reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1200 - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 34 .1205 - CONDUCT OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Hearings in
				contested cases shall be conducted by a majority of the Committee. The Chairman
				shall serve as presiding officer unless he is absent or disqualified, in which
				case the Vice-chairman shall preside. Hearings shall be conducted as prescribed
				by G.S.
				150B-40.
(b) Disqualification. An affidavit seeking
				disqualification of any Committee member, if filed in good faith and in a
				timely manner, will be ruled on by the remaining members of the Committee. An
				affidavit is considered timely if it is filed:
(1) Prior to the hearing; or
(2) As soon after the commencement of the
				hearing as the affiant becomes aware of facts which give rise to his belief
				that a Committee member should be disqualified.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1200 - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 34 .1206 - DECISION OF COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The form and
				content of the Committee's decision in a contested case shall be as prescribed
				by G.S.
				150B-42(a), and its decision
				shall be served upon the parties in a manner consistent with said
				statute.
(b) The official record of
				the hearing in a contested case shall contain those items specified in
				G.S.
				150B-42(b).
Authority
				  G.S.
				  106-65.29;
				  150B-38;
Eff. May 1,
				  1992;
Amended Eff. August 3, 1992;
Readopted Eff. June
				  1, 2020.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 35 - WESTERN N.C. FARMERS' MARKET (TRANSFERRED)

Current through Register Vol. 39, No. 2, July 15, 2024
This Chapter 35 of Title 2 of the North Carolina Administrative
			 Code (2
			 NCAC 35): WESTERN N.C. FARMERS' MARKET: has
			 been transferred within the Department of Agriculture and recodified as
			 Subchapter 43I of Title 2 of the North Carolina Administrative Code
			 (2 NCAC
			 43I), effective August 1,
			 1982.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 36 - ORGANIZATION AND PROCEDURES (REPEALED) › Section 36 .0101-0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				106-2;
				106-4;
				106-12;
				106-22;
				150B-62;
Eff.
				January 8, 1981;
Repealed Eff. August 1,
				1988.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 36 - ORGANIZATION AND PROCEDURES (REPEALED) › Section 36 .0103 - REPEALED - AUTOMATIC TERMINATION OF SECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				106-2;
				106-12;
				150-10;
Eff. April 1,
				1981;
Repealed Eff. April 1,
				1987.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 37 - AGRONOMIC SERVICES › Section .0100 - ORGANIZATION › Section 37 .0101-0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  106-22(17);
Eff.
				  July 17, 1981;
Repealed Eff. January 1,
				  1985.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 37 - AGRONOMIC SERVICES › Section .0200 - PROGRAMS › Section 37 .0201 - SOIL TESTING SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  106-22(17);
Eff.
				  July 17, 1981;
Amended Eff. June 1, 1990;
Agency did
				  not readopt rule pursuant to
				  G.S.
				  150B-21.3A by RRC established deadline of
				  March 31, 2017;
Readopted Eff. September 1,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 37 - AGRONOMIC SERVICES › Section .0200 - PROGRAMS › Section 37 .0202 - PLANT ANALYSIS SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Agronomic
				Services Division shall analyze all samples for nitrogen, phosphorus,
				potassium, calcium, magnesium, manganese, copper, zinc, boron and other
				elements, as needed to make recommendations for corrective action. Results of
				the test and recommendations for corrective action shall be provided by the
				Agronomic Services Division. For the purposes of this Rule, "plant analyses"
				shall include analysis of wastes, soilless media, and other solutions for
				agronomic purposes.
(b) Fees for
				these services, to be paid at the time of submission, shall be as follows:
(1) Routine plant analysis - $5.00.
(2) Routine solution analysis -
				$5.00.
(3) Routine soilless media
				analysis - $5.00.
(4) Routine waste
				analysis - $8.00.
(5) Research
				plant, waste, soilless media, and solution analysis - $12.00.
(6) Nonresident plant, waste, soilless media,
				and solution analysis - $25.00.
(7)
				Special services:
(A) Heavy metals -
				$20.00.
(B) Waste-N breakout -
				$10.00.
(C) Waste-liming equivalent
				- $10.00.
(D) Plant-chloride -
				$2.00.
(E) Molybdenum -
				$2.00.
(F) Plant-petiole nitrates -
				$2.00.
(G) Bulk density -
				$10.00.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 37 - AGRONOMIC SERVICES › Section .0200 - PROGRAMS › Section 37 .0203 - NEMATODE ADVISORY SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Individuals desiring nematode analysis may obtain sample containers and
				instructions from the Agronomic Services Division, county extension office,
				farm supply dealers, Agronomic Division Regional Agronomists, or other local
				agricultural advisors. If plant-destructive nematodes are found, the best
				method of control will be recommended.
(b) Per sample fees for those services, to be
				paid at the time of submission, are as follows:
(1) Routine nematode assay - $3.00.
(2) Research nematode assay -
				$10.00.
(3) Pinewood nematode assay
				- $10.00.
(4) Nematode species
				identification by molecular diagnosis - $20.00.
(5) Out-of-state surcharge - $10.00
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0100 - PURPOSE AND DEFINITIONS › Section 38 .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Standards Division protects buyers and sellers against
				  misrepresentation of quantities by providing uniform standards for weights and
				  measures, by inspecting all commercial weighing and measuring devices, and by
				  inspecting packaged commodities to ensure that they are in compliance with the
				  labeled net contents statement; and performs safety inspections of LP-Gas and
				  anhydrous ammonia installations and vehicles to ensure that they are in
				  compliance with established safety codes. In addition, the Standards Division
				  enforces the rules and regulations of the North Carolina Gasoline and Oil
				  Inspection Board (02 NCAC 42).
