reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 47 - Promotion of Arts. › § 143-403 - "Arts" defined.

§ 143-403. "Arts" defined.
The term "arts" includes, but is not limited to: music, dance, drama, creative writing, architecture and allied fields, painting, sculpture, photography, crafts, television, radio, and the execution and exhibition of such major art forms. (1967, c. 164, s. 1; 1973, c. 476, s. 79.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 47 - Promotion of Arts. › § 143-406 - Duties of Department of Natural and Cultural Resources.

§ 143-406. Duties of Department of Natural and Cultural Resources.
The Department of Natural and Cultural Resources shall take action to carry out the following purposes as funds and staff permit:
(1) Study, collect, maintain, and otherwise disseminate factual data and pertinent information relative to the arts;
(2) Assist local organizations and the community at large with needs, resources and opportunities in the arts;
(3) Serve as an agency through which various public and nonpublic organizations concerned with the arts can exchange information, coordinate programs and stimulate joint endeavors;
(4) Identify research needs, encourage research and assist in obtaining funds for research;
(5) Assist in bringing the highest obtainable quality in the arts to the State; promote the maximum opportunity for the people to experience, enjoy, and profit from those arts.
By February 15 of each odd-numbered year, the Department of Natural and Cultural Resources shall, in addition to such other recommendations, studies, and plans as it may submit from time to time, submit a biennial report of progress to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division. (1967, c. 164, s. 4; 1973, c. 476, s. 79; 2015-241, s. 14.30(s); 2017-57, s. 14.1(hh).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 47 - Promotion of Arts. › § 143-407 - Appropriations; funds.

§ 143-407. Appropriations; funds.
In addition to the appropriations out of the general fund of the State, the Department may accept gifts, devises, matching funds, or other considerations for use in promoting the arts. (1967, c. 164, s. 5; 1973, c. 476, s. 79; 2011-284, s. 93.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 47 - Promotion of Arts. › § 143-407.1 - Composer laureate.

§ 143-407.1. Composer laureate.
(a) The Governor of North Carolina may appoint a distinguished living composer as "Composer-Laureate for the State of North Carolina."
(b) Any person appointed "Composer-Laureate for the State of North Carolina" shall be appointed for life but may voluntarily resign at any time. (1991, c. 56, ss. 1, 2.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 48 - Executive Mansion. › § 143-410 - Purpose.

§ 143-410. Purpose.
The purpose of the Department of Natural and Cultural Resources shall be:
(1) To preserve and maintain the Executive Mansion, located at 200 North Blount Street, Raleigh, North Carolina, as a structure having historical significance and value to the State of North Carolina;
(2) To improve the furnishing of the Executive Mansion by encouraging gifts and objects of art, furniture and articles which may have historical value, and to approve major changes in the furnishings of the Mansion;
(3) To recommend to the Department of Administration any major renovations to the Executive Mansion which the Department of Natural and Cultural Resources deems necessary to preserve and maintain the structure;
(4) To keep a complete list of all gifts and articles received, together with their history and value; and
(5) To publicize work of the Executive Mansion Fine Arts Committee. (1967, c. 273, s. 2; 1973, c. 476, s. 67; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 48 - Executive Mansion. › § 143-411 - Powers of Department of Natural and Cultural Resources.

§ 143-411. Powers of Department of Natural and Cultural Resources.
The Department of Natural and Cultural Resources is hereby empowered on behalf of the State of North Carolina to receive gifts, contributions of money and objects of art consistent with the purpose for which the Department is created. Title to all gifts, articles and moneys received by the Department shall be vested in the State of North Carolina and shall remain in the custody and control of the Department. The Department is authorized to accept loans of furniture and other objects as, in its discretion, it deems suitable. The Department is empowered to employ clerical assistance on such basis as it may deem reasonable. Provided, however, that the salary of such person shall be paid out of funds the Department has received in the conduct of its work, and it is specifically provided that no other funds belonging to the State of North Carolina shall be used for this purpose. (1967, c. 273, s. 3; 1973, c. 476, s. 67; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 48 - Executive Mansion. › § 143-415 - Authority, etc., of Department of Administration not affected.

