North Carolina Administrative Code

02 NCAC 38 .0102 DEFINITIONS For purposes of this Chapter: (1) "A.N.S.I." means the American National Standards Institute, Inc. (2) "Basket" as used in 02 NCAC 38 .0500 means any container, sheet, or box used in tobacco auction warehouses. (3) "Board" means the North Carolina Boa…

SECTION .0200 - APPROVAL OF WEIGHING AND MEASURING DEVICES 02 NCAC 38 .0201 ADOPTION BY REFERENCE The board hereby adopts by reference, including subsequent amendments and editions, NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and M…

02 NCAC 38 .0202 WEIGHING AND MEASURING DEVICES The requirements of NIST Handbook 44 shall apply as follows: (1) To commercial weighing and measuring equipment; that is, weights and measures and weighing and measuring devices commercially used or employed in establishing the size…

02 NCAC 38 .0203 TYPE APPROVAL OF WEIGHING AND MEASURING DEVICES (a) Each type or model or pattern or design of weight or measure or weighing or measuring device intended for use in trade in this state, generally known as commercial use, shall first be submitted or demonstrated b…

02 NCAC 38 .0204 RECORD OF APPROVED WEIGHING AND MEASURING DEVICES The Director of Weights and Measures shall keep an accurate record and list of names of manufacturers, name, type or model of device, apparatus or equipment approved. History Note: Authority G.S. 81A-1; 81A-15; Ef…

02 NCAC 38 .0205 REPAIRS TO REJECTED WEIGHING DEVICES In order that a scale or weighing device which has been rejected for repairs by a duly authorized weights and measures inspector may be put back into service after having been serviced by a registered scale technician, the Dir…

SECTION .0300 - PACKAGE AND LABELING REQUIREMENTS 02 NCAC 38 .0301 ADOPTION BY REFERENCE The following are adopted by reference, including subsequent amendments and editions, as standards for packaging and labeling and for determining compliance of packaged goods with net content…

02 NCAC 38 .0302 DOCUMENT AVAILABILITY History Note: Authority G.S. 81A-4; 150B-14; Eff. May 1, 1983; Amended Eff. June 1, 1984; Repealed Eff. October 1, 1987.

SECTION .0400 - METHOD OF SALE OF COMMODITIES 02 NCAC 38 .0401 ADOPTION BY REFERENCE The Board hereby adopts by reference including subsequent amendments and editions the NIST Handbook 130, "Method of Sale of Commodities Regulation" with the following additions and exceptions: (1…

02 NCAC 38 .0402 DOCUMENT AVAILABILITY History Note: Authority G.S. 81A-4; 150B-14; Eff. May 1, 1983; Amended Eff. April 1, 1985; June 1, 1984; Repealed Eff. June 1, 1988.

SECTION .0500 - LEAF TOBACCO 02 NCAC 38 .0501 TOBACCO OFFERED FOR SALE When leaf tobacco is placed on the floor of a leaf tobacco auction warehouse in a line or row according to custom in said warehouse, preceding the actual sale, such act on the part of any person, firm, or corp…

02 NCAC 38 .0502 BASKETS No basket shall be used in a tobacco auction warehouse which deviates from the established average weight by a weight in excess of one pound either over or under. The average weight shall be established by weighing 100 baskets, picked at random, and this …

02 NCAC 38 .0503 WAREHOUSE TRUCKS History Note: Authority G.S. 81A-2; 81A-4; Eff. May 1, 1983; Pursuant to G.S. 150B-21.3A, rule Expired April 1, 2015.

02 NCAC 38 .0504 WEIGHING All tobacco weighed in a tobacco warehouse for the purpose of sale shall be weighed accurately to the nearest one pound. History Note: Authority G.S. 81A-2; 81A-4; 81A-15(9); Eff. May 1, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substa…

02 NCAC 38 .0505 VARIATIONS IN WEIGHT A tolerance not exceeding two pounds on each basket of tobacco weighing not more than 175 pounds, and a tolerance of four pounds on each basket of tobacco weighing more than 175 pounds shall be considered a reasonable variation in weight; pro…

02 NCAC 38 .0506 CLAIMS: REWEIGHING History Note: Authority G.S. 81A-2; 81-4; Eff. May 1, 1983; Repealed Eff. June 1, 1984.

