§ 143-434 – Short title.

143-434. Short title. This Article may be cited as the North Carolina Pesticide Law of 1971. (1971, c. 832, s. 1.)

§ 143-435 – Preamble.

143-435. Preamble. (a) The Legislative Research Commission was directed by House Resolution 1392 of the 1969 General Assembly "to study agricultural and other pesticides," and to report its findings and recommendations to the 1971 General Assembly. Pursuant to said Resolution a report was prepared and adopted by the Legislative Research Commission in 1970 concerning pesticides. […]

§ 143-436 – North Carolina Pesticide Board; creation and organization.

143-436. North Carolina Pesticide Board; creation and organization. (a) There is hereby established the North Carolina Pesticide Board which, together with the Commissioner of Agriculture, shall be responsible for carrying out the provisions of this Article. (b) The Pesticide Board shall consist of seven members, to be appointed by the Governor, as follows: (1) One […]

§ 143-437 – Pesticide Board; functions.

143-437. Pesticide Board; functions. The Pesticide Board shall be the governing board for the programs of pesticide management and control set forth in this Article. The Pesticide Board shall have the following powers and duties under this Article: (1) To adopt rules and regulations and make policies for the programs set forth in this Article. […]

§ 143-438 – Commissioner of Agriculture to administer and enforce Article.

143-438. Commissioner of Agriculture to administer and enforce Article. The Commissioner of Agriculture shall have the following powers and duties under this Article: (1) To administer and enforce the provisions of this Article. (2) To attend all meetings of the Pesticide Board, but without power to vote (unless he be designated as the ex officio […]

§ 143-440 – Restricted use pesticides regulated.

143-440. Restricted use pesticides regulated. (a) The Board may, by regulation after a public hearing, adopt and from time to time revise a list of restricted use pesticides for the State or for designated areas within the State. The Board may designate any pesticide or device as a "restricted use pesticide" upon the grounds that, […]

§ 143-441 – Handling, storage and disposal of pesticides.

143-441. Handling, storage and disposal of pesticides. (a) The Board may adopt regulations: (1) Concerning the handling, transport, storage (which may include security precautions), display or distribution of pesticides, and concerning the disposal of pesticides and pesticide containers. (2) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These […]

§ 143-442 – Registration.

143-442. Registration. (a) Every pesticide prior to being distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered in the office of the Board, and such registration shall be renewed annually before […]

§ 143-443 – Miscellaneous prohibited acts.

143-443. Miscellaneous prohibited acts. (a) It shall be unlawful for any person to distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any of the following: (1) Any pesticide which has not been registered […]

§ 143-444 – Determinations.

143-444. Determinations. The Board is authorized: (1) To declare as a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles, or substances; (2) To determine whether pesticides are highly toxic to man; and (3) To determine standards of coloring or discoloring for pesticides, and to […]

§ 143-445 – Exemptions.

143-445. Exemptions. (a) The penalties provided for violations of G.S. 143-443(a) shall not apply to: (1) Any carrier while lawfully engaged in transporting pesticides within this State, if such carrier shall, upon request, permit the Board or its designated agent to copy all records showing the transactions in and movement of the articles; (2) Public […]

§ 143-446 – Samples; submissions.

143-446. Samples; submissions. (a) The Board, or its agent, is authorized and directed to sample, test, inspect and make analyses of pesticides sold or offered for sale or distributed within this State, at time and place and to such an extent as it may deem necessary to determine whether such pesticides are in compliance with […]

§ 143-447 – Emergency suspensions; seizures.

143-447. Emergency suspensions; seizures. (a) The Board may order the summary suspension of the registration of a pesticide if it finds the suspension necessary to prevent an imminent hazard to the public, a nontarget organism, or a segment of the environment. In no event shall registration of a pesticide be construed as a defense to […]

§ 143-448 – Licensing of pesticide dealers; fees.

143-448. Licensing of pesticide dealers; fees. (a) No person shall act in the capacity of a pesticide dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a pesticide dealer unless he is licensed annually as provided in this Part. A separate license and fee shall […]

§ 143-449 – Qualifications for pesticide dealer license; examinations.

143-449. Qualifications for pesticide dealer license; examinations. (a) An applicant for a license must present evidence satisfactory to the Board concerning his qualifications for such license. (b) Each applicant shall satisfy the Board as to his responsibility in carrying on the business of a pesticide dealer. Each applicant for an original license must demonstrate upon […]

§ 143-450 – Employees of pesticide dealers; dealer's responsibility.

143-450. Employees of pesticide dealers; dealer’s responsibility. (a) Every licensed pesticide dealer shall submit to the Board, at such times as the Board or the Commissioner may prescribe, the names of all persons employed by him who sell or recommend "restricted use pesticides." (b) Each pesticide dealer shall be responsible for the actions of every […]

§ 143-451 – Denial, suspension and revocation of license.

143-451. Denial, suspension and revocation of license. (a) The Board may deny, suspend, modify, or revoke a license issued under this Part if it finds that the applicant or licensee or his employee has committed any of the following acts, each of which is declared to be a violation of this Part: (1) Made false […]

§ 143-452 – Licensing of pesticide applicators; fees.

143-452. Licensing of pesticide applicators; fees. (a) No person shall engage in the business of pesticide applicator within this State at any time unless he is licensed annually as a pesticide applicator by the Board. (b) Applications for pesticide applicator license shall be in the form and shall contain the information prescribed by the Board. […]

§ 143-453 – Qualifications for pesticide applicator's license; examinations.

143-453. Qualifications for pesticide applicator’s license; examinations. (a) An applicant for a license must present satisfactory evidence to the Board concerning his qualifications for a pesticide applicator license. The contractor and each pilot involved in aerial application of pesticides shall be licensed. Those qualifications, in the case of a pilot, shall include at least 125 […]

§ 143-454 – Solicitors, salesmen and operators; applicator's responsibility.

143-454. Solicitors, salesmen and operators; applicator’s responsibility. (a) Every licensed pesticide applicator shall submit to the Board, at such times as the Board or the Commissioner may prescribe, the names of all solicitors, salesmen, and operators employed by him. (b) Each licensed pesticide applicator shall be responsible for solicitors, salesmen, and operators in his employment […]