North Carolina Administrative Code

02 NCAC 09L .1112 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 private pesticide applicator, or a criminal conviction or entry of a plea of gui…

SECTION .1200 - ARSENIC TRIOXIDE 02 NCAC 09L .1201 RESTRICTIONS ON USE AND STORAGE All pesticide formulations containing the active ingredient arsenic trioxide shall not be used or stored inside or adjacent to any building used as a human dwelling. History Note: Authority G.S. 14…

02 NCAC 09L .1202 PESTICIDE DEALER AND PURCHASER RESPONSIBILITY The pesticide dealer shall secure the signature of the purchaser attesting to the fact that the purchaser has knowledge of the use restrictions on arsenic trioxide contained in this Section. However, any licensed pes…

02 NCAC 09L .1203 EXEMPTION OF LICENSED PESTICIDE APPLICATOR History Note: Authority G.S. 143-440(b); 143-441; Eff. April 21, 1977; Repealed Eff. November 1, 1988.

SECTION .1300 - AVAILABILITY OF RESTRICTED USE PESTICIDES 02 NCAC 09L .1301 DEFINITIONS (a) The term "end use" as used in this Section means those activities attendant to the application of a pesticide to a site. (b) All other specific words or terms used in this Regulation shall…

02 NCAC 09L .1302 GENERAL REQUIREMENTS It shall be unlawful for any person to make any restricted use pesticide available for use to any person other than a certified private applicator, licensed pesticide applicator, certified structural pest control applicator, structural pest …

02 NCAC 09L .1303 EXEMPTIONS (a) Restricted use pesticides may be made available to a noncertified employee under the direct supervision of a certified private or licensed pesticide applicator, certified structural pest control applicator, or structural pest control licensee prov…

02 NCAC 09L .1304 RESTRICTIONS History Note: Authority G.S. 143-440; 143-463; 143-466; Eff. August 26, 1977; Amended Eff. February 5, 1978; Repealed Eff. November 1, 1988.

02 NCAC 09L .1305 RECORD KEEPING REQUIREMENTS All licensed pesticide dealers, as defined in G.S. 143-460, shall keep records of all sales of restricted use pesticides showing the following: (1) date of sale; (2) initials of sales clerk; (3) name of certified or licensed applicato…

02 NCAC 09L .1306 RECIPIENT IDENTIFICATION Prior to making restricted use pesticides available to those identified in Rule .1302 of this Section or the employee as identified in Rule .1303 of this Section, the pesticide dealer or the designated representative of the pesticide dea…

SECTION .1400 - GROUND APPLICATION OF PESTICIDES 02 NCAC 09L .1401 DEFINITIONS All specific words or terms used in this Section other than those defined below shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143-460: (1) "Adverse Effect" …

02 NCAC 09L .1402 RECORD KEEPING REQUIREMENTS All pesticide applicators, as defined in G.S. 143-460 utilizing ground equipment, shall keep for three years, records created within 72 hours after each application of all applications of restricted use pesticides. The records shall c…

02 NCAC 09L .1403 EXEMPTIONS TO 2 NCAC 9L .1402 History Note: Authority G.S. 143-458; 143-463; 143-466(a); Eff. October 21, 1977; Amended Eff. August 1, 1985; August 1, 1982; Repealed Eff. November 1, 1988.

02 NCAC 09L .1404 DRIFT CONTROL No person shall apply a pesticide(s) under such conditions that drift from pesticide(s) particles or vapors results in adverse effect. History Note: Authority G.S. 143-458; 143-463; Eff. August 1, 1985; Readopted Eff. August 1, 2020.

02 NCAC 09L .1405 EXEMPTIONS TO 2 NCAC 9L .1404 History Note: Authority G.S. 143-458; 143-463; Eff. August 1, 1985; Repealed Eff. November 1, 1988.

