Terms Used In West Virginia Code > Chapter 19 > Article 16A - West Virginia Pesticide Control Act

• Active ingredient: means :

  (A) In the case of pesticides other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, nematodes, fungi, rodents, weeds or other pests. See West Virginia Code 19-16A-3

• Adulterated: means when the strength or purity of any pesticide falls below or is in excess of the professed standard or quality as expressed on labeling 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. See West Virginia Code 19-16A-3
• Animal: means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish and shell fish. See West Virginia Code 19-16A-3
• Antidote: means the most practical immediate treatment in case of poisoning and includes first-aid treatment. See West Virginia Code 19-16A-3
• Certified applicator: means any person who is certified under this article to use or supervise the use of any restricted use pesticides or general use pesticides for hire. See West Virginia Code 19-16A-3
• Certified public applicator: means a licensed applicator who applies "restricted use pesticides or general use pesticides for hire" as an employee of a state agency, municipal corporation or other governmental agency. See West Virginia Code 19-16A-3
• Commercial applicator: means a certified applicator (whether or not he or she is 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 defined under the definition of "private applicator". See West Virginia Code 19-16A-3
• Commissioner: means the commissioner of agriculture of the State of West Virginia and his or her duly authorized representatives. See West Virginia Code 19-16A-3
• 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.
• 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 of foliage to drop from a plant, with or without causing abscission. See West Virginia Code 19-16A-3
• Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See West Virginia Code 19-16A-3
• Device: means any instrument or contrivance (other than a firearm) intended for trapping, destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi, nematodes or such other pests as may be designated by the commissioner, but not including treated wood products or equipment used for the application of pesticides when sold separately therefrom. See West Virginia Code 19-16A-3
• Direct supervision: means that unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the verifiable instructions and control of a certified applicator who is available when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. See West Virginia Code 19-16A-3
• Environment: includes water, air, land and all plants and man and other animals living therein, and the interrelationships which exist among these. See West Virginia Code 19-16A-3
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fungicide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi or plant disease. See West Virginia Code 19-16A-3
• Fungus: means any nonchlorophyll-bearing thallophytes (that is, any nonchlorophyll-bearing plant of a lower order than mosses and liverworts), as, for example, rust, smut, mildew, mold, yeast, bacteria and virus, except those on or in living man or other animals and except those on or in processed food, beverages or pharmaceuticals. See West Virginia Code 19-16A-3
• Herbicide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. See West Virginia Code 19-16A-3
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Ingredient statement: means a statement of the name of each active ingredient, together with the name of each and total percentage of the inert ingredients, if any, in the pesticide, and in case the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic. See West Virginia Code 19-16A-3
• 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 six-legged, either winged or wingless forms, as, for example, beetles, bugs, bees, flies, aphids and termites, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes and wood lice. See West Virginia Code 19-16A-3
• Insecticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever. See West Virginia Code 19-16A-3
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• 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 the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide or device. See West Virginia Code 19-16A-3
• Labeling: means all labels and other written, printed, graphic matter or advertising:

  (A) Upon the pesticide or device or any of its containers or wrappers. See West Virginia Code 19-16A-3

• Land: 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 West Virginia Code 19-16A-3
• Lien: A claim against real or personal property in satisfaction of a debt.
• Misbranded: means 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. See West Virginia Code 19-16A-3
• Nematocide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes. See West Virginia Code 19-16A-3
• Nematode: means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform or sac like bodies covered with cuticle and inhabiting soil, water, plants or plant parts. See West Virginia Code 19-16A-3
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• 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.
• Permit: means a written certificate, issued by the commissioner authorizing the use of certain restricted use pesticides or state restricted use pesticides. See West Virginia Code 19-16A-3
• Person: means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. See West Virginia Code 19-16A-3
• Pest: means 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 living man or other living animals) which is declared to be a pest by the commissioner. See West Virginia Code 19-16A-3
• Pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any undesirable insects, rodents, nematodes, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals or which the commissioner may declare to be a pest and any substance or mixture of substances intended for use as a plant regulator, defoliant, desiccant or herbicide. See West Virginia Code 19-16A-3
• Pesticide application business: means any person who owns or manages a pesticide application business which is engaged in the business of applying pesticides upon the lands of another (whether such person applies restricted use pesticides or other pesticides) and means each place for which the business of applying pesticides for hire is carried on, including a branch office, franchise location, suboffice or worker location of a larger business entity. See West Virginia Code 19-16A-3
• Pesticide business: means any person engaged in the business of distributing, applying or recommending the use of a product, storing, selling or offering for sale pesticides for distribution to the user. See West Virginia Code 19-16A-3
• 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 ornamental or crop plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments. See West Virginia Code 19-16A-3
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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 on property owned or rented by him or her or his or her employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on property of another person. See West Virginia Code 19-16A-3
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registered technician: means an individual who renders services similar to those of a certified commercial applicator, but who has not completed all the training or time in service requirements to be eligible for examination as a commercial applicator and is limited to application of general use pesticides. See West Virginia Code 19-16A-3
• Registrant: means the person registering any pesticide pursuant to the provisions of this article. See West Virginia Code 19-16A-3
• Restricted use pesticide: means any pesticide classified for restricted use by the administrator, United States environmental protection agency or any pesticide declared to be state restricted by the commissioner. See West Virginia Code 19-16A-3
• Rodenticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any undesirable rodents or any other vertebrate animals or others which the commissioner may declare to be a pest. See West Virginia Code 19-16A-3
• Serious violation: means a violation of this article or rule promulgated by the commissioner where there is a substantial probability that death or serious physical harm to persons, serious harm to property or serious harm to the environment could have resulted from the violation unless the person or licensee did not or could not with the exercise of reasonable diligence know of the violation. See West Virginia Code 19-16A-3
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• 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. See West Virginia Code 19-16A-3
• Weed: means any plant which grows where not wanted. See West Virginia Code 19-16A-3
• Wildlife: means all living things that are neither human, domesticated nor, as defined in this article, pests, including, but not limited to, mammals, birds and aquatic life. See West Virginia Code 19-16A-3