5-36-1. DEFINITIONS FOR PURPOSES OF THIS CODE.

1. The term “Administrator” means the administrator of the Environmental Protection Agency.
2. The term “Agricultural Commodity” means any plant or part thereof, or animal, or animal products, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturalists, floriculturalists, orchardists, foresters or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals.
3. The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish.
4. Applicators:
   1. The term “certified applicator” means any individual who is certified by the Rosebud Natural Resources/Land Management Committee as authorized to use or supervise the use of any pesticide which is classified for restricted use.
   2. The term “private applicator” means a certified applicator who uses or supervises the use of any pesticide which is classified.
      
   3. The term “commercial applicator” means a certified applicator (whether or not he is a private applicator which respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or, on any property other than as provided by paragraph 2.
      
   4. Unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied “under the direct supervision of a certified applicator) if it is applied by a competent person acting under the instructions and control of a certified applicator who is available and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.
5. The term “code” means the Rosebud Tribal Pesticide Code.
6. The term “Committee” means the Rosebud Natural Resources/Land Management Committee or that body delegated this authority by the Rosebud Sioux Tribe.
7. The term “Council” means the Rosebud Sioux Tribal Council.
8. The term “EPA” means the U.S. Environmental Protection Agency.
9. The term “District Court” means a United States district court.
10. The term “Environment” includes water, air, land, and all plants and man and other animals living therein and the inter-relationships which exist among these.
11. The term “FIFRA” means the Federal Inspection, Fungicide and Rodenticide Act, as Amended (1972, 1975, and 1978).
12. The term “insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insect, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually having more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice.
13. Label and Labeling:
    1. The term “Label” means the written, printed or graphic matter on or attached to, the pesticide or device or any of its containers or wrappers.
    2. The term “Labeling” means all labels and all other written, printed, or graphic matter:
       
       1. Accompanying the pesticide or device at any time; or
       2. To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Department of Agriculture and Interior, the Department of Health, Education and Welfare, State experiment stations, State institutions or agencies authorized by law to conduct research in the field of pesticides.
14. The term “Land” means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivance, and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.
15. The term “pest” means (1) any insect, rodent, nematode, fungus, weed, or (2) 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 living animals) which the Administrator declares to be a pest under Section 25 (c) (1) of FIFRA or which the Committee declares to be a pest.
16. The term “Pesticide” means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and (2) any substance or mixture of substances intended to use as a plant regulator, defoliant, or desiccant: Provided, that the term “Pesticide” shall not include any article (1) (a) that is a “new animal drug” within the meaning of Section 201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w), or (b) that has been determined by the Secretary of Health, Education, and Welfare not be a new animal drug by a regulation establishing conditions of use for the article, or (2) that is an animal feed within the meaning of Section 201 (x) of such Act (21 U.S.C. 321(x) bearing or containing an article covered by clause (1) of this provision.
17. The term “Protect Health and the Environment” and “Protection of Health and the Environment” mean protection against any reasonable adverse effects on the environment.
18. The term “Reservation Lands” means all lands within the exterior boundaries of the Rosebud Sioux Indian Reservation, Todd County, South Dakota, and all Trust Lands in Tripp, Mellette, Lyman, and Gregory Counties, South Dakota, which are within the original boundaries of the Rosebud Sioux Indian Reservation.
19. The term “Restricted use Pesticide” means any pesticide use classified for restricted use by the Rosebud Natural Resources/Land Management Committee, the Secretary of the South Dakota Department of Agriculture, or the Administrator of the U.S. Environmental Protection Agency.
20. The term “Secretary” means the secretary of the South Dakota State Department of Agriculture.
21. The term “State” means the State of South Dakota.
22. The term “Unreasonable adverse effects on the Environment” means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.
23. The term “Weed” means any plant which grows where not wanted.
24. The term “Wildlife” means all living things that are neither human, domesticated, nor as defined in this Code, pests, including but not limited to mammals, birds, and aquatic life.
25. The term “Establishment” means any place where a pesticide or device or active ingredient use in producing a pesticide is produced, or held, for distribution or sale.
26. The term “To use any registered pesticide in manner inconsistent with its labeling” means to use any registered pesticide in a manner included (1) applying pesticide at any dosage, concentration, or frequency less than that specified on the labeling; (2) applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless the Administrator has required that the labeling specifically states that the pesticide may be used only for the pests specified on the labeling after the Administrator has determined that the use of the pesticide against other pests would cause an unreasonable adverse effect on the environment; (3) employing any method of application not prohibited by the labeling; or (4) mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling. Provided further, that the term also shall not include any use of a pesticide in conformance with Section 5, 18, or 24 of FIFRA, or any use of a pesticide in a manner that the Administrator determines to be consistent with the purpose of FIFRA: and provided further, that after March 31, 1979, the term shall not include the use of pesticide or after that date the Administrator issues a regulation or advisory opinion consistent with the study provided for it in Section 27 (B) of the Federal Pesticide Act of 1978, which regulation or advisory opinion specifically requires the use of definite amounts of dilution.