02 NCAC 38 .0507 VIOLATIONS Any weighmaster, or any custodian, or any employee of the custodian, who takes or attempts to take advantage of these variations or tolerance in the issuing of a weight certificate, or in the setting of tare beam on scale when making allowances for wei…

02 NCAC 38 .0508 CUSTODIAN OF TOBACCO It shall not be construed that these variations and tolerance do in any way relieve the custodian of the tobacco of his responsibility or liability as referred to in G.S. 81A-58. History Note: Authority G.S. 81A-2; 81A-4; Eff. May 1, 1983; Pu…

SECTION .0600 - SALE OF PETROLEUM PRODUCTS 02 NCAC 38 .0601 RETAIL MOTOR FUEL DISPENSERS/HALF-PRICING (a) All retail motor fuel dispensing outlets shall sell motor fuel by the full price per unit as stated in NIST Handbook 130 method for that fuel type. (b) Retail motor fuel disp…

02 NCAC 38 .0602 METRIC SALES OF RETAIL MOTOR FUEL At those locations that dispense motor fuel by the liter, the following provisions shall apply: (1) All streets, roadside, and similar advertising signs shall provide price per gallon information for all products for which prices…

02 NCAC 38 .0603 PRICE AND VOLUME CONSISTENCY All retail motor fuel pumps at the same facility shall calculate price by the same method and volume by the same measure. History Note: Authority G.S. 81A-2; 81A-22; 81A-23; Eff. May 1, 1983; Pursuant to G.S. 150B-21.3A, rule is neces…

02 NCAC 38 .0604 PRICE POSTING/CASH DISCOUNTS FOR RETAIL MOTOR FUEL SALES (a) If any condition or qualification is required to purchase fuel at the posted price, that condition or qualification shall be posted in conjunction with the advertised price. (b) At those locations where…

SECTION .0700 - STANDARDS FOR STORAGE, HANDLING AND inSTALLATION OF LP GAS 02 NCAC 38 .0701 ADOPTION BY REFERENCE The following are incorporated by reference, including subsequent amendments and editions, as standards for storage, handling and installation of liquefied petroleum …

02 NCAC 38 .0702 METERS ON TANK TRUCKS All tank trucks delivering through liquid meters into storage tanks or containers or cylinders shall be equipped with a device which will print the quantity delivered on a ticket, a copy of which will be given to the consumer. History Note: …

02 NCAC 38 .0703 LP GAS INSPECTION REPORT Upon inspection pursuant to G.S. 119-57, a notice of violations shall be given to the violator. The notice shall include but is not limited to repairs necessary to eliminate the violation(s) and a date by which repairs shall be made by th…

02 NCAC 38 .0704 APPROVED THIRD PARTY TESTING LABORATORIES In accordance with G.S. 119-58(a)(1), third party testing laboratories accredited by the North Carolina Building Code Council are accepted for approving gas appliances that are designed or built for domestic use. History …

02 NCAC 38 .0705 NOTIFICATION FOR DISCONNECTION OF SERVICE (a) This Rule contains additional standards relating to the requirements for disconnection of service contained in G.S. 119-58(b). (b) To "notify the former supplier before disconnecting the former service and connecting …

SECTION .0800 - LIQUID FERTILIZERS 02 NCAC 38 .0801 ADOPTION BY REFERENCE The board hereby adopts the American National Standard, "Safety Requirements for the Storage and Handling of Anhydrous Ammonia", 1981 edition, (ANSI k61.1-1981), as published by the American National Standa…

02 NCAC 38 .0802 APPROVAL FOR ANHYDROUS AMMONIA INSTALLATIONS Plans for fixed (stationary) anhydrous ammonia installations shall be submitted to the Commissioner of Agriculture or his designated representative and approved before the installation is started. History Note: Authori…

02 NCAC 38 .0803 METERS FOR LIQUID FERTILIZERS When a meter is used to measure liquid fertilizer, said meter shall be approved in accordance with 2 NCAC 38 .0200. In addition, meters used to measure liquid fertilizer shall be equipped with a device which will print the quantity d…

02 NCAC 38 .0804 USE OF APPLICATOR TANKS AS MEASURING DEVICES When a cylindrical applicator tank is used as a measuring device in the distribution of liquid fertilizer, it shall be calibrated by liquid measure from zero to capacity with zero indicating empty. There shall be a gra…

CHAPTER 39 – STATE ORGANIC PROGRAM SECTION .0100 - ORGANIC STANDARDS 02 NCAC 39 .0101 ADOPTION BY REFERENCE Title 7, Part 205 of the Code of Federal Regulations, "National Organic Program," is hereby adopted by reference, including subsequent amendments. Copies of this document a…

NORTH CAROLINA ADMINISTRATIVE CODE TITLE 2 DEPARTMENT OF AGRICULTURE CHAPTER 40 (RESERVED) 2 NCAC 40; DEPARTMENT OF AGRICULTURE; has been reserved for future codification.

