North Carolina Administrative Code

02 NCAC 31A .0102 ENSHRINEMENT Individuals with outstanding achievements in which agriculture materially benefitted are recognized. History Note: Authority G.S. 106-568.16; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest E…

SUBCHAPTER 31C - ELIGIBILITY 02 NCAC 31C .0101 QUALIFICATIONS (a) The North Carolina Agricultural Hall of Fame recognizes an individual born in North Carolina for outstanding performance in agriculture. (b) The North Carolina Agricultural Hall of Fame recognizes an individual who…

02 NCAC 31C .0102 FIELD OF ACTIVITY The field of activity of the recognized individual may be primarily scientific, practical farming, or a personality who led a great movement of agricultural progress. History Note: Authority G.S. 106-568.16; Eff. February 1, 1976; Pursuant to G…

02 NCAC 31C .0103 WRITTEN STATEMENT ON CANDIDATE (a) The sponsor of the nominee submits a written statement (three copies) outlining as completely as possible the work of the candidate and evidence of its effect on the agricultural life of the state. (b) The statement should also…

02 NCAC 31C .0104 RECIPIENT One year must have elapsed after death to be considered as recipient of the Hall of Fame Honor. History Note: Authority G.S. 106-568.16; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Sept…

SUBCHAPTER 31D - MEETINGS 02 NCAC 31D .0101 SCHEDULING History Note: Authority G.S. 106-568.13; Eff. February 1, 1976; Repealed Eff. July 1, 1988.

02 NCAC 31D .0102 LOCATION History Note: Authority G.S. 106-568.13; Eff. February 1, 1976; Expired Eff. October 1, 2017 pursuant to G.S. 150B-21.3A.

CHAPTER 34 - STRUCTURAL PEST CONTROL DIVISION SECTION .0100 - INTRODUCTION AND DEFINITIONS 02 NCAC 34 .0101 General Duties (a) Applicable to licensees only: (1) All licensed structural pest control operators shall carry out the provisions and terms of all contracts into which the…

02 NCAC 34 .0102 DEFINITIONS In addition to the definitions contained in the Act, the following definitions apply: (1) "Act or law" means the Structural Pest Control Act of North Carolina of 1955. (2) "Active infestation of a specific organism" means evidence of present activity …

02 NCAC 34 .0203 ADMINISTRATION OF OATHS The chairman of the committee or any other member of the committee may administer oaths for the purpose of administering the provisions of G.S. 106-65.28. History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 2…

02 NCAC 34 .0204 PUBLICATION OF LICENSEE/CERT. APPLICATOR ROSTERS History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Amended Eff. August 1, 1980; Repealed Eff. January 1, 1989.

02 NCAC 34 .0205 PUBLICATION OF OTHER INFORMATION History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977. Repealed Eff. August 1, 1980.

02 NCAC 34 .0206 RULE-MAKING AND ADMINISTRATIVE PROCEDURES History Note: Authority G.S. 106-2; 106-4; 106-12; 106-22; 150B-62; Eff. August 1, 1982; Repealed Eff. August 1, 1988.

SECTION .0300 - LICENSING AND CERTIFICATION 2 NCAC 34 .0301 FEES (a) License, certified applicator's identification card, and registered technician's identification card fees shall not be prorated. All license, certified applicator's identification card and registered technician'…

02 NCAC 34 .0302 APPLICATION FOR LICENSES AND CARDS: EXAMINATION (a) Application for licenses under the provisions of G.S. 106-65.26(a) and (c): (1) Application for examination shall be on a application form prescribed by the Structural Pest Control and Pesticides Division, the r…

02 NCAC 34 .0303 DATES OF EXAMINATION AND EXAMINATION REVIEW (a) Examinations for all phases of structural pest control shall be given monthly. (b) The Division shall publish the date and location of each exam at least 30 days in advance of the examination. (c) Examination review…

02 NCAC 34 .0304 BRANCH OFFICE History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Amended Eff. August 1, 1980; Repealed Eff. January 1, 1991.

