North Carolina Administrative Code

02 NCAC 09L .0518 FINANCIAL RESPONSIBILITY FOR PESTICIDE APPLICATORS History Note: Authority G.S. 143-467(a) through (c); Eff. February 1, 1976; Repealed Eff. December 31, 1977.

02 NCAC 09L .0519 CERTIFICATION (a) Pesticide applicators, public operators, and pest control consultants, as defined by G.S. 143-460, who have completed the pesticide license examination requirements of G.S. 143-453 or 143-455, as applicable, are certified to use or supervise th…

02 NCAC 09L .0520 RECERTIFICATION REQUIREMENTS (a) In order to ensure that certified pesticide applicators, public operators, and pest control consultants continue to meet the needs of changing technology necessary for the use of pesticides, they shall be subject to recertificati…

02 NCAC 09L .0521 RECERTIFICATION CREDIT COMMITTEE History Note: Authority G.S. 143-437(1); Eff. September 10, 1980; Amended Eff. August 1, 1982; Repealed Eff. November 1, 1988.

02 NCAC 09L .0522 RECERTIFICATION OPTIONS (a) Pesticide applicators, public operators, and pest control consultants may be recertified by completion of approved continuing certification credit requirements in the pest control category in which the individual is certified and desi…

02 NCAC 09L .0523 RECERTIFICATION IN ADDITIONAL CATEGORIES (a) Individuals desiring to retain certification in more than one pest control category shall complete for each category any one of the recertification options described in Rule .0522 of this Section. (b) Individuals desi…

02 NCAC 09L .0524 EXPIRATION OF CERTIFICATION (a) The recertification period shall expire on June 30th. (b) Each certified individual shall be notified 6-9 months prior to the recertification expiration date of the individual's remaining requirements for recertification. (c) A ce…

02 NCAC 09L .0525 RECERTIFICATION OF PESTICIDE DEALERS (a) Pesticide dealers who have completed the pesticide license examination requirements of G.S. 143-449 are certified for a period of five years. However, all such individuals shall renew their pesticide licenses annually, as…

02 NCAC 09L .0526 PESTICIDE DEALER RECERTIFICATION OPTIONS (a) A pesticide dealer may be recertified by completing five approved Pesticide Dealer Continuing Certification Credits. A "Pesticide Dealer Continuing Certification Credit" is defined as one hour of approved Pesticide De…

02 NCAC 09L .0527 EXPIRATION OF PESTICIDE DEALER CERTIFICATION Pesticide dealers shall be subject to the same certification expiration requirements as set forth in Rule .0524 of this Section. History Note: Authority G.S. 143-448; 143-449; Eff. October 22, 1981; Readopted Eff. Aug…

02 NCAC 09L .0528 RECERTIFICATION CREDIT APPROVAL (a) The pesticide section shall receive requests for approval of sponsored training toward recertification, evaluate each proposed program based on criteria approved by the Board, and assign appropriate Continuing Certification Cr…

02 NCAC 09L .0529 SOIL and growing media fumigation examination waiver History Note: Authority G.S. 143-453(b); Eff. August 1, 2015; Repealed Eff. September 1, 2020.

02 NCAC 09L .0530 PROHIBITED ACTS A final order imposing civil liability under Section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (codified at 7 USC 136l(a)) against any pesticide dealer, pesticide applicator, public operator, or pest control consult…

02 NCAC 09L .0531 PESTICIDE LICENSE EXAMINATION REQUIREMENT (a) The North Carolina Pesticide Board, hereby incorporates by reference for all Pesticide Applicators, Part 171.103 (a) through (e) "Standards for certification of commercial applicators" of Title 40: Protection of Envi…

SECTION .0600 - PESTICIDE AND PESTICIDE CONTAINER DISPOSAL 02 NCAC 09L .0601 DEFINITIONS The following definitions will be in effect throughout 2 NCAC 9L .0600: (1) "Container" means any package, can, bottle, bag, barrel, drum, tank, or other containing device (excluding spray ap…

02 NCAC 09L .0602 DISPOSAL OF PESTICIDES (a) Any person disposing of pesticides shall give first preference to recovering some useful value from excess pesticides. Whenever possible, excess pesticide shall be used according to its labeling for the purpose originally intended. (b)…

02 NCAC 09L .0603 DISPOSAL OF PESTICIDE CONTAINERS (a) Prior to disposal, all pesticide containers shall be emptied, using the practices employed to remove materials from that type of container; including shaking, pumping, pouring, triple rinsing, or equivalent, and draining into…

