North Carolina § 143-440 - Restricted use pesticides regulated.

§ 143-440. Restricted use pesticides regulated.

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, in the judgment of the Board (either because of its persistence, its toxicity, or otherwise) it is so hazardous or injurious to persons, pollinating insects, animals, crops, wildlife, lands, or the environment, other than the pests it is intended to prevent, destroy, control, or mitigate that additional restriction on its sale, purpose, use or possession are required. The Board may include in any such restricted use regulation the time and conditions of sale, distribution, or use of such restricted use pesticides, may prohibit the use of any restricted use pesticide for designated purposes or at designated times; may require the purchaser or user to certify that restricted use pesticides will be used only as labeled or as further restricted by regulation; may require the certification and recertification of private applicators, and charge a fee of up to ten dollars ($10.00), with the fee set at a level to make the certification/recertification program self-supporting, and, after opportunity for a hearing, may suspend, revoke or modify the certification for violation of any provision of this Article, or any rule or regulation adopted thereunder; may adopt rules to classify private applicators; and may, if it deems it necessary to carry out the provisions of this Part, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the Board and under its direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations except that any person licensed to sell such pesticides may purchase and possess such pesticides without a permit. The Board may require all persons issued such permits to maintain records as to the use of the restricted use pesticides. The Board may authorize the use of restricted use pesticides by persons licensed under the North Carolina Structural Pest Control Act without a permit. A nonrefundable fee of ten dollars ($10.00) shall be charged for each examination required by this section. This examination fee is in addition to the certification or recertification fee, and any other fee authorized pursuant to any other provision of Article 4C of Chapter 106 of the General Statutes. A fee of fifty dollars ($50.00) shall be charged for examination of individuals seeking to be designated as Worker Protection Designated Trainers, in accordance with provisions of the Federal Worker Protection Standard set forth in 40 C.F.R. Part 170, and subsequent amendments to those regulations. History (1971, c. 832, s. 1; 1979, c. 448, s. 1; 1981, c. 592, s. 1; 1987, c. 559, s. 2; c. 846; 2010-31, s. 11.1(a); 2014-100, s. 13.10(a); 2014-103, s. 16.) Editor's Note. - Session Laws 2014-100, s. 13.10(b)-(c), provides: "(b) The Structural Pest Control Committee shall adopt rules regarding ancillary activities that may be performed in association with the control of wood-destroying organisms or household pests as regulated by Article 4C of Chapter 106 of the General Statutes. The rules shall include, at a minimum, the following: "(1) Specification of the categories of ancillary activities that may be exempted from structural pest control licensing requirements or may be performed by unlicensed persons acting under the direct supervision of a structural pest control licensee. These categories shall include, but not be limited to, the moving of furniture or bedding, as defined in G.S. 106-65.95 , and the cleaning, maintenance, or repair of property. "(2) Provisions allowing persons engaged in exempt ancillary activities or performing ancillary activities under the direct supervision of a certified applicator to be engaged in such activities, whether as an employee, independent contractor, or otherwise, for one or more structural pest control licensees. "(c) The Structural Pest Control Committee may issue rules pursuant to subsection (b) of this section without complying with the requirements of Article 2A of Chapter 150B of the General Statutes. The Committee shall post proposed rules on its Web site within two weeks of the date this act becomes law and provide notice of the rules, along with a citation to this section, to all persons named on the mailing list maintained pursuant to G.S. 150B-21.2(d) . The authority to adopt rules without complying with the requirements of Article 2A of Chapter 150B of the General Statutes shall expire on July 1, 2016, and the Department shall adopt permanent rules to implement subsection (b) of this section by that date." This act became effective July 1, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2010-31, s. 11.1(a), effective July 14, 2010, and applicable to fees assessed or collected on or after that date, added the last two sentences of subsection (b); and added subsection (c). Session Laws 2014-100, s. 13-10(a), effective July 1, 2014, inserted "may adopt rules to classify private applicators" near the middle of the first sentence of subsection (b). Session Laws 2014-103, s. 16, effective August 6, 2014, inserted "may adopt rules to classify private applicators" near the middle of the first sentence of subsection (b).