North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0900 - DUTIES AND RESPONSIBILITIES OF LICENSEE › Section 34 .0904 - PROHIBITED ACTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No reference
				shall be made by any certified applicator, licensee, Structural Pest Control
				business establishment, or Structural Pest Control business entity in any form
				of advertising that would indicate approval, endorsement, or recommendation by
				the Committee or by any agency of the federal government or North Carolina
				State, county, or city government.
(b) The use of a structural pest control
				license, certified applicator's identification card, registered technician's
				identification card, or licensee identification card for any purpose other than
				identification is prohibited.
(c)
				In solicitation of structural pest control business, no licensee or his or her
				employees shall claim that inspections or treatments are required, authorized,
				or endorsed by any agency of the federal government or North Carolina State,
				county, or city government unless said agency states that an inspection or
				treatment is required for a specific structure.
(d) No licensee shall advertise, in any way
				or manner, as a contractor for structural pest control services, in any phase
				of work for which he or she does not hold a valid license as provided for under
				G.S.
				106-65.25(a), unless said
				licensee shall hold a valid certified applicator's identification card or
				registered technician's identification card, as provided for under
				G.S.
				106-65.31, as an employee of a person who
				does hold a valid state license covering phases of structural pest control work
				advertised.
(e) The impersonation
				of any North Carolina State, county, or city inspector or any other
				governmental official is prohibited.
(f) No licensee, certified applicator, or
				registered technician's identification card holder shall advertise or hold
				himself or herself out in any manner in connection with the practice of
				structural pest control as an entomologist, plant pathologist, horticulturist,
				public health engineer, or sanitarian, unless such person shall be qualified in
				such a field by required professional standards and certifications, or a degree
				from an accredited college or university as appropriate for the title
				used.
(g) No certified applicator,
				licensee, or his or her employees shall represent to any property owner or his
				or her authorized agent or occupant of any structure that any specific pest is
				infesting any property, structure, or surrounding areas unless visible evidence
				of such infestation exists.
(h) No
				certified applicator, licensee, or their employees shall authorize, direct,
				assist, or aid in the publication, advertisement, distribution, or circulation
				of any material containing false statements or misrepresentations concerning
				the licensee's structural pest control business or business of the company with
				which he or she is employed.
(i) No
				certified applicator, licensee, or their employees shall advertise or contract
				in a company name contradictory to that shown on the certified applicator's
				identification card or license certificate; provided, however, when there is a
				sale of a business or other name change the company may use both names together
				for a period not to exceed three years from the date of the name change or sale
				of business.
(j) No certified
				applicator shall use any name on his or her certified applicator's
				identification card which contains the words "exterminating", "pest control",
				or any other words which imply that he or she provides pest control services
				for a valuable consideration unless he or she is a licensee or a duly
				authorized agent or employee of a licensee.
(k) No licensee issued an inactive license
				shall engage in any phase of structural pest control under an inactive license
				issued by the committee.
(l) No
				licensee, certified applicator, or registered technician shall indicate on any
				foundation diagram prepared pursuant to
				02 NCAC
				34 .0601 or
				02 NCAC
				34 .0605 that hidden damage or possible
				hidden damage due to any wood-destroying organism exists in a structure unless
				there is visible evidence of infestation or damage present in the immediate
				area of the alleged hidden damage.
(m) No pesticide shall be applied for the
				purpose of performing structural pest control when the conditions at the site
				of application favor drift or runoff from the target site.
(n) A final order imposing civil liability
				under Section 14(a) of 7 USC
				1361(a), the Federal
				Insecticide, Fungicide, and Rodenticide Act (FIFRA), against any licensee,
				certified applicator, or non-certified applicator, or a criminal conviction,
				entry of a plea of guilty, or of nolo contendere under Section 14(b) of FIFRA
				by a licensee, certified applicator, or non-certified applicator shall
				constitute grounds for the denial, suspension, or revocation of any license or
				certification issued by the committee.
Authority
				  G.S.
				  106-65.23;
				  106-65.25;
				  106-65.29;
Eff. July
				  1, 1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  January 1, 1991 January 1, 1989; August 20, 1980;
Temporary
				  Amendment Eff. July 10, 1995 for a period of 120 days or until the permanent
				  rule becomes effective, whichever is sooner;
Amended Eff. August 1,
				  2002; July 1, 1998; November 1, 1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22, 2018;
Amended Eff.
				  January 1, 2023.