§ 143-458. Rules and regulations concerning methods of application. - North Carolina Statutes

§ 143‑458.  Rulesand regulations concerning methods of application.

(a)        The Board may adopt rules prescribing the method to be usedin the application of pesticides and the times and places pesticides may beapplied. The Board may adopt rules restricting or prohibiting the sale and useof pesticides in designated areas during specified time periods. In adoptingrules under this subsection, the Board shall consider factors required toprevent damage or injury to the following by the drift or misapplication ofpesticides:

(1)        Plants, including forage plants, on adjacent or nearby land;

(2)        Wildlife in the adjoining or nearby areas;

(3)        Fish and other aquatic life in waters in reasonableproximity to the area to be treated; or

(4)        Other animals, persons or beneficial insects.

Inissuing such regulations, the Board shall give consideration to pertinentresearch findings and recommendations of other agencies of this State or of thefederal government.

(b)        The Board may by regulation require that notice of a proposedapplication of a pesticide be given to landowners adjoining the property to betreated or in the immediate vicinity thereof, if it finds that such notice isnecessary to carry out the purpose of this Article.

(c)        A pesticide applicator, a pesticide applicator's employee,or an agent of a pesticide applicator shall not apply any substance that:

(1)        Has the active ingredients contained in a pesticide that isregistered pursuant to G.S. 143‑442, and

(2)        Is not registered as a pesticide pursuant to G.S. 143‑442.

(d)        A pesticide applicator, a pesticide applicator's employee,or an agent of a pesticide applicator shall not combine any substance whoseapplication is prohibited under subsection (c) of this section with any othersubstance to apply as a pesticide or to apply for any other reason, whether thecombination occurs before, during, or after the application.

(e)        Any person who violates subsection (c) or (d) of thissection shall be guilty of a Class 2 misdemeanor, which shall include a fine ofup to one thousand dollars ($1,000) per violation. (1971, c. 832, s. 1; 1987, c. 827, s. 43; 1995, c.478, s. 1.)