§ 143-415. Authority, etc., of Department of Administration not affected.
This Article shall not be construed as divesting the Department of Administration of any powers, duties and authority relating to the budget or the operation and maintenance of the Executive Mansion. (1967, c. 273, s. 7.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 49A - Equal Employment Practices. › § 143-422.2 - Legislative declaration.

§ 143-422.2. Legislative declaration.
(a) It is the public policy of this State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, sex or handicap by employers which regularly employ 15 or more employees.
(b) It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment foments domestic strife and unrest, deprives the State of the fullest utilization of its capacities for advancement and development, and substantially and adversely affects the interests of employees, employers, and the public in general.
(c) Repealed by Session Laws 2017-4, s. 1, effective March 30, 2017. (1977, c. 726, s. 1; 2016-3, 2nd Ex. Sess., s. 3.1; 2017-4, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 49A - Equal Employment Practices. › § 143-422.3 - Investigations; conciliations.

§ 143-422.3. Investigations; conciliations.
The Human Relations Commission in the Civil Rights Division of the Office of Administrative Hearings shall have the authority to receive charges of discrimination from the Equal Employment Opportunity Commission pursuant to an agreement under Section 709(b) of Public Law 88-352, as amended by Public Law 92-261, and investigate and conciliate charges of discrimination. Throughout this process, the agency shall use its good offices to effect an amicable resolution of the charges of discrimination. (1977, c. 726, s. 1; 1989 (Reg. Sess., 1990), c. 979, ss. 1(5), 2; 2016-3, 2nd Ex. Sess., s. 3.2; 2016-99, s. 1(a); 2017-4, s. 1; 2017-57, s. 31.1(d).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 51 - Tobacco Museums. › § 143-431 - Tobacco museums.

§ 143-431. Tobacco museums.
It shall be the duty of the Department of Natural and Cultural Resources to establish, supervise, manage and maintain the tobacco museums. The Department of Natural and Cultural Resources may establish a reasonable fee for viewing the museums which fees shall be used to defray the expenses of the museums. To accomplish these purposes, the Department of Natural and Cultural Resources shall have authority to buy and sell real and personal property and to accept donations of real or personal property from any source. The Department of Natural and Cultural Resources shall not contract any debt in its purchase of real or personal property. (1969, c. 840, s. 3; 1973, c. 476, s. 116; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 51 - Tobacco Museums. › § 143-432 - Location of museums.

§ 143-432. Location of museums.
One of the tobacco museums shall be located within Rockingham County at a site to be determined by the Department of Natural and Cultural Resources, and shall emphasize the history and development of tobacco manufacturing. One of the tobacco museums shall be located in Nash or Edgecombe Counties at a site to be determined by the Department of Natural and Cultural Resources and shall emphasize the history and development of growing and marketing of tobacco. (1969, c. 840, s. 4; 1973, c. 476, s. 116; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 51B - North Carolina Federal Tax Reform Allocation Committee. › § 143-433.7 - North Carolina Federal Tax Reform Allocation Committee.

§ 143-433.7. North Carolina Federal Tax Reform Allocation Committee.
The North Carolina Federal Tax Reform Allocation Committee, hereinafter referred to as the "Committee", is hereby established. The Committee is a continuation of the Interim Private Activity Bond Allocation Committee established under Executive Order 28 and amended under Executive Order 31 and the North Carolina Federal Tax Reform Allocation Committee established under Executive Order 37. The Secretary of the Department of Commerce, the Executive Assistant to the Governor for Budget Management, and the Treasurer of the State of North Carolina shall constitute the membership of this Committee. The Secretary of the Department of Commerce shall serve as Chairman of the Committee. (1987, c. 588, s. 2.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 51B - North Carolina Federal Tax Reform Allocation Committee. › § 143-433.8 - Duties.