02 NCAC 09L .0604 PROHIBITED DISPOSAL PROCEDURES No person shall dispose of any pesticide or pesticide container in any of the following manners: (1) in a manner inconsistent with these rules; (2) so as to cause or allow open dumping of pesticides or pesticide containers; (3) so …

SECTION .0700 - DECLARATION OF PESTS AND RESTRICTIONS ON THEIR CONTROL 02 NCAC 09L .0701 ORCHARD RATS The North Carolina Pesticide Board hereby declares as a pest pine voles (Pitymys, or Microtus Pinetorum) and meadow voles (Microtus pennsylvanicus), (called orchard rats) on or a…

02 NCAC 09L .0702 RESTRICTIONS CONCERNING CONTROL OF ORCHARD RATS Pesticides used to control Orchard Rats shall be applied according to label directions to minimize the hazards to nontarget species. History Note: Authority G.S. 143-458; Eff. February 1, 1976; Readopted Eff. Augus…

02 NCAC 09L .0703 GULLS The North Carolina Pesticide Board hereby declares as a pest gulls (members of the genus Larus) on or adjacent airport runways when they occur in such manner that may endanger air traffic by impacting landings and take-offs. History Note: Authority G.S. 14…

02 NCAC 09L .0704 RESTRICTIONS CONCERNING CONTROL OF GULLS History Note: Authority G.S. 143-458; Eff. February 1, 1976; Expired Eff. December 1, 2018 pursuant to G.S. 150B-21.3A.

02 NCAC 09L .0705 RESTRICTIONS CONCERNING CONTROL OF PIGEONS The following restrictions apply concerning the use of pesticides in controlling the pigeon (Columba livia), also known as rock dove: (1) only materials registered for pigeons shall be used; (2) the pesticides shall be …

02 NCAC 09L .0706 RED-WINGED BLACKBIRD (a) The North Carolina Pesticide Board hereby declares the red-winged blackbird, agelaius phoeniceus (linnaeus) to be a pest. (b) Pesticides registered for use to control the red-winged blackbird may be used when it is committing or about to…

02 NCAC 09L .0707 EASTErn and Hairy-tailed moles (a) The North Carolina Pesticide Board hereby declares the eastern mole, Scalopus aquaticus, and the hairy-tailed mole, Parascalops breweri, to be pests. (b) Pesticides registered for use to control the eastern mole and the hairy-t…

02 NCAC 09L .0810 ADOPTION BY REFERENCE Part 165 of Title 40: Protection of Environment of the Code of Federal Regulations, entitled "Pesticides Management and Disposal Subpart E – Standards for Pesticide Containment Structures is incorporated by reference, including subsequent a…

SECTION .0900 - FORMS 02 NCAC 09L .0901 DESIGNATIONS History Note: Authority G.S. 143-461; Eff. February 1, 1976; Amended Eff. November 1, 1988; January 1, 1984; August 1, 1982; November 30, 1978; Expired Eff. December 1, 2018 pursuant to G.S. 150B-21.3A.

02 NCAC 09L .0902 FORM PC-400 History Note: Authority G.S. 143-461; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

02 NCAC 09L .0903 FORM PC-401 History Note: Authority G.S. 143-442; 143-461; Eff. February 1, 1976; Repealed Eff. November 30, 1978.

02 NCAC 09L .0920 FORM PC-417 History Note: Authority G.S. 143-441; 143-461; Eff. January 1, 1984; Repealed Eff. November 1, 1988.

SECTION .1000 - AERIAL APPLICATION OF PESTICIDES 02 NCAC 09L .1001 DEFINITIONS All specific words or terms used in this Section shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143-460, unless the context otherwise requires. (1) "Agricult…

02 NCAC 09L .1002 GENERAL REQUIREMENTS (a) All agricultural aircraft operations in North Carolina shall comply with the Federal Occupational Safety and Health Act of 1971 (OSHA), Title 29 U.S.C. Chapter 15; the North Carolina Occupational Safety and Health Law, G.S. Chapter 95 Ar…

02 NCAC 09L .1003 DRIFT CONTROL No person shall apply a pesticide or pesticides aerially under such conditions that drift from pesticide particles or vapors results in adverse effect. History Note: Authority G.S. 143-458; 143-463; Eff. July 2, 1976; Amended Eff. January 1, 1985; …

02 NCAC 09L .1004 HANDLING AND LOADING OF PESTICIDES History Note: Authority G.S. 143-458; 143-463; Eff. July 2, 1976; Amended Eff. January 1, 1985; Expired Eff. December 1, 2018 pursuant to G.S. 150B-21.3A.

