North Carolina Administrative Code

02 NCAC 09K .0107 TEST REPORTING (a) A tester shall report all tests conducted on milk or cream for each producer payment period and shall maintain a permanent record, in duplicate, of the test results. (b) A tester shall supply both individual sample butterfat test results and m…

02 NCAC 09K .0108 INCORRECT TESTS (a) If the Commissioner determines that tests of milk or cream have been made erroneously by a tester, he shall notify in writing the manager of the plant from which the samples were collected that the test results are in error and inform the man…

02 NCAC 09K .0109 SAMPLING AND TESTING FOR FRESH MILK SAMPLES (a) The fresh sampling method shall be utilized as the exclusive method for sampling milk and cream. (b) Fresh samples shall be collected from every producer's shipment of milk and delivered to the buyer. (c) Fresh sam…

02 NCAC 09K .0112 SAMPLING CREAM (a) Cream samples shall be obtained by following the same procedure as in sampling milk. (b) A sampler shall obtain at least a two-ounce sample of cream. History Note: Authority G.S. 106-267; 106-267.2; Eff. February 1, 1982; Amended Eff. December…

02 NCAC 09K .0113 PROCEDURE FOR TESTING CREAM Cream shall be tested as set forth in either the Official Methods of Analysis of the AOAC, incorporated by reference in 02 NCAC 09B .0116(a), or the Standard Methods for the Examination of Dairy Products, incorporated by reference in …

02 NCAC 09K .0114 REFERENCE METHOD The automated method shall be calibrated as set forth in the Official Methods of Analysis of the AOAC, incorporated by reference in 02 NCAC 09B .0116(a), or the Standard Methods for the Examination of Dairy Products, incorporated by reference in…

SECTION .0200 - FROZEN DESSERTS 02 NCAC 09K .0201 SPECIFIC REQUIREMENTS The requirements in the rules of this Section shall apply in addition to the regulations set out in Title 21, Code of Federal Regulations, parts of 110 and 135 as adopted by reference in 02 NCAC 09B .0116(o)(…

02 NCAC 09K .0202 DEFINITIONS (a) "Wholesale Frozen Dessert Manufacturer" means any owner or operator of an establishment where frozen desserts are made or stored for disposal at wholesale to retail dealers for resale in this State. (b) "Retail Frozen Dessert Manufacturer" means …

02 NCAC 09K .0203 INSPECTION CERTIFICATES (a) A person shall not operate as a wholesale or retail frozen dessert manufacturer, a wholesale or retail cheese manufacturer, or a wholesale butter processing manufacturer without first obtaining an inspection certificate issued by the …

02 NCAC 09K .0204 SUSPENSION OF INSPECTION CERTIFICATE/PENALTIES (a) If, during the period for which an inspection certificate is in effect, the Commissioner determines that a retail frozen dessert freezer, dispenser milk machine, or mobile frozen dessert unit does not comply wit…

02 NCAC 09K .0205 STANDARDS FOR MOBILE FROZEN DESSERT UNITS (a) Mobile frozen dessert units shall operate out of a stationary depot, which shall provide storage, cleaning, and toilet facilities. (b) Floors, walls, and ceilings of mobile frozen dessert units shall be constructed o…

02 NCAC 09K .0206 FROZEN DESSERT MIX/STANDARDS FOR USE (a) No person shall use rerun in any retail frozen dessert dispenser. (b) Dry frozen dessert mixes shall be reconstituted with potable water or a pasteurized Grade A product and the resulting product shall be cooled to a temp…

02 NCAC 09K .0207 FROZEN DESSERT MIX/STANDARD OF IDENTITY A product shall not be labeled as "frozen dessert mix" unless the product resulting from the frozen dessert mix conforms to the standards of identity established for that product. History Note: Authority G.S. 106-253; 106-…

02 NCAC 09K .0208 DIETARY FROZEN DESSERT STANDARDS (a) Dietary frozen dessert is the food prepared by freezing while stirring a pasteurized mix containing one or more of the following ingredients: (1) optional dairy ingredients permitted by 21 CFR 135; (2) safe, suitable stabiliz…

02 NCAC 09K .0209 QUIESCENTLY FROZEN DAIRY CONFECTIONS (a) Quiescently frozen dairy confections shall contain: (1) water; (2) not less than 13 percent by weight of total milk solids; (3) not less than 33 percent by weight of total food solids; (4) not more than one-half of one pe…

02 NCAC 09K .0210 QUIESCENTLY FROZEN CONFECTIONS (a) Quiescently frozen confections shall contain: (1) water; (2) sugar; (3) flavoring; and (4) not less than 17 percent by weight of total food solids. (b) Quiescently frozen confections may contain: (1) milk solids; (2) coloring; …