02 NCAC 09L .1805 ADOPTION BY REFERENCE 40 CFR Part 170, "Worker Protection Standard" is incorporated by reference, including subsequent amendments and editions. Copies of this material may be obtained from the U.S. Government Printing Office, Washington, D.C. 20402, at no cost a…

02 NCAC 09L .1806 CROP ADVISOR EXEMPTION For the purposes of exemptions contained in 40 CFR Part 170.601 of the Worker Protection Standard, the following definitions shall be in effect throughout this Section: (1) "Crop Advisor" means any certified and licensed "pest control cons…

02 NCAC 09L .1807 SPECIFIC INFORMATION ABOUT APPLICATIONS History Note: Authority G.S. 143-466(a); Eff. May 1, 2009; Expired Eff. December 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .1900 - PESTICIDE STORAGE 02 NCAC 09L .1901 DEFINITIONS All specific words or terms used in this Section other than those defined in this Rule shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143-460. (1) "Storage" means the act o…

02 NCAC 09L .1902 STORAGE REQUIREMENTS FOR ALL PESTICIDES (a) The requirements of this Rule shall apply to all pesticides. (b) Pesticides shall be stored to prevent leaking and to facilitate inspection. (c) Formulated pesticide products shall not be stored in unlabeled containers…

02 NCAC 09L .1903 COMMERCIAL STORAGE: RESTRICTED USE PESTICIDES History Note: Authority G.S. 143-437; 143-440 through 143-443; 143-447; 143-461; 143-466; Eff. January 1, 1984; Repealed Eff. November 1, 1988.

02 NCAC 09L .1904 NOTIFICATION REQUIREMENTS: RESTRICTED USE PESTICIDES History Note: Authority G.S. 143-437; 143-441; 143-461; 143-466; Eff. January 1, 1984; Amended Eff. November 1, 1989; Expired Eff. December 1, 2018 pursuant to G.S. 150B-21.3A.

02 NCAC 09L .1905 STORAGE FACILITY REQUIREMENTS: RUP (a) In addition to the requirements as set forth in Rule .1902 of this Section, the requirements of this Rule shall apply to any quantity of restricted use pesticides in commercial storage. (b) Storage areas shall utilize secur…

02 NCAC 09L .1906 LARGE STORAGE FACILITY REQUIREMENTS: RUP (a) In addition to Rule .1905 of this Section, the requirements of this Rule shall apply to large storage facilities. (b) Pesticides shall not be stored within 200 feet of the property line of any schools, hospitals, nurs…

02 NCAC 09L .1907 PURPOSE AND IMPLEMENTATION OF CONTINGENCY PLAN The provisions of the contingency plan shall be carried out whenever there is a fire, explosion, spill, or other release of pesticides or pesticide contaminated materials which could threaten human health or the env…

02 NCAC 09L .1908 CONTENT OF CONTINGENCY PLAN (a) The contingency plan shall describe the actions facility personnel shall take to respond to fires, explosions, spills, or any other release of pesticides or pesticide contaminated materials to air, soil, or surface water at the fa…

02 NCAC 09L .1909 COPIES OF CONTINGENCY PLAN A copy of the contingency plan and all revisions to the plan shall be: (1) maintained at the facility; and (2) submitted to the North Carolina Pesticide Board in care of the North Carolina Department of Agriculture and Consumer Service…

02 NCAC 09L .1910 REVIEW AND RETURN OF CONTINGENCY PLAN History Note: Authority G.S. 143-437; 143-441; 143-461; 143-466; Eff. January 1, 1984; Amended Eff. November 1, 1989; Expired Eff. December 1, 2018 pursuant to G.S. 150B-21.3A.

02 NCAC 09L .1911 AMENDMENT OF CONTINGENCY PLAN The contingency plan shall be reviewed and immediately amended and resubmitted to the Board, if necessary, whenever: (1) the plan fails in an emergency; (2) the facility changes -- in its design, construction, operation, or maintena…

02 NCAC 09L .1912 COMMERCIAL PESTICIDE APPL STORAGE REQ: RUP History Note: Authority G.S. 143-437; 143-440; 143-441; 143-461; 143-466; Eff. January 1, 1984; Repealed Eff. November 1, 1989.

02 NCAC 09L .1913 EFFECTIVE DATE OF STORAGE REGULATION History Note: Authority G.S. 143-441; 143-461; Eff. January 1, 1984; Repealed Eff. August 1, 2020.