02 NCAC 09L .1005 RESTRICTED AREAS (a) No pesticide shall be applied by aircraft within the limits of any congested area except when permission is granted under 14 CFR Part 137. (b) No pesticide shall be deposited by aircraft within 300 feet of the premises of schools, hospitals,…

02 NCAC 09L .1006 EXEMPTIONS There shall be no exemptions from this Section except under the following conditions: (1) During an emergency proclaimed by the Commissioner, under G.S. 143.461(2), specific aerial applicators may, on a temporary basis, be exempted from all, or from s…

02 NCAC 09L .1007 EMERGENCY EXEMPTION: PAMLICO COUNTY: MOSQUITOES History Note: Filed as an Emergency Regulation Eff. September 30, 1977, for a Period of 20 Days to Expire on October 20, 1977; Authority G.S. 143-458; Expired Eff. October 20, 1977.

02 NCAC 09L .1008 EMERGENCY EXEMPTION: BEAUFORT COUNTY: MIDGES History Note: Filed as an Emergency Regulation Eff. July 17, 1978, for a Period of 30 Days to Expire on August 16, 1978; Authority G.S. 143-458; 143-461; Expired Eff. August 16, 1978.

02 NCAC 09L .1009 NOTIFICATION OF APIARIES (a) Any person who hires the services of an aerial applicator to apply a pesticide labeled as toxic to bees shall notify, based on available listings of registered apiaries, the owner or operator of any registered apiary located within o…

SECTION .1100 - PRIVATE PESTICIDE APPLICATOR CERTIFICATION 02 NCAC 09L .1101 CERTIFICATION History Note: Authority G.S. 143-440; Eff. October 21, 1977; Amended Eff. August 1, 1987; Repealed Eff. October 1, 2002.

02 NCAC 09L .1102 DEFINITIONS The following definitions apply in this Section. (1) "Certified applicator" means any individual who is certified to use or supervise the use of any restricted use pesticide. (2) "Noncertified applicator" means any person who is not certified in acco…

02 NCAC 09L .1103 CERTIFICATION EXAMINATION (a) ADOPTION BY REFERENCE. The North Carolina Pesticide Board hereby incorporates by reference, including subsequent amendments and editions, Part 171.105 (a) through (i) "Standards for certification of private applicators" of Title 40:…

02 NCAC 09L .1104 SINGLE PURCHASE EMERGENCY CERTIFICATION PERMIT (a) For emergency certification of any applicant who has not previously been certified and did not anticipate the need for a restricted use pesticide, a 10-day Single Purchase Emergency Certification Permit may be i…

02 NCAC 09L .1105 APPLICATIONS UNDER SUPERVISION OF CERTIFIED APPLICATOR (a) The North Carolina Pesticide Board hereby incorporates by reference, including subsequent amendments and editions, Part 171.201 (a) through (d) of Title 40: Protection of Environment of the Code of Feder…

02 NCAC 09L .1106 RECERTIFICATION History Note: Authority G.S. 143-440; Eff. December 1, 1976; Repealed Eff. October 1, 2002.

02 NCAC 09L .1107 AGE LIMITATIONS Individuals who wish to be certified as private pesticide applicators shall be at least 18 years old prior to participating in a certification option or being issued a single purchase permit under the emergency certification procedure, as set for…

02 NCAC 09L .1108 TERM OF CERTIFICATION; RECERTIFICATION (a) The term of certification shall be for a period of three years. (b) In order to be recertified as a private pesticide applicator without a written examination, a person shall complete two hours of private pesticide appl…

02 NCAC 09L .1109 certification of private applicators The following subclassifications are established for the certification of private pesticide applicators: (1) "Soil and growing media fumigation" means private pesticide applicators utilizing ground equipment applying restrict…

02 NCAC 09L .1110 RECERTIFICATION BY EXAMINATION (a) A certified private pesticide applicator who has not completed the continuing certification requirements in 02 NCAC 09L .1108 on or before September 30 of the year of certification expiration must pass a comprehensive examinati…

02 NCAC 09L .1111 CERTIFICATION/RECERTIFICATION FEE A nonrefundable fee of ten dollars ($10.00) shall be required for private pesticide applicator certification or recertification. History Note: Authority G.S. 143-440(b); Temporary Adoption Eff. October 1, 1987, for a Period of 1…