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

1. (1) Act--The Agricultural Hazard Communications Act, the Agriculture Code, Title 5, Subtitle G, Chapter 125. (Also known as the Agricultural Right To Know Act.)
2. (2) Agricultural or horticultural commodity in its unmanufactured state--An agricultural or horticultural commodity is in its unmanufactured state until the desirable portion of the agricultural plant is detached from its parent or the whole agricultural plant is separated from its growth media and removed from the work area. For horticultural commodities grown at the retail sales site, a commodity is in its unmanufactured state until it is sold and taken from the retail sales site.
3. (3) Covered pesticide chemical--Any substance containing any element, chemical compound, or mixture of elements or compounds registered under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 United States Code §136 et seq. This includes general, restricted, or state-limited-use products as packaged by the manufacturer.
4. (4) Crop sheet--A document developed by the department to fulfill the requirements of the Act, §125.010.
5. (5) Department--The Texas Department of Agriculture.
6. (6) Distribute--Offer for sale, hold for sale, sell, barter, or supply.
7. (7) Distributor--Any business, other than a chemical manufacturer that supplies covered pesticide chemicals to other distributors or to purchasers.

8. (8) Employer--

   1. (A) Any person who:

      1. (i) operates an agricultural establishment;
      2. (ii) contracts with the operator of an agricultural establishment in advance of, during, or after production to control or purchase a crop and uses a covered pesticide chemical on an agricultural or horticultural commodity in its unmanufactured state; or
      3. (iii) either directly or indirectly recruits, solicits, hires, employs, utilizes, furnishes, or supervises agricultural laborers.
   2. (B) The term "agricultural establishment" as used in this chapter means a business operation that uses paid agricultural laborers in the production of an agricultural or horticultural commodity in its unmanufactured state.
   3. (C) In no event is a labor agent, crewleader, or labor contractor considered to be an employer for purposes of these regulations or the Act. Where a labor agent, crewleader, or labor contractor is used, the employer is the person who uses or engages the services of the labor agent, crewleader, or labor contractor.
9. (9) EPA--United States Environmental Protection Agency.
10. (10) Farm operator--The person responsible for the overall control and management of the crop.
11. (11) Livestock--Beef and dairy cattle, hogs, sheep, goats, poultry of all kinds, horses, rabbits, bees, exotic game animals, and fur-bearing animals in captivity.
12. (12) Medical emergency--Any health or safety related occurrence in which information concerning a covered pesticide chemical is needed for immediate treatment or diagnosis of an injury or illness that appears to have been caused or aggravated by exposure to agricultural chemicals.
13. (13) Member of the community--Any individual who resides, is employed, attends school, or is a parent of a child attending school, is treated in a hospital, or resides, or is treated in a nursing home within a 1/4-mile radius of a covered employer's work area.
14. (14) Migrant work--Work performed by an individual who is required to be absent overnight from his permanent place of residence.

15. (15) Nursery worker--

    1. (A) A laborer employed in a nursery operation, whether licensed or unlicensed, who is engaged in the following activities:

       1. (i) sowing seeds and otherwise propagating shrubs, vines, flowers, and fruit, nut, shade, vegetable, and ornamental plants or trees;
       2. (ii) handling such plants to and from fields; or
       3. (iii) planting, cultivating, watering, spraying, fertilizing, pruning, bracing, and feeding the growing crop.
    2. (B) A worker involved solely in the retail aspect of a nursery operation or solely in a lawn care service is not considered a nursery worker for purposes of these regulations.
16. (16) Person--Any individual, partnership, association, joint stock company, trust, cooperative, corporation, or other business entity.
17. (17) Produce--The act of performing any of the activities specified in the definition of agricultural laborer found in §8.3 of this title (relating to Agricultural Laborer).
18. (18) Registrant--Any person who has submitted an application for registration of a pesticide under the Texas Agriculture Code, Title 7, §§76.041-76.048.
19. (19) Safety emergency--Any health or safety related occurrence designated as a safety emergency by a fire chief or his representative.
20. (20) Seasonal work--Work of a seasonal or temporary nature. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though he may continue to be employed during a major portion of the year. Work is other than seasonal if it is performed for a single employer essentially on a year round basis.
21. (21) Service--The Texas Agricultural Extension Service.
22. (22) Store, storage--To have at the work area for a period of time greater than 72 hours.
23. (23) Threshold amount--Fifty-five gallons or 500 pounds as packaged by the registrant or an amount that the department determines by rule for certain highly toxic or dangerous chemicals.
24. (24) Trained trainers--Anyone who has completed an EPA-approved WPS train-the-trainer program or a WPS-trained handler who may train workers only.
25. (25) Treating medical personnel--Doctor, nurse, emergency technician, clinic personnel, or hospital personnel treating an individual in connection with a possible exposure to a covered pesticide chemical.
26. (26) Uses--Uses or causes to be used covered pesticide chemicals, or causes agricultural laborers to be present in a workplace where covered pesticide chemicals are used or stored.
27. (27) Work area--A room, defined space, field, section, or farm where covered pesticide chemicals are stored or used and where agricultural laborers may be present. In a nursery or greenhouse, the work area is the defined treated or storage area within the nursery or greenhouse in which agricultural laborers are present.
28. (28) Workplace--A geographical location containing one or more work areas.
29. (29) Work season--Crop season.
30. (30) WPS--Worker Protection Standard, 40 Code of Federal Regulations, Part 170.

Source Note:The provisions of this §8.2 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814.