02 NCAC 09L .1914 BULK STORAGE REQUIREMENTS (a) Outlets, filler, and access ports shall be locked at all times when not in use. Keys to the outlet, filler, and access ports shall be in the possession of the purchaser and his or her authorized employees only. Locks on ports are no…

SECTION .2000 - CHEMIGATION 02 NCAC 09L .2001 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, or unless the context otherwise requires, other definitions shall be: (1)…

02 NCAC 09L .2002 APPLICATION OF PESTICIDES THROUGH IRRIGATION SYSTEMS (a) Irrigation systems shall be fitted with antisiphon devices and a functional systems interlock that will prevent the backflow of pesticide or pesticide-water mixtures into water supplies or the backflow of …

02 NCAC 09L .2003 PROHIBITION OF CONNECTION TO A PUBLIC WATER SYSTEM (a) An irrigation system used for pesticide application shall not be connected to a public water system. (b) The water from a public water system shall be discharged into a reservoir tank. (c) There shall be a p…

02 NCAC 09L .2004 INSPECTION: INSTALLATION: MAINTENANCE AND MODIFICATIONS (a) Antisiphon devices and a functional systems interlock, used for chemigation purposes, shall be installed and maintained in accordance with manufacturer's directions during chemigation. (b) During period…

SECTION .2100 - HEARING RULES OF THE NORTH CAROLINA PESTICIDE BOARD 02 NCAC 09L .2101 NOTICE OF HEARING: ANSWER (a) The contents and manner of service of notice of hearing in a contested case shall be as prescribed in G.S. 150B-38(b) and (c). (b) Any party who has been served wit…

02 NCAC 09L .2102 RIGHT TO HEARING (a) Contested Cases. Disciplinary proceedings to enforce the provisions of North Carolina Pesticide Law of 1971 and 2 NCAC 9L are deemed to be "contested cases" within the meaning of G.S. 150B-2, and any person subject to such proceedings shall …

02 NCAC 09L .2103 LOCATION OF HEARING The location of the hearing in a contested case shall be as prescribed in G.S. 150B-38(e). History Note: Authority G.S. 143-437; 150B-38; Eff. February 1, 1992; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interes…

02 NCAC 09L .2104 INTERVENTION; DISCOVERY (a) The intervention of persons not initially parties to a contested case is governed by G.S. 150B-38(f). Petitions or motions to intervene must be in writing. The Board shall promptly determine whether to grant or deny intervention and s…

02 NCAC 09L .2105 SUBPOENAS The authority of the Board to issue or revoke subpoenas in preparation for, or in the conduct of, contested cases is governed by G.S. 150B-39. If a subpoena is issued at the request of a party and not on the Board's own motion, that party shall bear th…

02 NCAC 09L .2106 CONDUCT OF HEARING (a) Hearings in contested cases shall be conducted by a majority of the Board. The chairman shall serve as presiding officer unless he is absent or disqualified, in which case the vice-chairman shall preside. Hearings shall be conducted as pre…

02 NCAC 09L .2107 DECISION OF BOARD (a) The form and content of the Board's decision in a contested case shall be as prescribed by G.S. 150B-42(a), and its decision shall be served upon the parties in a manner consistent with said statute. (b) The official record of the hearing i…

SECTION .2200 - INTERIM PROTECTION MEASURES FOR THE CAROLINA HEELSPLITTER MUSSEL 02 NCAC 09L .2201 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. History Note: Author…

02 NCAC 09L .2202 PESTICIDE USE LIMITATION AREAS The table in 02 NCAC 09L .2203 contains pesticide active ingredients that have specific limitations on pesticide use in order to protect the federally listed endangered species Carolina heelsplitter (Lasmigona decorata) in Union Co…

02 NCAC 09L .2203 PESTICIDES WITH ADDITIONAL USE LIMITATIONS The application of any of the following pesticides in the vicinity of the areas identified in Rule .2202 of this Section shall not occur within the areas identified by the codes in the following table: Pesticide Active …

SUBCHAPTER 09M - DRUGS 02 NCAC 09M .0101 MANUFACTURER REGISTRATION (a) Every person doing business in North Carolina and operating as a prescription drug manufacturer, repackager or wholesaler shall submit a completed prescription drug registration form to the department. A separ…

02 NCAC 09M .0102 ADOPTION BY REFERENCE History Note: Authority G.S. 106-145.12; 106-145.10; Eff. July 1, 2010; Pursuant to G.S. 150B-21.3A, rule Expired April 1, 2015.

02 ncac 09m .0103 Duty to verify suppliers Wholesale prescription drug distributors that have distribution facilities in North Carolina shall not purchase or accept delivery of a prescription drug from suppliers that are not licensed or registered to ship or sell in or into North…

subchapter 09N – infant formula 02 NCAC 09N .0101 INFANT FORMULA STANDARD OF QUALITY (a) Infant formula shall not be sold, held for sale or offered for sale after the "use by" date appearing on the label. (b) For the purpose of this Rule, "infant formula" shall have the same mean…