§ 143-433.8. Duties.
The Committee shall perform the following duties:
(1) Manage the allocation of private activity bonds, low-income housing credits, qualified public educational facility bonds, recovery zone facility bonds, recovery zone economic development bonds, and qualified energy conservation bonds and receive advice from bond issuers, elected officials, and the General Assembly.
(2) Continue to monitor bond markets, economic development financing trends, school financing trends, housing markets, and tax incentives available to induce events and programs favorable to North Carolina, its cities and counties, and individual citizens.
(3) Continue to study the ways in which North Carolina can best and most fairly manage and utilize the allocation of private activity bonds, low-income housing credits, qualified public educational facility bonds, recovery zone facility bonds, recovery zone economic development bonds, and qualified energy conservation bonds.
(4) Report to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Revenue Laws Study Committee as requested and on not less than an annual basis. The annual report is due by November 1 of each year. (1987, c. 588, s. 3; 2008-204, s. 6.2; 2009-140, s. 3.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-436 - North Carolina Pesticide Board; creation and organization.

§ 143-436. North Carolina Pesticide Board; creation and organization.
(a) There is hereby established the North Carolina Pesticide Board which, together with the Commissioner of Agriculture, shall be responsible for carrying out the provisions of this Article.
(b) The Pesticide Board shall consist of seven members, to be appointed by the Governor, as follows:
(1) One member each representing the North Carolina Department of Agriculture and Consumer Services, the State Health Director or his designee, and one member from an environmental protection agency in the Department of Environmental Quality. The persons so selected may be either members of a policy board or departmental officials or employees.
(2) A representative of the agricultural chemical industry.
(3) A person directly engaged in agricultural production.
(4) Two at-large members, from fields of endeavor other than those enumerated in subdivisions (2) and (3) of this subsection, one of whom shall be a nongovernmental conservationist.
(c) The members of the Pesticide Board shall serve staggered four-year terms. Of the persons originally appointed, the members representing State agencies shall serve two-year terms, and the four at-large members shall serve four-year terms. All members shall hold their offices until their successors are appointed and qualified. Any vacancy occurring in the membership of the Board prior to the expiration of the term shall be filled by appointment by the Governor for the remainder of the unexpired term. The Governor may at any time remove any member from the Board for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. Each appointment to fill a vacancy in the membership of the Board shall be of a person having the same credentials as his predecessor.
(d) The Board shall select its chair from its own membership, to serve for a term of two years. The chair shall have a full vote. Any vacancy occurring in the chair's position shall be filled by the Board for the remainder of the term. The Board may select such other officers as it deems necessary.
(e) Any action of the Board shall require at least four concurring votes.
(f) The members of the Board who are not officers or employees of the State shall receive for their services the per diem and compensation prescribed in G.S. 138-5. (1971, c. 832, s. 1; 1973, c. 476, s. 128; 1989, c. 727, s. 170; 1997-261, s. 90; 1997-443, s. 11A.97; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-437 - Pesticide Board; functions.

§ 143-437. Pesticide Board; functions.
The Pesticide Board shall be the governing board for the programs of pesticide management and control set forth in this Article. The Pesticide Board shall have the following powers and duties under this Article:
(1) To adopt rules and regulations and make policies for the programs set forth in this Article.
(2) To carry out a program of planning, environmental and biological monitoring, and of investigation into long-range needs and problems concerning pesticides. In order to encourage the cooperation of private property owners needed to implement the provisions of this subdivision, the Board may enter into agreements with private property owners to conduct sampling, testing, monitoring, and related activities on their property. Information obtained pursuant to these agreements shall not be disclosed in a manner that would permit the identification of an individual property owner unless the property owner has given permission to disclose the information.
(3) To collect, analyze and disseminate information necessary for the effective operation of the programs set forth in this Article.
(4) To provide professional advice to public and private agencies and citizens of the State on matters relating to pesticides, in cooperation with other State agencies, with professional groups, and with North Carolina State University and other educational institutions.
(5) To accept gifts and devises, and with the approval of the Governor to apply for and accept grants from the federal government and its agencies and from any foundation, corporation, association or individual, and may comply with the terms, conditions and limitations of the grant, in order to accomplish any of the purposes of the Board, such grant funds to be expended pursuant to the Executive Budget Act.
(6) To inform and advise the Governor on matters involving pesticides, and to prepare and recommend to the Governor and the General Assembly any legislation which may be deemed proper for the management and control of pesticides in North Carolina.
(7) To make annual reports to the Governor and to make such other investigations and reports as may be requested by the Governor or the General Assembly.
(8) To exempt any federal or State agency from any provision of this Article if it is determined by the Board that emergency conditions exist which require exemption. (1971, c. 832, s. 1; 1977, c. 199; 1979, c. 448, s. 14; 1995, c. 445, s. 1; 2011-284, s. 94.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-438 - Commissioner of Agriculture to administer and enforce Article.

