§ 143-452. Licensing of pesticide applicators; fees. - North Carolina Statutes

Part4. Pesticide Applicators and Consultants.

§ 143‑452.  Licensing of pesticide applicators;fees.

(a)        No person shall engage in the business of pesticideapplicator within this State at any time unless he is licensed annually as apesticide applicator by the Board.

(b)        Applications for pesticide applicator license shall be inthe form and shall contain the information prescribed by the Board. Eachapplication shall be accompanied by a non‑refundable fee of fifty dollars($50.00) for each pesticide applicator's license. In addition, an annualinspection fee of twenty‑five dollars ($25.00) shall be submitted foreach aircraft to be licensed. Should any aircraft fail to pass inspection,making it necessary for a second inspection to be made, the Board shall requirean additional twenty‑five‑dollar ($25.00) inspection fee. Inaddition to the required inspection, unannounced inspections may be madewithout charge to determine if equipment is properly calibrated and maintainedin conformance with the laws and regulations. All aircraft licensed to applypesticides shall be identified by a license plate or decal furnished by theBoard at no cost to the licensee, which plate or decal shall be affixed on theaircraft in a location and manner prescribed by the Board. No applicatorinspection or license fee, original or renewal, shall be charged to Stateagencies or local governments or their employees. Inspections of groundpesticide application equipment may be made. Any such equipment determined tobe faulty or unsafe shall not be used for the purpose of applying apesticide(s) until such time as proper repairs and/or alterations are made.

(c)        Repealed by Session Laws 1981, c. 592, s. 6.

(d)        The Board shall classify licenses to be issued under thisPart. Separate classifications or subclassifications shall be specified for (i)ground and aerial methods of application, and (ii) State and local governmentunits engaged in the control of rodents and insects of public healthsignificance. The Board may include such further classifications andsubclassifications as the Board considers appropriate, including provisions forlicensing of apprentice pesticide applicators. For aerial applicators, alicense shall be required for both the contractor and the pilot. Eachclassification and subclassification may be subject to separate testingprocedures and requirements.

(e)        Every licensed pesticide applicator who changes his addressshall immediately notify the Board.

(f)         If the Board finds the applicant qualified to applypesticides in the classifications he has applied for and, if the applicantfiles the bond or insurance required under G.S. 143‑467, and if theapplicant applying for a license to engage in aerial application of pesticideshas met all of the requirements of the Federal Aviation Agency to operate theequipment described in the application, the Board shall issue a pesticideapplicator's license limited to the classifications for which he is qualified.Every such license shall expire at the end of the calendar year of issue unlessit has been revoked or suspended prior thereto by the Board for cause, orunless such financial security required under G.S. 143‑467 is dated toexpire at an earlier date, in which case said license shall be dated to expireupon expiration date of said financial security. The license may restrict theapplicant to the use of a certain type or types of equipment or pesticides orto certain areas if the Board finds that the applicant is qualified to use onlysuch type or types. If a license is not issued as applied for, the Board shallinform the applicant in writing of the reasons therefor.

(g)        A pesticide applicator's license shall not be transferable.When there is a transfer of ownership, management, or operation of a businessof a licensee hereunder, the new owner, manager, or operator (as the case maybe) whether it be an individual, firm, partnership, corporation, or otherentity, must have available a licensed pesticide applicator to supervise thepesticide application business prior to continuance of such business.

(h)        Repealed by Session Laws 1987, c. 559, s. 15. (1971, c. 832, s. 1; 1973, c. 389, ss. 2, 5; 1977, c. 100; 1981, c.592, ss. 6, 7; 1987, c. 559, ss. 14, 15; 1989, c. 544, s. 10; 2003‑284,s. 35.4(a).)