Definitions

As used in this chapter, the term: (1) ‘‘Applicant’’ means any persons or any person in charge of any individuals, firm, partnership, corporation, association, or any other organization or any combination thereof making application for a license to engage in operations regulated by this chapter, or any other person making application for certification or registration under this chapter. 571 43-45-2 (2) ‘‘Application of a pesticide under the direct supervision of a certified operator’’ means, unless otherwise prescribed by its labeling or by regulations of the Commissioner, the application of a pesticide by a competent person acting under the instructions and control of a certified operator who is available if and when needed, even though such certified operator is not physically present at the time at which and the place the pesticide is applied. (3) ‘‘Bond’’ means a written instrument issued or executed by a bonding, surety, or insurance company licensed to do business in this state, or otherwise approved by the commission, guaranteeing the fulfillment of the agreement between the licensee or business entity and his customer. (4) ‘‘Branch office’’ means any place of doing business which has two or more employees engaged in the control of insect pests, rodents, or wood-destroying organisms. (5) ‘‘Certified operator’’ means any individual who has been determined competent to use or supervise the use of pesticides, including restricted use pesticides or state restricted pesticide uses, as defined in this chapter, in the structural pest control category or categories in which he is currently licensed. (6) ‘‘Commission’’ means the State Structural Pest Control Commission. (7) ‘‘Commissioner’’ means the Commissioner of Agriculture of this state. (8) ‘‘Employee’’ means any person employed by a licensee with the exception of clerical, janitorial, or office maintenance employees, or those employees performing work completely disassociated with the control of insects, pests, and rodents and the control of wooddestroying organisms. (9) ‘‘Fumigant’’ means any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes, or vapors, which gas or gases, fumes, or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life. (10) ‘‘Insecticides’’ means substances, not fumigants, under whatever name known, used for the destruction or control of insects and similar pests. (11) ‘‘Licensee’’ means a business entity engaged in the business of structural pest control which holds a valid license issued under this chapter. (12) ‘‘Pesticide’’ means attractants, fumigants, fungicides, insecticides, rodenticides, and repellants. 572 43-45-3 (13) ‘‘Registered employee’’ means an employee registered as provided by this chapter. (14) ‘‘Repellants’’ means substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but generally employed because of their capacity for preventing the entrance or attack of pests. (15) ‘‘Restricted use pesticide’’ means any attractant, fumigant, fungicide, insecticide, rodenticide, or repellant whose label bears one or more uses which have been classified as restricted by the administrator, Environmental Protection Agency, or any use of these pesticides which, when used as directed or in accordance with widespread and commonly recognized practice, the Commissioner determines, subsequent to a hearing, requires additional restrictions for that use to protect the environment, including man, lands, beneficial insects, animals, crops, and wildlife, other than pests. (16) ‘‘Rodenticides’’ means substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents. (16.5) ‘‘Secretary’’ means the Commissioner of Agriculture in his capacity as secretary of the State Structural Pest Control Commission. (17) ‘‘Structural pest control’’ means control of wood-destroying organisms or fumigation; the identification of infestations or infections; the making of inspections; the use of pesticides, including insecticides, repellants, rodenticides, fumigants, and other substances, and the use of mechanical devices of structural modifications under whatever name known for the purpose of preventing, controlling, and eradicating insects, vermin, rodents, and other pests in household structures, commercial buildings, and other structures, including adjacent outside areas; and all phases of fumigation, including treatments of products by vacuum fumigation and the fumigation of railroad cars, trucks, ships, and airplanes. History. — Ga. L. 1955, p. 564, § 2; Ga. L. 1957, p. 299, § 2; Ga. L. 1960, p. 813, § 1; Ga. L. 1976, p. 308, § 1; Ga. L. 1977, p. 701, §§ 1-5; Ga. L. 1983, p. 739, § 1. 43-45-3. Creation of commission; composition; vacancies; number of members who may represent a single business entity. There is created a State Structural Pest Control Commission to consist of seven members, three of whom shall be residents of this state who are engaged in the pest control industry and who are certified operators under this chapter. Such members shall be appointed by the 573 43-45-5 Commissioner. One member shall be the head of the Department of Entomology of the University of Georgia, ex officio, or some qualified person of that department designated by him or her. One member shall be the Commissioner of Agriculture of this state or the Commissioner’s designee; one member shall be the commissioner of public health, ex officio, or some qualified person designated by him or her; and one member shall have no connection whatsoever with the pest control industry but shall have a recognized interest in consumer affairs and in consumer protection concerns. The Commissioner shall fill any vacancies that may occur in the appointive membership of the commission. No business entity shall be represented by more than one member on the commission at any time. History. — Ga. L. 1955, p. 564, § 3; Ga. L. 1960, p. 813, § 2; Ga. L. 1976, p. 308, § 2; Ga. L. 1978, p. 999, § 1; Ga. L. 1980, p. 1446, § 1; Ga. L. 1983, p. 739, § 2; Ga. L. 1998, p. 191, § 1; Ga. L. 2009, p. 453, § 1-6/HB 228; Ga. L. 2011, p. 705, § 6-5/HB 214.