Code of the District of Columbia

§ 8–431. Definitions.

For the purposes of this subchapter, the term:

(1) “Agriculture” means land whose primary purpose and use is to raise crops.

(2) “Child-occupied facility” means a building or portion of a building which, as part of its function, receives children under the age of 6 years on a regular basis and is required to obtain a certificate of occupancy as a precondition to performing that function. The term “child-occupied facility” includes day care centers, nurseries, pre-school centers, kindergarten classrooms, child development centers, child development homes, child development facilities, child-placing agencies, infant care centers, and similar entities.

(3) “Department” means the Department of Energy and Environment.

(4) “District property” means buildings or land owned, leased, or otherwise occupied by the District government.

(5) “District restricted use” means a pesticide identified by the Department as requiring additional restrictions for use to prevent a hazard to human health, the environment, or property as set forth in § 8-432.

(6) “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act, approved June 23, 1947 (61 Stat. 163; 7 U.S.C. § 136 et seq.).

(7) “Forestry” means trees on land that is at least one acre in size and at least 10% occupied by forest trees of any size or formerly having had such tree cover and not currently developed for non-forest use.

(8) “Integrated pest management” or “IPM” means an effective and environmentally sensitive approach to pest management that relies on a combination of common-sense practices. IPM programs use current, comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used to manage pest damage economically, and with a strong preference for examining a range of cultural, mechanical, biological, and chemical practices and selecting a method presenting the least possible hazard to people, property, and the environment.

(9) “Minimum risk” means a pesticide registered with the Department, but exempt from federal registration under section 25(b) of the FIFRA [7 U.S.C. § 136w].

(10) Repealed.

(10A) "Organic pesticide" means a pesticide including no active ingredients other than those published in the National List at 7 C.F.R. §§ 205.601 and 205.606.

(11) “Pest” has the same meaning as provided in section 2299 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2299).

(12) “Pest management” means the control of plants, insects, herbs, or rodents with chemical agents deployed as pesticides.

(13) “Pesticide” has the same meaning as provided in section 2299 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2299); provided, that the definition shall not include:

(A) Fertilizers and other plant supplements whose primary purpose is to provide nutrition to plant-life and not to repel, treat, or control pests;

(B) Pesticides exempt under the FIFRA and its implementing regulations, specifically those pesticides exempted under section 25(b) of FIFRA [7 U.S.C. § 136w] and 40 C.F.R. 152.25(f), subject to reclassification as set forth in § 8-432;

(C) Individual repellents, personalized devices, and other agents not necessarily classified under FIFRA but employed by individuals for protection from pests;

(D) Sanitizers, disinfectants, and antimicrobial agents; and

(E) Other chemicals, devices, or substances excluded by the Department in regulations.

(14) “Pesticide application” means the spraying, laying, injecting, delivering, or other action whereby plants, insects, herbs, or other pests are controlled by a registered pesticide or a chemical agent that includes a registered pesticide.

(15) “Pesticide applicator” has the same meaning as provided in section 2299 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2299).

(16) “Pesticide operator” has the same meaning as provided in section 2299 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2299).

(17) “Pesticide registration fee” means the fee set for product registration by section 2506 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2506).

(18) “Reduced risk” has the same meaning as provided in section 2209 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2209).

(19) “Restricted use” means any pesticide or pesticide use classified as restricted through the process outlined by the Administrator of the United States Environmental Protection Agency in Subpart I of Part 152 of Subchapter E of Chapter 1 of Title 40 of the Code of Federal Regulations (40 C.F.R. § 152.160 et seq.), or a pesticide so designated by the Department by the process described in § 8-432.

(20) “School” means a public or private facility whose primary purpose is to provide K-12 educational services and includes adjacent or contiguous recreation centers or athletic fields owned or maintained by the educational facility.

(21) “University” means the University of the District of Columbia.

(22) “Waterbody” means those waters located within the District that are:

(A) Subject to the ebb and flow of the tide; or

(B) Free flowing, unconfined, and above-ground rivers, streams, or creeks.

(23) “Waterbody-contingent property” means property within 25 feet of a waterbody.


(Oct. 23, 2012, D.C. Law 19-191, § 2, 59 DCR 10166; Apr. 15, 2017, D.C. Law 21-277, § 2(a), 64 DCR 960.)

Section References

This section is referenced in § 8-440.

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.