§ 143-438. Commissioner of Agriculture to administer and enforce Article.
The Commissioner of Agriculture shall have the following powers and duties under this Article:
(1) To administer and enforce the provisions of this Article.
(2) To attend all meetings of the Pesticide Board, but without power to vote (unless he be designated as the ex officio member of the Board from the Department of Agriculture and Consumer Services).
(3) To keep an accurate and complete record of all Board meetings and hearings, and to have legal custody of all books, papers, documents and other records of the Board.
(4) To assign and reassign the administrative and enforcement duties and functions assigned to him in this Article to one or more of the divisions and other units within the Department of Agriculture and Consumer Services.
(5) To direct the work of the personnel employed by the Board and of the personnel of the Department of Agriculture and Consumer Services who have responsibilities concerning the programs set forth in this Article.
(6) To delegate to any division head or other officer or employee of the Department of Agriculture and Consumer Services any of the powers and duties given to the Department by statute or by the rules, regulations and procedures established pursuant to this Article.
(7) To perform such other duties as the Board may from time to time direct. (1971, c. 832, s. 1; 1997-261, s. 91.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-441 - Handling, storage and disposal of pesticides.

§ 143-441. Handling, storage and disposal of pesticides.
(a) The Board may adopt regulations:
(1) Concerning the handling, transport, storage (which may include security precautions), display or distribution of pesticides, and concerning the disposal of pesticides and pesticide containers.
(2) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/ or size to alleviate danger of spillage, breakage, or misuse.
(b) No person shall handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with pesticides, or in any manner contrary to the regulations of the Board.
(c) No person shall dispose of, discard, or store any pesticides or pesticide containers in such a manner as may cause injury to humans, vegetation, crops, livestock, wildlife, or to pollute any water supply or waterway, or in any manner contrary to the regulations of the Board. (1971, c. 832, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-444 - Determinations.

§ 143-444. Determinations.
The Board is authorized:
(1) To declare as a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles, or substances;
(2) To determine whether pesticides are highly toxic to man; and
(3) To determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of G.S. 143-443(a)(4). (1971, c. 832, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-445 - Exemptions.

§ 143-445. Exemptions.
(a) The penalties provided for violations of G.S. 143-443(a) shall not apply to:
(1) Any carrier while lawfully engaged in transporting pesticides within this State, if such carrier shall, upon request, permit the Board or its designated agent to copy all records showing the transactions in and movement of the articles;
(2) Public officials of this State or local subdivisions thereof and the federal government engaged in the performance of their official duties;
(3) The manufacturer or shipper of a pesticide for experimental use only,
a. By or under the supervision of an agency of this State or of the federal government authorized by law to conduct research in the field of pesticides, or
b. By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked "For experimental use only –Not to be sold," together with the manufacturer's name and address; (except that if a written permit has been obtained from the Board, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit).
(b) No article shall be deemed in violation of this Part when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this Part shall apply. (1971, c. 832, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-446 - Samples; submissions.

§ 143-446. Samples; submissions.
(a) The Board, or its agent, is authorized and directed to sample, test, inspect and make analyses of pesticides sold or offered for sale or distributed within this State, at time and place and to such an extent as it may deem necessary to determine whether such pesticides are in compliance with the provisions of this Article. The Board is authorized to adopt regulations concerning the collection and examination of samples (or devices), and to adopt regulations establishing tolerances providing for reasonable deviations from the guaranteed analysis.
(b) The official analysis shall be made from the official sample. Official samples shall be collected from material that has been packaged, labeled and released for shipment. A sealed and identified sample, herein called "official check sample" shall be kept until the analysis is completed on the official sample, except that the registrant may obtain upon request a portion of said official sample. If the official analysis conforms with the provisions of this Part, the official check sample may be destroyed. If the official analysis does not conform with the provisions of this Part, then the official check sample shall be retained for a period of 90 days from the date of the certificate of analysis of the official sample.
(c) The Board, of its own motion or upon complaint, may cause an examination to be made for the purpose of determining whether any pesticide complies with the requirements of this Part. If it shall appear from such examination that a pesticide fails to comply with the provisions of this Part, the Board may cause notice to be given to the offending person in the manner provided in G.S. 143-464, and the proceedings thereupon shall be as provided in such section; provided that pesticides may be seized and confiscated as provided in G.S. 143-447.
(d) The Board shall, by publication in such manner as it may prescribe, give notice of all judgments entered in actions instituted under the authority of this Article. (1971, c. 832, s. 1; 1987, c. 559, s. 9.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-448 - Licensing of pesticide dealers; fees.

