§460J-1 Definitions. As used in this chapter:

"Board" means the pest control board.

"Director" means the director of commerce and consumer affairs.

"Efficacy and safety data" means data from experiments conducted by qualified scientists to determine the efficacy and safety of a nonchemical pest control device.

"Fumigation" means the use of any substance or substances that emit or liberate gases, fumes, or vapors which may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the board, may be lethal, poisonous, noxious, or dangerous to human life.

"Household pests" means those pests other than wood-destroying pests which invade households and other structures, including, but not limited to, rodents, vermin, insects, and birds.

"Nonchemical pest control device" means any device that purports to eliminate or control pests by attracting, repelling, or killing pests without the use of chemicals. The device shall include, but not be limited to, electromagnetic waves, sound and ultrasound, cosmic, and other waves.

"Pest control" means, with respect to wood-destroying pests, or other pests which may invade households or other structures, including railroad cars, ships, docks, trucks, airplanes, or the contents thereof, the engaging in, offering to engage in, advertising for, soliciting, or performing the following for hire:

(1) Identifying pests or infestations;

(2) Making an inspection for the purpose of identifying or attempting to identify infestations of household or other structures by pests;

(3) Making inspection reports, recommendations, estimates, and bids, whether oral or written, with respect to infestations; or

(4) Making contracts, or submitting bids for, or the use of avicides, insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances, or mechanical devices, for the purpose of eliminating, exterminating, controlling, or preventing infestations of pests or organisms.

"Pest control operator" means any person who personally or through others offers to undertake or practice, or holds oneself out as being able to undertake or practice, or does undertake or practice pest control. [L 1972, c 134, pt of §1; am L 1978, c 31, §3; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 9, §1; am L 1987, c 143, §1; am L 1991, c 16, §4; am L 1993, c 74, §1]