In addition to the definitions set out in the Code, §76.001, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--Texas Agriculture Code, Chapter 76, entitled Texas Pesticide and Herbicide Regulation.
2. (2) Adjoining--Directly contiguous to a field on which pesticides may be applied or which is separated from a field only by a road, railway, or utility right-of-way, or by a government-owned land corridor or waterway having a width of not more than 100 feet.
3. (3) Agricultural commodity--A plant or animal grown for sale, lease, barter, feed, or human consumption and animals raised for farm or ranch work.
4. (4) Application--The placing of a pesticide on a plant, animal, building, or soil; or its release into the air or water to prevent or destroy pests.
5. (5) Code--The Texas Agriculture Code.
6. (6) Commissioner--The commissioner of agriculture of the State of Texas, or the commissioner's designee.
7. (7) CEU--Continuing Education Unit.
8. (8) Dealer--Any person who distributes within or into this state any restricted-use or state-limited-use pesticides or regulated herbicides.
9. (9) EPA--United States Environmental Protection Agency.
10. (10) Extension--Texas Agricultural Extension Service.
11. (11) FAA--Federal Aviation Administration.
12. (12) Farm labor camp--Housing used by one or more seasonal, temporary, permanent, or migrant workers and accompanying dependents which are owned, operated, or managed by the farm operator or licensed by the State of Texas.
13. (13) Farm operator--The person responsible for the overall control and management of the crop.
14. (14) Formulation--A mixture of active and inert ingredients prepared for use as a pesticide for practical use.
15. (15) Nurseryman--A person who possesses a current Class 1, 2, 3, or 4 nursery and floral certificate issued by the department.
16. (16) Person--Includes any individual, partnership, association, corporation, company, joint stock association, governmental subdivision, public or private organization of any character, body politic or any organized group of persons, whether incorporated or not; including any trustee, receiver, assignee, or similar representative thereof.
17. (17) Regulated herbicide--A herbicide product containing an active ingredient classified as a regulated herbicide by §7.30 of this title (relating to Classification of Pesticides).
18. (18) State-limited-use pesticide--Any pesticide product containing an active ingredient classified as a state-limited-use pesticide by §7.30 of this title (relating to Classification of Pesticides).
19. (19) Trained trainer--Anyone who has completed an EPA-approved WPS train-the-trainer program or a WPS-trained handler who may train workers only.
20. (20) Volatility--The tendency of a substance to change from a liquid or solid to a gaseous state. It is the movement of a pesticide in a gaseous state in the air from surface water, soil, or vegetation.

Source Note:The provisions of this §7.1 adopted to be effective December 4, 1997, 22 TexReg 11652.