§ 143-448. Licensing of pesticide dealers; fees.
(a) No person shall act in the capacity of a pesticide dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a pesticide dealer unless he is licensed annually as provided in this Part. A separate license and fee shall be obtained for each location or outlet from which restricted use pesticides are distributed, sold, held for sale, or offered for sale.
(b) Applications for a pesticide dealer license shall be in the form and shall contain the information prescribed by the Board. Each application shall be accompanied by a non-refundable fee of seventy-five dollars ($75.00). All licenses issued under this Part shall expire on December 31 of the year for which they are issued.
(c) The license for a pesticide dealer may be renewed annually upon application to the Board, accompanied by a fee of seventy-five dollars ($75.00) for each license, on or before the first day of January of the calendar year for which the license is issued.
(d) Repealed by Session Laws 1981, c. 592, s. 6.
(e) Every licensed pesticide dealer who changes his address or place of business shall immediately notify the Board.
(f) The Board shall issue to each applicant that satisfies the requirements of this Part a license which entitles the applicant to conduct the business described in the application for the calendar year for which the license is issued, unless the license is sooner revoked or suspended. (1971, c. 832, s. 1; 1981, c. 592, s. 6; 1987, c. 559, ss. 2, 11; 1989, c. 544, s. 11; 1995, c. 445, s. 4; 2003-284, ss. 35.4(b), 35.4(c); 2010-31, s. 11.1(b); 2011-145, s. 31.8(c).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-449 - Qualifications for pesticide dealer license; examinations.

§ 143-449. Qualifications for pesticide dealer license; examinations.
(a) An applicant for a license must present evidence satisfactory to the Board concerning his qualifications for such license.
(b) Each applicant shall satisfy the Board as to his responsibility in carrying on the business of a pesticide dealer. Each applicant for an original license must demonstrate upon written, or written and oral, examination to be prescribed by the Board his knowledge of pesticides, their usefulness and their hazards; his competence as a pesticide dealer; and his knowledge of the laws and regulations governing the use and sale of pesticides. A nonrefundable fee of fifty dollars ($50.00) shall be charged for each examination required by this section. This examination fee is in addition to any fee authorized pursuant to any other provision of Article 4C of Chapter 106 of the General Statutes.
(c) The Board shall by regulation:
(1) Designate what persons or class of persons shall be required to pass the examination in the case of a pesticide dealer operating more than one location, and in the case of an applicant that is a corporation, governmental unit or agency, or other organized group;
(2) Provide for license renewal by completion of continuing certification credit requirements as prescribed by the Board or reexaminations at intervals not more frequent than four years. (1971, c. 832, s. 1; 1975, c. 425, s. 4; 2010-31, s. 11.1(c); 2015-263, s. 29(a).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-450 - Employees of pesticide dealers; dealer's responsibility.

§ 143-450. Employees of pesticide dealers; dealer's responsibility.
(a) Every licensed pesticide dealer shall submit to the Board, at such times as the Board or the Commissioner may prescribe, the names of all persons employed by him who sell or recommend "restricted use pesticides."
(b) Each pesticide dealer shall be responsible for the actions of every person who acts as his employee or agent in the solicitation or sale of pesticides, and in all claims and recommendations for use or application of pesticides. (1971, c. 832, s. 1; 1979, c. 448, s. 7; 1987, c. 559, s. 2.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-451 - Denial, suspension and revocation of license.

