Section 0080-09-04-.02 - DEFINITIONS(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Application of Pesticides Act of 1978, T.C.A. §§ 62-21-101, et seq.(2) When used in the Act or this chapter, unless the context requires otherwise:(a) Act means the Tennessee Application of Pesticides Act of 1978, compiled at T.C.A. §§ 62-21-101, et seq.;(b) Domiciled and resident at or near the office and supervising on a regular routine work basis under the Act means that a licensee lives within a proximity and reports to the office at a frequency approved by the charter holder as sufficient to oversee operations and needs of the office;(c) Engages in the business of commercial pest control means the advertisement, offer, or sale of: 1. Pesticide applications for a fee to control identified pests, or2. Inspections for wood destroying organisms;(d) Fee means financial or other consideration that is paid or charged for a service;(e) Fumigation means the application of gas even if the substance that is applied is originally a solid or liquid that later turns to gas upon being dispensed;(f) Non-clerical employee means any person engaged in work incident to the handling, transportation, or application of pesticides. Clerical employee means any person engaged solely in office work related to routine documentation and administrative tasks of a business. For purposes of the Act and this chapter, all employees of a pesticide charter holder are either clerical or non-clerical employees but not both;(g) Person means an individual, partnership, corporation, or any other form of legal entity; and,(h) Pest or disease means any insect, rodent, fungi, bacteria, plant life, or biotic agent that is injurious either to the environment or to the agricultural, horticultural, silvicultural, or other interests of the state. Pest or disease includes insect pests and plant diseases as defined under the Tennessee Plant Pest Act, compiled at T.C.A. §§ 43-6-101, et seq., and may also include any form of animal or plant life, any infectious plant disease, or any plant disorder that manifests symptoms or behavior determined by a federal or state pest prevention agency to be characteristic of infectious disease.Tenn. Comp. R. & Regs. 0080-09-04-.02
Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective 12/26/2021.Authority: T.C.A. §§ 4-3-203 and 62-21-118.