§ 143-440. Restricted use pesticides regulated. - North Carolina Statutes

Part 2. Regulation of the Use ofPesticides.

§ 143‑440.  Restricteduse pesticides regulated.

(a)        The Board may, byregulation after a public hearing, adopt and from time to time revise a list ofrestricted use pesticides for the State or for designated areas within theState. The Board may designate any pesticide or device as a "restricteduse pesticide" upon the grounds that, in the judgment of the Board (eitherbecause of its persistence, its toxicity, or otherwise) it is so hazardous orinjurious to persons, pollinating insects, animals, crops, wildlife, lands, orthe environment, other than the pests it is intended to prevent, destroy,control, or mitigate that additional restriction on its sale, purpose, use orpossession are required.

(b)        The Board mayinclude in any such restricted use regulation the time and conditions of sale,distribution, or use of such restricted use pesticides, may prohibit the use ofany restricted use pesticide for designated purposes or at designated times;may require the purchaser or user to certify that restricted use pesticideswill be used only as labeled or as further restricted by regulation; mayrequire the certification and recertification of private applicators and,charge a fee of up to ten dollars ($10.00), with the fee set at a level to makethe certification/recertification program self‑supporting, and, afteropportunity for a hearing, may suspend, revoke or modify the certification forviolation of any provision of this Article, or any rule or regulation adopted thereunder;and may, if it deems it necessary to carry out the provisions of this Part,require that any or all restricted use pesticides shall be purchased,possessed, or used only under permit of the Board and under its directsupervision in certain areas and/or under certain conditions or in certainquantities or concentrations except that any person licensed to sell suchpesticides may purchase and possess such pesticides without a permit. The Boardmay require all persons issued such permits to maintain records as to the useof the restricted use pesticides. The Board may authorize the use of restricteduse pesticides by persons licensed under the North Carolina Structural PestControl Act without a permit. (1971, c. 832, s. 1; 1979, c.448, s. 1; 1981, c. 592, s. 1; 1987, c. 559, s. 2, c. 846.)