§ 143-451. Denial, suspension and revocation of license.
(a) The Board may deny, suspend, modify, or revoke a license issued under this Part if it finds that the applicant or licensee or his employee has committed any of the following acts, each of which is declared to be a violation of this Part:
(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized or sold;
(2) Made a pesticide recommendation not in accordance with the label registered pursuant to this Article;
(3) Violated any provision of this Article or of any rule or regulation adopted by the Board or of any lawful order of the Board;
(4) Failed to pay the original or renewal license fee when due, and continued to sell restricted use pesticides without paying the license fee, or sold restricted use pesticides without a license;
(5) Was guilty of gross negligence, incompetency or misconduct in acting as a pesticide dealer;
(6) Refused or neglected to keep and maintain the records required by this Article, or to make reports when and as required, or refusing to make these records available for audit or inspection;
(7) Made false or fraudulent records, invoices, or reports;
(8) Used fraud or misrepresentation, or presented false information, in making an application for a license or renewal of a license, or in selling or offering to sell restricted use pesticides;
(9) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or permit;
(10) Aided or abetted a licensed or an unlicensed person to evade the provisions of this Article, combined or conspired with such a licensed or unlicensed person to evade the provisions of this Article, or allowed one's license to be used by an unlicensed person;
(11) Impersonated any state, county, or city inspector or official;
(12) Stored or disposed of containers or pesticides by means other than those prescribed on the label or adopted regulations.
(13) Provided or made available any restricted use pesticide to any person other than a certified private applicator, licensed pesticide applicator, certified structural pest control applicator, structural pest control licensee or an employee under the direct supervision of one of the aforementioned certified or licensed applicators.
(b) Any licensee whose license is revoked under the provisions of this Article shall not be eligible to apply for a new license hereunder until such time has elapsed from the date of the order revoking said license as established by the Board (not to exceed two years), or if an appeal is taken from said order or revocation, not to exceed two years from the date of the order or final judgment sustaining said revocation. (1971, c. 832, s. 1; 1975, c. 425, ss. 6, 7; 1987, c. 559, ss. 2, 13, c. 827, s. 40.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-454 - Solicitors, salesmen and operators; applicator's responsibility.

§ 143-454. Solicitors, salesmen and operators; applicator's responsibility.
(a) Every licensed pesticide applicator shall submit to the Board, at such times as the Board or the Commissioner may prescribe, the names of all solicitors, salesmen, and operators employed by him.
(b) Each licensed pesticide applicator shall be responsible for solicitors, salesmen, and operators in his employment to assure that pesticides are used in a manner consistent with the intent of this Article. (1971, c. 832, s. 1; 1979, c. 448, s. 8.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-455 - Pest control consultant license.

§ 143-455. Pest control consultant license.
(a) No person shall perform services as a pest control consultant without first procuring from the Board a license. Applications for a consultant license shall be in the form and shall contain the information prescribed by the Board. The application for a license shall be accompanied by a non-refundable annual fee of seventy-five dollars ($75.00).
(b) An applicant for a consultant license must present satisfactory evidence to the Board concerning his qualifications for such license. The Board may classify consultant licenses into one or more classifications or subclassifications based upon types of consulting services performed or to be performed. Such classifications and subclassifications may reflect the crops involved in the consulting service, the discipline or training of consultant, the discretion or lack of discretion involved in the consulting service, and the site or location of the service. Each classification and subclassification may be subject to separate testing procedures and requirements, and may be subject to its own minimum standards of training in specialized subject matter from a recognized college or university, or equivalent specialized consulting experience or training. A nonrefundable fee of fifty dollars ($50.00) shall be charged for the consultant examination, and an additional twenty dollars ($20.00) shall be charged for each additional specific classification licensure permitted by this subsection. Such examination fee shall be charged in addition to the fees authorized pursuant to subsection (a) of this section or any other provision of Article 4C of Chapter 106 of the General Statutes. Qualifications for licensing may be less stringent if the licensee is restricted to making recommendations contained in publications recognized by the Board as appropriate for a specific consulting classification or subclassification.
(c) Each applicant shall satisfy the Board as to his responsibility in carrying on the business of a pesticide consultant. Each applicant for an original license must demonstrate upon written, or written and oral, examination to be prescribed by the Board his knowledge of pesticides, their usefulness and their hazards; his competence as a pesticide consultant; and his knowledge of the laws and regulations governing the use and sale of pesticides.
(d) Pest control consultants shall be subject to the same provisions as pesticide applicators concerning penalties for late applications for license, changes of address, transferability of licenses, continuing certification credit requirements, periodic reexamination, and examinations for corporate applicants. (1971, c. 832, s. 1; 1975, c. 425, s. 10; 1987, c. 559, s. 16; 1989, c. 544, s. 12; 2003-284, s. 35.4(d); 2010-31, s. 11.1(f); 2015-263, s. 29(c).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-456 - Denial, suspension and revocation of license.

