3-361. Definitions

In this article, unless the context otherwise requires:

1. " Associate director" means the associate director of the division.

2. " De minimis violation" means a violation which, although undesirable, has no direct or immediate relationship to safety, health or property damage. Repeated de minimis violations constitute a nonserious violation.

3. " Division" means the environmental services division of the Arizona department of agriculture.

4. " Nonserious violation" means a violation that may have had a direct or immediate relationship to safety, health or property damage, but which does not constitute a de minimis violation or a serious violation, unless the violator did not, and could not with the exercise of reasonable diligence, know of such safety, health or property damage risk in which case the violation is de minimis.

5. " Paraquat" means the pesticide dimethyl-dipyridinium dichloride.

6. " Pesticide" means any substance or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating insects, fungi, bacteria, weeds, rodents, predatory animals or any form of plant or animal life which is, or which the director may declare to be, a pest which may infest or be detrimental to vegetation, humans, animals or households or which may be present in any environment.

7. " Pesticide use" means the sale, processing, storing, transporting, handling or applying of a pesticide and disposal of pesticide containers.

8. " Restricted use pesticide" means a pesticide classified as such by the United States environmental protection agency.

9. " Serious violation" means a violation of this article or a rule adopted under this article which produces a substantial probability that death or serious physical harm could result, unless the violator did not, and could not with the exercise of reasonable diligence, know of such safety or human health risk, in which case the violation is nonserious.