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 plants or the produce thereof. See Maine Revised Statutes Title 7 Sec. 604 Plant-incorporated protectant: means a pesticidal substance that is produced and used in a living plant through genetic engineering and the genetic material necessary for the production of the pesticidal substance. See Maine Revised Statutes Title 7 Sec. 604 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Probable cause: A reasonable ground for belief that the offender violated a specific law. Protect health and the environment: means to protect against any unreasonable adverse effects on the environment. See Maine Revised Statutes Title 7 Sec. 604 Public assistance: means money payments and medical care furnished to or on behalf of dependent children by the State. See Maine Revised Statutes Title 19-A Sec. 2101 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Registrant: means a person who has registered any pesticide pursuant to the provisions of this subchapter. See Maine Revised Statutes Title 7 Sec. 604 Registration: includes reregistration. See Maine Revised Statutes Title 7 Sec. 604 Remand: When an appellate court sends a case back to a lower court for further proceedings. Responsible parent: means the parent of a dependent child. See Maine Revised Statutes Title 19-A Sec. 2101 Restricted use pesticide: means any pesticide or pesticide use classified for restricted use by the EPA Administrator. See Maine Revised Statutes Title 7 Sec. 604 Rodent: means any member of the animal group of the order rodentia, including but not limited to rats, mice, gophers, porcupines and squirrels. See Maine Revised Statutes Title 7 Sec. 604 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Spray adjuvant: means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier or similar agent that is intended to be used with any other pesticide as an aid to the application or the effect of it and that is in a package or container separate from that of the other pesticide. See Maine Revised Statutes Title 7 Sec. 604 state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 19-A Sec. 2101 Testimony: Evidence presented orally by witnesses during trials or before grand juries. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Unreasonable adverse effects on the environment: means any unreasonable risk to human beings or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide. See Maine Revised Statutes Title 7 Sec. 604 Weed: means any plant that grows where it is not wanted. See Maine Revised Statutes Title 7 Sec. 604 Wildlife: means all living things that are neither human, domesticated nor, as defined in this subchapter, pests, including but not limited to mammals, birds and aquatic life. See Maine Revised Statutes Title 7 Sec. 604 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72