§ 143-466. Records; information; inspection; enforcement. - North Carolina Statutes

§ 143‑466. Records; information; inspection; enforcement.

(a)        The Board shall require licensees to maintain records withrespect to the sale and application of such pesticides as it may from time totime prescribe. Such relevant information as the Board may deem necessary maybe specified by rule. The records shall be kept for a period of three yearsfrom the date of the application of the pesticide to which the records refer,and shall be available for inspection and copying by the Board or its agents atits request.

(b)        The Board may publish information regarding injury which mayresult from improper application or use of pesticides and the methods andprecautions designed to prevent such injury.

(c)        The Board may provide for inspection of any equipment usedfor application of pesticides and may require repairs or other changes beforeits further use for pesticide application. A list of requirements thatequipment shall meet may be adopted by the Board by regulation.

(d)        The Board may provide for inspection of any place ofbusiness where pesticides are stored or sold and may require changes in methodsof handling, displaying and storing of all pesticides. A list of requirementsthat places of business must meet may be adopted by regulation of the Board.

(e)        For the purpose of carrying out the provisions of thisArticle, inspectors designated by the Board may enter upon any public orprivate premises at reasonable times, in order:

(1)        To have access for the purpose of inspecting the premisesand any equipment subject to this Article and such premises on which suchequipment is kept or stored;

(2)        To inspect lands actually or reported to be exposed topesticides;

(3)        To inspect storage or disposal areas;

(4)        To inspect or investigate complaints of injury to humans,land or plants; or

(5)        To sample pesticides being applied, or to be applied.

Noperson shall refuse entry or access to any authorized representative of theBoard who requests entry for purposes of inspection, and who presentsappropriate credentials, nor shall any person obstruct, hamper or interferewith any such representative while in the process of carrying out his officialduties. Should the Board or its designated agent be denied access to any landwhere such access was sought for the purposes set forth in this Article, theBoard may apply to any court of competent jurisdiction for a search warrantauthorizing access to such land for said purposes. The court may upon suchapplication issue the search warrant for the purposes requested. (1971, c. 832, s. 1; 1995, c. 445, s. 9.)