02 NCAC 34 .0305 FILING FORMS All applications for a structural pest control license, certified applicator's card or registered technician's identification card shall be made on forms prescribed by the Division. Incomplete forms shall be returned to the applicant. No license, cer…

02 NCAC 34 .0306 MAILING OF RENEWAL FORMS On or before May 1 of each year the Division shall forward renewal forms to all holders of licenses and identification cards for their use in applying for renewal of said licenses, certified applicator's identification cards, and register…

02 NCAC 34 .0307 LICENSEE CERTIFICATION CARD A licensee certification card shall be provided annually to each licensee at the time of the renewal of his license(s). The licensee certification card and the license of the card holder shall bear the same license number and license p…

02 NCAC 34 .0308 DISPLAY OF CERTIFIED APPLICATOR'S IDENTIFICATION CARD A certified applicator's identification card shall be provided annually to each certified applicator at the time of the renewal of his certified applicator's identification card. If a certified applicator is e…

02 NCAC 34 .0309 RECERTIFICATION (a) The North Carolina Structural Pest Control Committee, hereby incorporates by reference for all Certified Applicators, Part 171.107 "Standards for recertification of commercial applicators" of Title 40: Protection of Environment of the Code of …

02 NCAC 34 .0310 REGISTRATION FEE Any registration fee paid for an employee shall not be refundable or transferred to another employee. History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Amended Eff. January 1, 1991; August 1, 1980; Pursu…

02 NCAC 34 .0311 RE-ISSUANCE FEE History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Repealed Eff. September 1, 1987.

02 NCAC 34 .0312 INFORMATION ON CERTIFIED APPLICATOR'S IDENTIFICATION CARDS (a) A certified applicator's identification card shall contain, but not be limited to, the following information: (1) name of certified applicator; (2) home address of certified applicator; (3) certificat…

02 NCAC 34 .0313 REGISTERED TECHNICIAN'S IDENTIFICATION CARDS/TRAINING MATERIALS (a) A registered technician's identification card shall contain, but not be limited to, the following information: (1) name of registrant; (2) name of licensee or employer; (3) name of licensee's com…

02 NCAC 34 .0314 REVOCATION AND/OR SUSPENSION OF CARDS History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Repealed Eff. August 1, 1980.

02 NCAC 34 .0315 REPLACEMENT OF LOST CARDS AND LICENSES History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Amended Eff. August 1, 1980; Repealed Eff. September 1, 1987.

02 NCAC 34 .0316 NOTIFICATION OF CHANGE OF BUSINESS ADDRESS For the purpose of the administration of the Structural Pest Control Law, the committee shall consider that the license and certified applicator's identification card are issued to the individual and that they are valid …

02 NCAC 34 .0317 LICENSE AND/OR CARD ISSUED TO ADDRESS OF HOME OFFICE The license and/or certified applicator's identification card shall be issued to the licensee and/or certified applicator at the address of his home office in North Carolina. History Note: Authority G.S. 106-65…

02 NCAC 34 .0318 CHANGE IN STATUS OF LICENSEE AND/OR CERTIFIED APPLICATOR (a) When there is a change in the status of a licensee in relation to the company or home office, the license number given to the original licensee of a company may be retained by that company or home offic…

02 NCAC 34 .0319 FILING CALL OFFICE LOCATIONS History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Amended Eff. January 1, 1991; August 1, 1980; Repealed Eff. July 1, 2000.

02 NCAC 34 .0320 DISPLAY OF LICENSE NUMBER ON SERVICE VEHICLE The license number and phase(s) of each licensee in charge of an office or the company name of the licensee as specified in Rule .0326 shall be prominently displayed on both sides of all service vehicles of that office…

02 NCAC 34 .0321 USE OF CERTIFICATION AND LICENSE NUMBERS IN ADVERTISING (a) If the license number is used in advertising or on letterhead stationery or business cards, it shall be designated as: North Carolina Pest Control License No. _____. This may be abbreviated to N.C. Pest …

02 NCAC 34 .0322 EXPIRATION OF LICENSES AND CARDS History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Amended Eff. August 1, 1980; Repealed Eff. January 1, 1991.

