§ 143-442. Registration. - North Carolina Statutes

§ 143‑442. Registration.

(a)        Every pesticideprior to being distributed, sold, or offered for sale within this State ordelivered for transportation or transported in intrastate commerce or betweenpoints within this State through any point outside this State shall beregistered in the office of the Board, and such registration shall be renewedannually before January 1 for the ensuing calendar year. Beginning in 1988, theBoard may by rule adopt a system of staggered three‑year registrations.The applicant for registration shall file with the Board a statement including:

(1)        The name and addressof the applicant and the name and address of the person whose name will appearon the label, if other than the applicant;

(2)        The name of thepesticide;

(3)        A complete copy ofthe labeling accompanying the pesticide and a statement of all claims to bemade for it including directions for use;

(4)        If requested by theBoard, a full description of the tests made and the results thereof upon whichthe claims are based;

(5)        In the case ofrenewal of registration, a statement with respect to information which isdifferent from that furnished when the pesticide was last registered;

(6)        A Material SafetyData Sheet for the pesticide; and

(7)        Any otherinformation needed by the Board to determine the amount of annual assessmentpayable by the applicant.

(b)        The applicant shallpay an annual registration fee of one hundred fifty dollars ($150.00) plus anadditional annual assessment for each brand or grade of pesticide registered.The annual assessment shall be fifty dollars ($50.00) if the applicant's grosssales of the pesticide in this State for the preceding 12 months for the periodending September 30th were more than five thousand dollars ($5,000.00) andtwenty‑five dollars ($25.00) if gross sales were less than five thousanddollars ($5,000.00). An additional two hundred dollars ($200.00) delinquentregistration penalty shall be assessed against the registrant for each brand orgrade of pesticide which is marketed in North Carolina prior to registration asrequired by this Article. In the case of multi‑year registration, theannual fee and additional assessment for each year shall be paid at the time ofthe initial registration. The Board shall give a pro rata refund of theregistration fee and additional assessment to the registrant in the event thatregistration is canceled by the Board or by the United States EnvironmentalProtection Agency.

(c)        The Board, when itdeems necessary in the administration of this Article, may require thesubmission of the complete formula of any pesticide.

(d)        If the pesticide isproperly registered with the United States Environmental Protection Agency andis in compliance with the requirements of G.S. 143‑443, the Board shallregister the pesticide. Provided, however, that if it does not appear to theBoard that the article is such as to warrant the proposed claims for it or ifthe article and its labeling and other material required to be submitted do notcomply with the provisions of this Part, it shall not register the article andin turn shall notify the applicant of the manner in which the article,labeling, or other material required to be submitted fail to comply. The Boardmay suspend or cancel the registration of a pesticide when the pesticide or itslabeling does not comply with this Part.

(e)        The Board isauthorized and empowered to refuse to register, or to cancel the registrationof any brands and grades of pesticides as herein provided, if the registrantfails or refuses to comply with the provisions of this Part, or any rules andregulations promulgated thereunder, or, upon satisfactory proof that theregistrant or applicant has been guilty of fraudulent and deceptive practicesin the evasions or attempted evasions of the provisions of this Part, or anyrules and regulations promulgated thereunder. The Board may require themanufacturer or distributor of any pesticide, for which registration has beenrefused, cancelled, suspended or voluntarily discontinued or which has beenfound adulterated or deficient in its active ingredient, to remove suchpesticide from the marketplace.

(f)         Notwithstandingany other provisions of this Part, registration is not required in the case ofa pesticide shipped from one plant within this State to another plant withinthis State operated by the same person.

(g)        Any pesticidedeclared to be discontinued by the registrant must be registered by theregistrant for one full year after distribution is discontinued. Any pesticidein channels of distribution after the aforesaid registration period may beconfiscated and disposed of by the Board, unless the pesticide is acceptablefor registration and is continued to be registered by the manufacturer or theperson offering the pesticide for wholesale or retail sale. Provided, however,this subsection shall not apply to any brand or grade of pesticide which theBoard determines does not remain in channels of distribution due to method ofsale by registrant directly to users thereof.

(h)        A pesticide may beregistered by the Board for experimental use, including use to control wildanimal or bird populations, even though the Wildlife Resources Commission maynot have concurred in the declaration of the animal or bird populations aspests under the terms of Article 22A of Chapter 113 of the General Statutes.

(i)         The Board shall beempowered to set forth criteria for determining when a given productconstitutes a different or separate brand or grade of pesticide.

(j)         Each manufacturer,distributor or registrant of a pesticide shall supervise the activities of anyemployee or agent to prevent the making of deceptive or misleading statementsabout the pesticide.  (1971, c. 832, s. 1; 1973, c. 389, ss. 1, 7; 1975, c. 425, ss. 1, 2;1979, c. 448, ss. 2, 3; c. 830, s. 10; 1981, c. 592, s. 2; 1987, c. 559, ss. 3‑7;c. 827, s. 39; 1989, c. 544, s. 13; 1993, c. 481, ss. 1.1, 2; 1995, c. 445, s.2; 2003‑284, s. 35.4(e); 2009‑451, s. 11.2.)