North Carolina § 143-466 - Records; information; inspection; enforcement.

§ 143-466. Records; information; inspection; enforcement.

The Board shall require licensees to maintain records with respect to the sale and application of such pesticides as it may from time to time prescribe. Such relevant information as the Board may deem necessary may be specified by rule. The records shall be kept for a period of three years from the date of the application of the pesticide to which the records refer, and shall be available for inspection and copying by the Board or its agents at its request. The Board may publish information regarding injury which may result from improper application or use of pesticides and the methods and precautions designed to prevent such injury. The Board may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by the Board by regulation. The Board may provide for inspection of any place of business where pesticides are stored or sold and may require changes in methods of handling, displaying and storing of all pesticides. A list of requirements that places of business must meet may be adopted by regulation of the Board. For the purpose of carrying out the provisions of this Article, inspectors designated by the Board may enter upon any public or private premises at reasonable times, in order: To have access for the purpose of inspecting the premises and any equipment subject to this Article and such premises on which such equipment is kept or stored; To inspect lands actually or reported to be exposed to pesticides; To inspect storage or disposal areas; To inspect or investigate complaints of injury to humans, land or plants; or To sample pesticides being applied, or to be applied. No person shall refuse entry or access to any authorized representative of the Board who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. Should the Board or its designated agent be denied access to any land where such access was sought for the purposes set forth in this Article, the Board may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application issue the search warrant for the purposes requested. History (1971, c. 832, s. 1; 1995, c. 445, s. 9.) Editor's Note. - Session Laws 2008-212, s. 2, provides: "The Pesticide Board shall adopt rules to implement the recommendations of the Governor's Task Force on Preventing Agricultural Pesticide Exposure, requiring recording of the specific time of day when each pesticide application was completed and extending the retention period for pesticide application records for all pesticides covered under the Worker Protection Standards for Agricultural Pesticides from 30 days to two years."