North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 09 - FOOD AND DRUG PROTECTION › Subchapter L - PESTICIDE SECTION › Section .0900 - FORMS › Section 09L .1001 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All specific words or terms used in this Section shall have
					 the same definitions as shown in the North Carolina Pesticide Law of 1971,
					 G.S.
					 143-460, unless the context otherwise
					 requires.
(1) "Agricultural Aircraft
				  Operation" means the operation of an aircraft for the purpose of dispensing any
				  pesticide directly affecting agriculture, horticulture, forest preservation, or
				  for any other pest control operation.
(2) "Adverse Effect" means personal injury,
				  damage to personal property, damage to real property, damage to the
				  environment, or any combination of these.
(3) "Aircraft" means a weight-carrying
				  structure for navigation of the air that is supported either by its own
				  buoyancy or by the dynamic action of the air against its surfaces. This shall
				  include either fixed-wing or rotary-wing aircraft.
(4) "Congested Areas" means the same meaning
				  as described in case law opinions interpreting Title 14 CFR Part 137, Subpart
				  C.
(5) "Contractor" means any
				  person who owns or manages an aerial application business that is engaged in
				  the custom application of pesticides.
(6) "Custom Application" means any
				  application of pesticides by aircraft for which service a payment is
				  made.
(7) "Drift" means the
				  airborne movement of pesticides resulting from the application of pesticides
				  such as to carry the pesticides beyond the target area.
(8) "Emergency" means an occurrence that can
				  impair public health or safety or result in injury, damage, or loss of life
				  that calls for action. An emergency may be minor or of such magnitude as to
				  create a disaster.
(9)
				  "Environment" means water, air, land, plants, man and other animals living
				  therein and the interrelationships which exist among these.
(10) "F.A.R.-137" means Title 14 CFR Part
				  137, incorporated by reference, including subsequent amendments and editions,
				  relating to agricultural aircraft operations. This document may be accessed at
https://www.law.cornell.edu/cfr/text/14/part-137
.
(11) "Pilot" means the person in control of
				  the aircraft during the application of a pesticide.
(12) "Registered Apiary" means any place
				  where one or more colonies of bees are kept and registered with the North
				  Carolina Department of Agriculture and Consumer Services.
(13) "Respirator" means a respirator or mask
				  of a type that has been tested by the National Institute of Occupational Safety
				  and Health and found to be satisfactory for protection against the particular
				  pesticide being used.
(14) "Spray
				  Equipment" means the equipment used for spraying liquid mixtures of pesticides
				  in an agricultural aircraft operation.
(15) "Target Area" means intended site of
				  pesticide application.
(16)
				  "Toxicity Category I Pesticides" means any pesticide products that are required
				  to display the signal word "Danger" on the label.
Authority
					 G.S.
					 143-458;
					 143-463;
Eff. July 2,
					 1976;
Amended Eff. January 1, 1985;
Readopted Eff.
					 August 1, 2020.