02 NCAC 34 .0323 DISPLAY OF LICENSE AT PLACE(S) OF BUSINESS All structural pest control licenses shall be kept at the business address on the license. All licenses shall be subject to inspection by the Division anytime during regular business hours. History Note: Authority G.S. 1…

02 NCAC 34 .0324 DESIGNATION OF RESIDENT AGENT History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Repealed Eff. August 1, 1980.

02 NCAC 34 .0325 DUTY OF LICENSE HOLDER TO CONTROL ACTIVITIES (a) The licensee shall be actively and personally engaged in the supervision of the structural pest control activities of any office to which his/her license is assigned. (b) If any office or individual employee of a l…

02 NCAC 34 .0326 INFORMATION ON LICENSE CERTIFICATE (a) The license certificate shall contain, but not be limited to, the following information: (1) name of licensee, (2) name of company, (3) address of home office, (4) license number and certification number and phase(s) of work…

02 NCAC 34 .0327 LICENSES AND CARDS NOT ISSUED TO PERSONS UNDER 18 No license certificate, certified applicator's identification card or, registered technician's identification card, shall be issued to any person who is less than 18 years old. History Note: Authority G.S. 106-65.…

02 NCAC 34 .0328 RECORDS: PESTICIDES AND APPLICATION EQUIPMENT USED (a) All structural pest control records required by this Chapter, pesticides, and application equipment used by the licensee or noncommercial certified applicator shall be maintained at the office location to whi…

02 NCAC 34 .0329 EXPIRATION OF LICENSES AND CARDS (a) Any licensee whose license expires and is subject to reexamination pursuant to G.S. 106-65.31(b) shall meet all the requirements for licensing prescribed in G.S. 106-65.26 and Rule .0302(a) and (c) of this Section. (b) Any cer…

02 NCAC 34 .0330 BRANCH OFFICE (a) A licensee shall not establish more than two branch offices in addition to his/her home office. (b) The licensee shall register each branch office with the Division prior to its establishment and at the time of renewal of the license on a form p…

02 NCAC 34 .0331 Ancillary Activities (a) Persons engaged in ancillary activities in association with control of household pests or wood-destroying organisms as indicated in Paragraph (c) of this Rule may be an employee, independent contractor, or otherwise, for one or more struc…

SECTION .0400 - PUBLIC SAFETY 2 NCAC 34 .0401 PUBLIC SAFETY: STORAGE AND HANDLING OF CONTAINERS (a) All pesticides shall be kept securely, in leakproof containers and labeled as specified in 2 NCAC 34 .0402. (b) In no case shall containers of pesticide(s) be left where pets, dome…

02 NCAC 34 .0402 LABELING PESTICIDE CONTAINERS (a) All pesticide concentrates and poison baits stored in containers other than original shall be prominently labeled to give the following information: (1) manufacturer's complete brand name of product; (2) percentage of each active…

02 NCAC 34 .0403 FIRST AID First aid equipment and first aid procedures, approved by the EPA or Federal Occupational Safety and Health Administration, shall be placed in all service vehicles and in all other areas where pesticides are stored or handled. History Note: Authority G.…

02 NCAC 34 .0404 NOTIFICATION The licensee or the certified applicator and their employees shall reveal the name, active ingredient(s), formulation, and EPA Registration No. of any pesticide applied on any property, on request to: (1) the client or his authorized agent, the prope…

02 NCAC 34 .0405 FOLLOWING PESTICIDE LABEL (a) Nothing in these Rules and Regulations shall be construed to permit the use, handling, storage, or disposal of pesticide(s) or pesticide container(s) in a manner which is prohibited by EPA. (b) It shall be a violation of these Rules …

02 NCAC 34 .0406 SPILL CONTROL Licensees and certified applicators shall maintain adequate spill control materials, equipment, or a combination thereof, based upon the type and quantity of pesticides present, at all locations used to store pesticides and on all service vehicles u…