Section 357IAC1-16-3. Definitions

   The following definitions apply throughout this rule:

(1) "Commercial applicator license" means the license issued annually by the state chemist to an individual who has met the requirements established in IC 15-16-5-52, including the following:

(A) A licensed applicator for hire, as defined in IC 15-16-5-16.

(B) A licensed applicator not for hire, as defined in IC 15-16-5-17.

(C) A licensed public applicator, as defined in IC 15-16-5-20.

(2) "Direct supervision" means one (1) of the following:

(A) The supervision and oversight procedures for noncertified applicators, as required in 355 IAC 4-2.

(B) The supervising certified applicator is:

(i) present at the pesticide application site; and

(ii) operating under conditions that permit direct voice contact with the noncertified applicator.

(C) The supervising certified applicator:

(i) has previously examined the pesticide application site while accompanied by the noncertified applicator;

(ii) has provided the noncertified applicator with written instructions covering site-specific precautions to prevent injury to persons or the environment at the pesticide application site; and

(iii) is operating under conditions that permit direct voice contact with the noncertified applicator.

(3) "Pesticide" means both restricted use and nonrestricted use pesticides, as defined in IC 15-16-5-25. For purposes of this rule, the term does not include the following nonrestricted use pesticides:

(A) Bactericides.

(B) Disinfectants.

(C) Gel or paste bait insecticides.

(D) Germicides.

(E) Manufactured enclosed insecticides.

(F) Personal insect repellents when self-applied.

(G) Sanitizing agents.

(H) Swimming pool chemicals.

(I) Water purifying chemicals.

(4) "Pesticide application site" means the target treatment area on school property where the pesticide is intentionally applied.

(5) "Pesticide notification registry" means the registry created and maintained by a school corporation listing the names and contact information of parents and guardians of children at the school and school staff who have requested to be notified of the details of pesticide applications at the school.

(6) "School" means the physical buildings and grounds of an institution for the instruction of students, including the following:

(A) A preschool.

(B) An elementary school as defined in IC 20-18-2-4.

(C) A high school as defined in IC 20-18-2-7.

(7) "School corporation" means any of the following:

(A) A school corporation as defined in IC 20-18-2-16.

(B) A nonpublic school as defined in IC 20-18-2-12.

(C) The Indiana School for the Blind and Visually Impaired established under IC 20-21.

(D) The Indiana School for the Deaf established under IC 20-22. For purposes of this rule, the term does not include any of the following

(i) Sunday schools and vacation Bible schools, and any other program of a religious entity except those that are accredited by the Indiana Department of Education.

(ii) Daycare centers.

(iii) Home schools.

(iv) Any private religious school except those that are accredited by the Indiana Department of Education.

(8) "State chemist" means the Indiana state chemist or his or her authorized agent.

(9) "Student", as defined in IC 20-32-8-2, means any individual who is enrolled in a school corporation.

(10) "Use", as defined in IC 15-16-5-36, means an act of handling, releasing, or exposing individuals or the environment to a pesticide. The term includes the following:

(A) Application or supervision of an application of a pesticide, including mixing or loading the pesticide.

(B) Storage of pesticides and pesticide containers.

(C) Transportation of pesticides and pesticide containers.

(D) Disposal of pesticides and pesticide containers.

(Indiana Pesticide Review Board; 357 IAC 1-16-3; filed Sep 24, 2010, 1:44 p.m.: 20101020-IR-357100336FRA)