§ 21-2. DEFINITIONS.

As used in this Chapter:

Act shall mean the Pesticide Control Act of 1971 as amended, N.J.S.A. 13:1F-1 et seq.

Active Ingredient shall mean any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, or desiccant.

Agricultural Commodity shall mean any plant or part thereof, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animal.

Brand or Brand Name or Trade Name shall mean the characteristics designation by words, symbols, name, number or trademark of a specific, particular pesticide or formulation thereof under which the pesticide is distributed, sold, offered for sale, handled, stored, used, or transported in the State of New Jersey.

Commercial Pesticide Applicator shall mean any person (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide for any purpose or on any property other than as provided by the definition of "private pesticide applicator."

Commercial Pesticide Operator shall mean any person who applies pesticides by equipment other than aerial under the direct supervision of a certified and registered responsible pesticide applicator.

Community or Area Wide shall mean any pesticide application performed on aggregate areas greater than three (3) acres of land which is part of a pest control program administered by a governmental agency or which is contracted for or performed by one (1) person who has control over the use of the land to which the pesticide is applied.

Contractor shall mean any person who hires a commercial pesticide applicator business to perform an ornamental pest control application utilizing hydraulic spraying equipment operating at a rate greater than three hundred (300) psi and ten (10) gpm, airblast sprayers, or aerial application equipment on property owned or controlled by him. For the purposes of this definition, the term "contractor" shall include any person who makes such application on property owned or controlled by him.

EPA shall mean the United States Environmental Protection Agency.

Ornamental shall mean trees, shrubs, and other planting in and around habitations generally, but not necessarily located in urban and suburban areas, including residences parks, streets, retail outlets, industrial and institutional buildings.

Person shall mean and include corporations, companies, associations, societies, firms, partnerships, and joint stock companies as well as individuals, and shall also include all political subdivisions of this State or any agencies or instrumentalities thereof.

Pest shall mean (a.) any insect, rodent, nematode, fungus, weed, or (b.) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria or other micro-organisms on or in living man or other animals), which is injurious to health or the environment.

Pesticide shall mean and include any substance or mixture of substances labeled, designed or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator, provided, that the term "pesticide" shall not include any substance or mixture of substances which the EPA does not consider to be a pesticide.

Pesticide Applicator Business shall mean any person who either wholly or in part holds himself out for hire to apply pesticides in the State of New Jersey.

Private Pesticide Applicator shall mean any person who uses or supervises the use of any pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer of, if applied without compensation, other than trading of personal services between producers of agricultural commodities, on the property of another person.

Proper Enforcement Personnel shall mean an official designated by the Borough subject to approval by the New Jersey Department of Environmental Protection, whose duties are to enforce the rules and regulations promulgated under this Chapter.

Responsible Pesticide Applicator shall mean any individual who is accountable for the use of a pesticide by himself or any person under his direct supervision.

Restricted Use Pesticide shall mean any pesticide or pesticide use so classified under the provisions of N.J.A.C. 7:30-2 or so classified by the Administrator of the United States Environmental Protection Agency.

State Regulations shall mean pesticide rules and regulations promulgated under the Act and codified in N.J.A.C. 7:30.

Target Site shall mean a specific location, including but not limited to any crop, commodity, object, delineated field or area, or structure or part thereof, that is intended to be treated by a pesticide so that any pests therein or thereon are controlled. This term does not include any similar site which was not a part of the original agreement between the contracting parties even if such site is included on the label or labeling of the pesticide.

Use shall mean any act of handling or release of a pesticide, or exposure of man, property, or the environment to a pesticide through acts which include but are not limited to:

a.

Applying a pesticide, including mixing and loading and any required supervisory action in or near the area of application;

b.

Handling, transporting, or storing a pesticide or pesticide container;

c.

Disposal actions for a pesticide and/or containers or equipment associated with pesticides.

(Ord. #1460, § 2)