§ 106-65.25. Phases of structural pest control; prohibited acts; license required; exceptions. - North Carolina Statutes

§ 106‑65.25. Phases of structural pest control; prohibited acts; license required;exceptions.

(a)        The Committee shall classify license phases to be issuedunder this Article. Separate phases or subphases shall be specified for:

(1)        Control of household pests by any method other thanfumigation ("P" phase);

(2)        Control of wood‑destroying organisms by any methodother than fumigation ("W" phase); and

(3)        Fumigation ("F" phase).

(b)        It shall be unlawful for any person to:

(1)        Advertise as, offer to engage in, or engage in or supervisework as a manager, owner, or owner‑operator in any phase of structuralpest control or otherwise act in the capacity of a structural pest controllicensee unless the person is licensed pursuant to this Article or has engagedthe services of a licensee as a full‑time regular employee who isresponsible for the structural pest control performed by the company. A licenseis required for each phase of structural pest control.

(2)        Hold more than one license for each phase of structural pestcontrol.

(3)        Use a restricted use pesticide in any phase of structuralpest control, whether it be on the person's own property or on the property ofanother, unless the person:

a.         Qualifies as a certified applicator for that phase ofstructural pest control; or

b.         Is under the direct supervision of a certified applicatorwho possesses a valid certified applicator's identification card for that phaseof structural pest control.

(4)        Use or supervise the use of restricted use pesticides indemonstrating or supervising a demonstration to the public of the proper useand techniques of the application of pesticides or conducting field researchwith pesticides unless:

a.         The person possesses a valid certified applicator'sidentification card;

b.         The person is conducting laboratory research involvingrestricted use pesticides; or

c.         The person is a doctor of medicine or a doctor of veterinarymedicine applying restricted use pesticides as drugs or medication during thecourse of his or her normal professional practice.

This subdivision applies to all persons, includingcooperative extension specialists demonstrating pesticide products, individualsdemonstrating methods used in public programs, and local, State, federal,commercial, and other persons conducting field research on or using restricteduse pesticides.

(c)        It shall be unlawful for any licensee to do any of thefollowing:

(1)        Establish, be in charge of, or manage any branch office inexcess of the number of branch offices that may be established, supervised, ormanaged by a licensee as set forth in rules adopted by the Committee.

(2)        Fail to supervise the structural pest control performed outof the licensee's home office or any branch office under the licensee'smanagement.

(3)        Allow his or her license to be used by any person or companyfor which he or she is not a full‑time regular employee actively andpersonally engaged in the supervision of the structural pest control performedunder the license.

(4)        Use any pesticide, material, or device prohibited by theCommittee or use any approved pesticide, material, or device in a mannerprohibited by the Committee.

(5)        Use or supervise the use of restricted use pesticides in aphase of structural pest control for which the person is not licensed orqualified as a certified applicator unless the person's use is under thesupervision of a licensee or certified applicator certified in that phase ofstructural pest control.

(c1)      The Committee shall adopt rules that permit a licensee toestablish branch offices in addition to a home office. In no event shall therules adopted restrict the number of branch offices a licensee can establish,supervise, or manage to fewer than two branch offices. The rules shall includeprovisions to ensure that the licensee can adequately supervise all structuralpest control performed from the offices and under his or her license.

(d)        A license is not required for any person (or the person'sfull‑time regular employees) doing structural pest control on theperson's own property. No fee may be charged for structural pest controlperformed by any such person.

(e), (f) Repealed by Session Laws 1999‑381, s. 3.

(g)        Any person issued a license for any one or any combinationof the phases of structural pest control shall be deemed to be a "certifiedapplicator" to use or supervise the use of restricted use pesticides solong as the pesticides are being used only in the phase of structural pestcontrol for which the person is licensed.

(h)        Licenses and certified applicator's identification cards mayonly be issued to individuals. License certificates and certified applicator'sidentification cards shall be issued in the name of the individual, shall bearthe name and address of the individual's business or employer's business andshall indicate the phase or phases for which the individual is qualified andsuch other information as the Committee may specify. (1955, c. 1017; 1957, c. 1243, s. 3; 1967, c. 1184, s. 4; 1973, c. 556,s. 3; 1975, c. 570, s. 5; 1989, c. 725, s. 2; 1999‑381, s. 3.)