NORTH CAROLINA ADMINISTRATIVE CODE TITLE 2 DEPARTMENT OF AGRICULTURE CHAPTER 41 (RESERVED) 2 NCAC 41; DEPARTMENT OF AGRICULTURE; has been reserved for future codification.

CHAPTER 42 - GASOLINE AND OIL INSPECTION BOARD SECTION .0100 - PURPOSE AND DEFINITIONS 02 NCAC 42 .0101 PURPOSE AND ORGANIZATION The Gasoline and Oil Inspection Board establishes the minimum quality standards of liquid fuel products offered for sale, sold, or delivered in North C…

02 NCAC 42 .0102 DEFINITIONS Except as otherwise defined in Chapter 119, North Carolina General Statutes, the definitions applicable in this Chapter are as follows: (1) "ASTM" means ASTM International. (2) "Approved lead substitute" means an EPA registered gasoline additive formu…

SECTION .0200 - QUALITY OF LIQUID FUEL PRODUCTS 02 NCAC 42 .0201 STANDARD SPECIFICATIONS (a) The Board hereby adopts by reference, including subsequent amendments and editions, ASTM International (formally the American Society for Testing and Materials) D 4814, "Standard Specific…

02 NCAC 42 .0202 QUALITY OF MOTOR FUELS (a) A motor fuel shall be of the quality specifications as registered with the director. (b) If any quality specification is displayed on a dispenser or in any public location where motor fuel is sold and said specification exceeds the qual…

02 NCAC 42 .0203 A.S.T.M. EMERGENCY SPECIFICATION History Note: Authority G.S. 119-26; Eff. December 1, 1981; Repealed Eff. November 1, 1984.

02 NCAC 42 .0204 INSPECTION FEE For purposes of the inspection fee of G.S. 119-18, all products labeled as Number 1 fuel oil, and which meet the specifications for kerosene, the same shall be considered as kerosene. History Note: Authority G.S. 119-16.1; 119-18; 119-26; Eff. Dece…

SECTION .0300 - SALE OF GASOLINE 02 NCAC 42 .0301 GASOLINE SOLD UNDER label name OR BRAND (a) All gasoline sold at wholesale or retail in North Carolina shall be sold under the label, name, or brand name under which the gasoline was first purchased for resale in North Carolina, e…

02 NCAC 42 .0302 EVIDENCE OF ORIGINAL PURCHASE The invoice, bill of sale, bill of lading, terminal ticket, or other evidence of the original purchase of gasoline shall state the name and address of the seller and buyer, the date and time of sale, the label, name or brand under wh…

section .0400 - DISPENSING DEVICES AND PUMPS 02 NCAC 42 .0401 LABELING OF DISPENSING DEVICES (a) For the purpose of product identity, each dispensing device used in the retailing of any motor fuel shall, on the front panel of the dispenser and in plain view of the customer, be la…

SECTION .0500 - REGISTRATION AND BRANDING 02 NCAC 42 .0501 BRANDING AND REGISTRATION OF MOTOR FUELS (a) All motor fuels offered for sale, sold, or delivered to a purchaser in this State shall be branded, and each and every brand name shall be registered with the Director on forms…

02 NCAC 42 .0502 OCTANE RANGE NUMBER OF COMMERCIAL GASOLINE No number within the octane range of commercial gasolines shall be used as a prefix, suffix, or any part of a brand name, except aviation gasolines, unless the registered octane index is at least equivalent to said numbe…

02 NCAC 42 .0503 CETANE RANGE OF COMMERCIAL DIESEL FUELS No number within the cetane range of commercial diesel fuels shall be used as a prefix, suffix, or any part of a brand name, unless the registered cetane number is at least equivalent to said number. History Note: Authority…

02 NCAC 42 .0504 REGISTRATION PROVISIONS (a) The director may decline to register any brand name containing a qualitative word or term inconsistent with any quality specification certified on the application for registration. (b) Any person who registered a brand name for a motor…