02 NCAC 09K .0211 IMITATION FROZEN DESSERT STANDARDS (a) A person who sells or offers for sale any imitation frozen dessert at the retail level, shall make this fact clear to the public by posting a sign near the product. (b) A person shall display all signs and notices required …

02 NCAC 09K .0212 BACTERIAL PLATE COUNT AND COLIFORM COUNTS Ice cream, other frozen milk products, water ices, and all mixes in dry form shall at no time after pasteurization and until delivery for consumption show a bacterial plate count in excess of 50,000 bacteria per gram; pr…

02 NCAC 09K .0213 STANDARDS OF IDENTITY FOR MILKSHAKES AND RELATED PRODUCTS (a) A person shall label a product milkshake, milkshake mix, or milkshake base only if the product complies with the criteria established in these Rules. (b) Milkshake is a food product which consists of …

02 NCAC 09K .0214 STANDARDS OF IDENTITY FOR FROZEN YOGURT Frozen yogurt means a food that is prepared by freezing while stirring a pasteurized mix of the ingredients provided for in ice cream and which may contain other ingredients permitted under the Federal Food, Drug, and Cosm…

SUBCHAPTER 09L - PESTICIDE SECTION SECTION .0100 - ORGANIZATIONAL RULES 02 NCAC 09L .0101 DUTIES OF THE PESTICIDE SECTION History Note: Authority G.S. 106-65.23; 143-461(5); Eff. February 1, 1976; Amended Eff. August 1, 1982; January 27, 1978; Repealed Eff. September 1, 2020.

02 NCAC 09L .0102 DUTIES (CONTINUED) The North Carolina Pesticide Board has delegated the following statutory powers, duties, and authorities to the Commissioner of Agriculture: (1) the first sentence of G.S. 143-442(a); (2) G.S. 143-442(c); (3) the first two sentences of G.S. 14…

02 NCAC 09L .0103 ASSIGNMENT OF DUTIES The Commissioner of Agriculture has assigned the administrative and enforcement duties and functions assigned to him in the North Carolina Pesticide Law of 1971 to the Structural Pest Control and Pesticides Division of the North Carolina Dep…

02 NCAC 09L .0207 EXEMPTION OF AGENCIES FOR USE OF PESTICIDES IN EMERGENCIES History Note: Authority G.S. 143-437; 143-440; 143-461; 150B-14; Eff. August 7, 1977; Repealed Eff. November 1, 1988.

SECTION .0300 - REGISTRATION 02 NCAC 09L .0301 REGISTRATION CUSTOM-BLENDED PESTICIDE-FERTILIZER MIXTURES (a) Custom-blended pesticide-fertilizer mixtures are hereby exempted from the registration requirement of the North Carolina Pesticide Law of 1971 provided the following requi…

02 NCAC 09L .0306 ADDITIONAL INFORMATION (a) Other information as authorized by the North Carolina Pesticide Law of 1971 may be requested to support application for registration of a pesticide. Such other information may include but is not limited to the following: (1) additional…

02 NCAC 09L .0307 REVIEW OF APPLICATION FOR COMPLETENESS History Note: Authority G.S. 143-442; Eff. February 1, 1976; Amended Eff. August 1, 1982; November 30, 1978; January 27, 1978; Repealed Eff. November 1, 1988.

02 NCAC 09L .0308 REGISTRATION FOR THE FOLLOWING YEAR Registration of a pesticide registered the previous year will be renewed provided its registration status with the Environmental Protection Agency remains unchanged at the time of review and its continued use in North Carolina…

02 NCAC 09L .0309 DISCONTINUED PRODUCTS History Note: Authority G.S. 143-442; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

02 NCAC 09L .0310 REREGISTRATION Reregistration of a pesticide registered the previous year with the label or labeling revised shall be accepted provided the following conditions are met: (1) The revision and amendment have been accepted by the Environmental Protection Agency or …

02 NCAC 09L .0313 REFUNDS OF FEES In the event registration is denied, the registration fee is refunded to the applicant along with reasons for denial. History Note: Authority G.S. 143-442; 143-464; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without sub…

02 NCAC 09L .0316 COMMON AND CHEMICAL NAMES OF PESTICIDES The North Carolina Pesticide Board adopts by reference in accordance with G.S. 150B-14(c) the volume entitled "Acceptable Common Names and Chemical Names for the Ingredient Statement on Pesticide Labels," as published by t…