§ 143-456. Denial, suspension and revocation of license.
(a) The Board may deny, suspend, modify, or revoke a license issued under this Part if it finds that the applicant or licensee or his employee has committed any of the following acts, each of which is declared to be a violation of this Part:
(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;
(2) Made a pesticide recommendation or application not in accordance with the label registered pursuant to this Article;
(3) Operated faulty or unsafe equipment;
(4) Operated in a faulty, careless, or negligent manner;
(5) Violated any provision of this Article or of any rule or regulation adopted by the Board or any lawful order of the Board;
(6) Refused or neglected to keep and maintain the records required by this Article, or to make reports when and as required;
(7) Made false or fraudulent records, invoices, or reports;
(8) Operated unlicensed equipment;
(9) Used fraud or misrepresentation, or presented false information, in making an application for a license or renewal of a license;
(10) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or permit;
(11) Aided or abetted a licensed or an unlicensed person to evade the provisions of this Article, combined or conspired with such a licensed or unlicensed person to evade the provisions of this Article, or allowed one's license to be used by an unlicensed person;
(12) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land;
(13) Impersonated any state, county, or city inspector or official;
(14) Stored or disposed of containers or pesticides by means other than those prescribed on the labeling or by rule;
(15) Failed to pay the original or renewal license fee when due and continued to operate as an applicator, or applied pesticides without a license.
(16) Failed to pay a civil penalty assessed under this Article within 30 days after the date it is assessed.
(b) Any licensee whose license is revoked under the provisions of this Article shall not be eligible to apply for a new license hereunder until such time has elapsed from the date of the order revoking said license as established by the Board (not to exceed two years), or if an appeal is taken from said order or revocation, not to exceed two years from the date of the order or final judgment sustaining said revocation. (1971, c. 832, s. 1; 1975, c. 425, ss. 6, 8; 1987, c. 559, s. 17; c. 827, s. 42; 1995, c. 445, s. 5.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-458 - Rules and regulations concerning methods of application.

§ 143-458. Rules and regulations concerning methods of application.
(a) The Board may adopt rules prescribing the method to be used in the application of pesticides and the times and places pesticides may be applied. The Board may adopt rules restricting or prohibiting the sale and use of pesticides in designated areas during specified time periods. In adopting rules under this subsection, the Board shall consider factors required to prevent damage or injury to the following by the drift or misapplication of pesticides:
(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 reasonable proximity to the area to be treated; or
(4) Other animals, persons or beneficial insects.
In issuing such regulations, the Board shall give consideration to pertinent research findings and recommendations of other agencies of this State or of the federal government.
(b) The Board may by regulation require that notice of a proposed application of a pesticide be given to landowners adjoining the property to be treated or in the immediate vicinity thereof, if it finds that such notice is necessary 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 is registered 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 whose application is prohibited under subsection (c) of this section with any other substance to apply as a pesticide or to apply for any other reason, whether the combination occurs before, during, or after the application.
(e) Any person who violates subsection (c) or (d) of this section shall be guilty of a Class 2 misdemeanor, which shall include a fine of up to one thousand dollars ($1,000) per violation. (1971, c. 832, s. 1; 1987, c. 827, s. 43; 1995, c. 478, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-459 - Reporting of shipments and volumes of pesticides.