02 NCAC 09L .0317 REGISTRATION OF PESTICIDES TO MEET SPECIAL LOCAL NEEDS "Regulations Pertaining to State Registration of Pesticides to Meet Special Local Needs," 40 C.F.R. Part 162, Subpart D is incorporated by reference, including subsequent amendments and editions. This docume…

02 NCAC 09L .0318 EXEMPTION OF AGENCIES FOR USE OF PESTICIDES IN EMERGENCIES "Exemption of Federal and State Agencies for Use of Pesticides in Emergencies," 40 C.F.R. Section 166 is incorporated by reference including subsequent amendments and editions. This document may be obtai…

SECTION .0400 - SAMPLES AND SUBMISSIONS 02 NCAC 09L .0401 SAMPLES: SUBMISSIONS History Note: Authority G.S. 143-446; Eff. February 1, 1976; Amended Eff. August 1, 1982; January 27, 1978; Repealed Eff. November 1, 1988.

02 NCAC 09L .0402 TOLERANCES In regards to establishing tolerances providing for deviations from the guaranteed analysis statement for official samples, the following enforcement standards shall apply: (1) A "passed" judgment on a pesticide formulation shall be made if the analyt…

02 NCAC 09L .0403 PESTICIDE SAMPLING PROCEDURES History Note: Authority G.S. 143-443; 143-446; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

SECTION .0500 - PESTICIDE LICENSES 02 NCAC 09L .0501 CRITERIA FOR PESTICIDE DEALER History Note: Authority G.S. 143-448; 143-449; 143-460(30); Eff. February 1, 1976; Repealed Eff. September 1, 1987.

02 NCAC 09L .0502 LIST OF RESTRICTED USE PESTICIDES For the purpose of this Subchapter a "restricted use pesticide" shall be: (1) any pesticide required by the Environmental Protection Agency to bear the designation on its labeling "Restricted Use Pesticide;" (2) arsenic trioxide…

02 NCAC 09L .0503 PESTICIDE APPLICATORS (a) At least one person at each business location shall hold a pesticide applicator license, and be responsible for the application of pesticides for routine pest control. (b) The person licensed as the pesticide applicator shall supervise …

02 NCAC 09L .0504 DEFINITIONS The following definitions apply to pesticide applicators: (1) "Agricultural pest control" and it's subcategories shall apply to the following: (a) Crop pest control means pesticide applicators using or supervising the use of pesticides in the product…

02 NCAC 09L .0505 CLASSIFICATIONS (a) The North Carolina Pesticide Board hereby incorporates by reference, for all Pesticide Applicators, Part 171.101 "Commercial applicator certification categories" of Title 40: Protection of Environment of the Code of Federal Regulations, title…

02 NCAC 09L .0506 GOVERNMENTAL WORKERS Persons in job classifications in the government unit or agencies listed below are required to be licensed as public operators: (1) North Carolina Department of Transportation, division of highway (14 divisions); (2) United States Department…

02 NCAC 09L .0507 CATEGORIES OF CONSULTANTS Each person acting as a pest control consultant as defined in G.S. 143-460(27) shall be licensed. The categories requiring a license shall include the following: (1) agricultural pest control: (a) crop pest control; (b) livestock pest c…

02 NCAC 09L .0508 SUBCATEGORIES OF CONSULTANTS History Note: Authority G.S. 143-455; 143-460(27); Eff. February 1, 1976; Amended Eff. August 1, 1982; January 27, 1978; Repealed Eff. November 1, 1988.

02 NCAC 09L .0509 CONSULTANT EDUCATION REQUIREMENTS (a) An applicant for a pest control consultant license shall possess a Ph.D., master's, or bachelor's degree in an agricultural or biological science from an accredited college or university with 30 semester hours or 45 quarter …

02 NCAC 09L .0512 AGE REQUIREMENT A pesticide applicator must be at least 18 years old. History Note: Authority G.S. 143-437; 143-449(b); 143-453(b); Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 22, 2018; …

02 NCAC 09L .0515 RE-EXAMINATIONS History Note: Authority G.S. 143-449(b); 143-452(f); 143-453(b); 143-455(c); Eff. February 1, 1976; Amended Eff. October 27, 1979; Repealed Eff. September 1, 2020.

02 NCAC 09L .0516 CONTINUANCES Any firm, corporation, or government unit that is deprived of the services of the sole individual at an business location who is licensed as a pesticide dealer may continue to operate in their usual manner for a maximum of two months, provided: (1) …

02 NCAC 09L .0517 PASSING GRADES Passing grade for the examinations will be grade 70. History Note: Authority G.S. 143-449(b); 143-453(b); 143-455(c); Eff. February 1, 1976; Amended Eff. September 1, 1987; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public …