§ 143-459. Reporting of shipments and volumes of pesticides.
Every person selling pesticides directly to the consumer shall file with the Board, in such manner and with such frequency as the Board may prescribe, reports of purchases, sales and shipments of restricted use pesticides and other pesticides designated by the Board. Failure to file any report when due shall be cause for suspension or revocation of any license or registration issued under this Article, or for denial of the issuance or renewal of any such license or registration, and shall be a misdemeanor, punishable as provided by G.S. 143-469. The time for reporting may be extended for an additional 15 days for cause, upon written request to the Board. All reports provided under this Part are provided solely for the purposes of the Board. (1971, c. 832, s. 1; 1987, c. 559, s. 2.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-462 - Procedures for revocations and related actions affecting licenses.

§ 143-462. Procedures for revocations and related actions affecting licenses.
In all proceedings, the effect of which would be to revoke, suspend, deny, or withhold renewal of a license issued under Part 3 or Part 4 of this Article, or to deny permission to take an examination for such a license, the provisions of Chapter 150B of the General Statutes shall be applicable. (1971, c. 832, s. 1; 1987, c. 827, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-463 - Adoption and publication of rules.

§ 143-463. Adoption and publication of rules.
Chapter 150B of the General Statutes governs the adoption of rules under this Article and the publication of those rules. (1971, c. 832, s. 1; 1975, 2nd Sess., c. 983, s. 84; 1979, c. 448, s. 11; 1987, c. 827, s. 45.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-464 - Procedures concerning registration of pesticides.

§ 143-464. Procedures concerning registration of pesticides.
A denial, suspension, or cancellation of a registration of a pesticide shall be made in accordance with the procedures in Chapter 150B of the General Statutes for denying, suspending, or canceling a license. (1971, c. 832, s. 1; 1979, c. 448, s. 12; 1987, c. 827, s. 46.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-465 - Reciprocity; intergovernmental cooperation.

§ 143-465. Reciprocity; intergovernmental cooperation.
(a) The Board may issue any license required by this Article on a reciprocal basis with other states without examination to a nonresident who is licensed in another state substantially in accordance with any of the provisions of the Article, provided that financial security as provided for in G.S. 143-467 is met.
(b) The Board may cooperate or enter into formal agreements with any other agency of this State or its subdivisions or with any agency of any other state or of the federal government for the purpose of enforcing any of the provisions of this Article.
(c) In order to avoid confusion resulting from diverse requirements and to avoid increased costs to the people of this State due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end the Board is authorized, after public hearing, to adopt by regulation such regulations, applicable to and in conformity with the primary standards established by this Article, as have been or may be prescribed with respect to pesticides by departments or agencies of the United States government.
(d) No county, city, or other political subdivision of the State shall adopt or continue in effect any ordinance, rule, regulation, or resolution regulating the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacture, or application of pesticides in any area subject to regulation by the Board pursuant to this Article. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from exercising its planning and zoning authority under Chapter 160D of the General Statutes, or from exercising its fire prevention or inspection authority. (1971, c. 832, s. 1; 1995, c. 445, s. 8; 2022-62, s. 37.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 52 - Pesticide Board. › § 143-466 - Records; information; inspection; enforcement.

§ 143-466. Records; information; inspection; enforcement.
(a) The Board shall require licensees to maintain records with respect to the sale and application of such pesticides as it may from time to time prescribe. Such relevant information as the Board may deem necessary may be specified by rule. The records shall be kept for a period of three years from 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 at its request.
(b) The Board may publish information regarding injury which may result from improper application or use of pesticides and the methods and precautions designed to prevent such injury.
(c) The Board may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by the Board by regulation.
(d) The Board may provide for inspection of any place of business where pesticides are stored or sold and may require changes in methods of handling, displaying and storing of all pesticides. A list of requirements that places of business must meet may be adopted by regulation of the Board.
(e) For the purpose of carrying out the provisions of this Article, inspectors designated by the Board may enter upon any public or private premises at reasonable times, in order:
(1) To have access for the purpose of inspecting the premises and any equipment subject to this Article and such premises on which such equipment is kept or stored;
(2) To inspect lands actually or reported to be exposed to pesticides;
(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.
No person shall refuse entry or access to any authorized representative of the Board who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. Should the Board or its designated agent be denied access to any land where such access was sought for the purposes set forth in this Article, the Board may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application issue the search warrant for the purposes requested. (1971, c. 832, s. 1; 1995, c. 445, s. 9.)