Authority
				  G.S.
				  81A-1;
Eff. May 1,
				  1983;
Amended Eff. June 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0100 - PURPOSE AND DEFINITIONS › Section 38 .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of this Chapter:
(1) "A.N.S.I." means the American National
				Standards Institute, Inc.
(2)
				"Basket" as used in
				02 NCAC
				38 .0500 means any container, sheet, or box
				used in tobacco auction warehouses.
(3) "Board" means the North Carolina Board of
				Agriculture.
(4) "Condemned
				Equipment" means equipment that is permanently out of service.
(5) "Director" or "Director of Weights and
				Measures" means the Director of the Standards Division of the North Carolina
				Department of Agriculture.
(6)
				"N.I.S.T." means the National Institute of Standards and Technology.
(7) "N.C.W.M." means the National Conference
				on Weights and Measures.
(8)
				"Rejected Equipment" means equipment that is incorrect, which is considered
				susceptible of proper repair.
(9)
				"Weight(s) and/or Measure(s)" means all weights and measures of every kind,
				instruments, and devices for weighing and measuring, and any appliance and
				accessories associated with any or all such instruments and devices.
Authority
				  G.S.
				  81A-1;
Eff. May 1,
				  1983;
Amended Eff. January 1, 1990; June 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0200 - APPROVAL OF WEIGHING AND MEASURING DEVICES › Section 38 .0201 - ADOPTION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
The board hereby adopts by reference, including subsequent
				  amendments and editions, NIST Handbook 44, "Specifications, Tolerances, and
				  Other Technical Requirements for Weighing and Measuring Devices" except as
				  otherwise indicated in this Chapter.
Copies of the above are available for inspection in the
				  Office of the Director of the Standards Division and may be obtained for free
				  at
http://www.nist.gov/pml/wmd/pubs/index.cfm
.
Authority
				  G.S.
				  81A-2;
				  150B-21.6
Eff. May
				  1, 1983;
Amended Eff. January 1, 1990; June 1, 1988; April 1, 1987;
				  May 1, 1986;
Readopted Eff. March 1,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0200 - APPROVAL OF WEIGHING AND MEASURING DEVICES › Section 38 .0202 - WEIGHING AND MEASURING DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The requirements of NIST Handbook 44 shall apply as
				  follows:
(1) To commercial weighing
				and measuring equipment; that is, weights and measures and weighing and
				measuring devices commercially used or employed in establishing the size,
				quantity, extent, area, or measurement of quantities, things, produce, or
				articles for distribution or consumption purchased, offered, or submitted for
				sale, hire, or award, or in computing any basic charge or payment for services
				rendered on the basis of weight or measure;
(2) To any accessory attached to or used in
				connection with a commercial weighing or measuring device when such accessory
				is so designed that its operation affects the accuracy of the device;
				and
(3) To weighing and measuring
				equipment in official use for the enforcement of law or for the collection of
				statistical information by government agencies.
Authority
				  G.S.
				  81A-2;
Eff. May 1,
				  1983;
Amended Eff. January 1, 1990;
Readopted Eff.
				  March 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0200 - APPROVAL OF WEIGHING AND MEASURING DEVICES › Section 38 .0203 - TYPE APPROVAL OF WEIGHING AND MEASURING DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				type or model or pattern or design of weight or measure or weighing or
				measuring device intended for use in trade in this state, generally known as
				commercial use, shall first be submitted or demonstrated by the manufacturer
				for the purpose of approval, and be approved by the Director of the Standards
				Division at Raleigh, North Carolina, or such other place as agreed upon, in
				accordance with National Institute of Standards and Technology (NIST) Handbook
				44, "Specifications, Tolerances, and Other Technical Requirements for Weighing
				and Measuring Devices". The expense incurred in obtaining approval shall be
				borne by the manufacturer in accordance with
				G.S.
				81A-10.
(b) The Director may accept in lieu of the
				requirement in (a) of this Rule, a Certificate of Conformance issued by the
				National Conference of Weights and Measures.
Authority
				  G.S.
				  81A-2;
Eff. May 1,
				  1983;
Amended Eff. February 1, 2009; January 1, 1990; May 1,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0200 - APPROVAL OF WEIGHING AND MEASURING DEVICES › Section 38 .0204 - RECORD OF APPROVED WEIGHING AND MEASURING DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Director of Weights and Measures shall keep an accurate
				  record and list of names of manufacturers, name, type or model of device,
				  apparatus or equipment approved.
Authority
				  G.S.
				  81A-1;
				  81A-15;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0200 - APPROVAL OF WEIGHING AND MEASURING DEVICES › Section 38 .0205 - REPAIRS TO REJECTED WEIGHING DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
In order that a scale or weighing device which has been
				  rejected for repairs by a duly authorized weights and measures inspector may be
				  put back into service after having been serviced by a registered scale
				  technician, the Director of Weights and Measures is hereby authorized to grant
				  permission for the renewed use of such equipment provided:
(1) That the technician rendering service
				shall have sealed the rejection notice in an envelope;
(2) That the envelope bears the name,
				address, and registration number of the scale technician, date service was
				rendered, type of service rendered and signature of scale technician.
Authority
				  G.S.
				  81A-2;
				  81A-76;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0300 - PACKAGE AND LABELING REQUIREMENTS › Section 38 .0301 - ADOPTION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
The following are adopted by reference, including subsequent
				  amendments and editions, as standards for packaging and labeling and for
				  determining compliance of packaged goods with net contents labeling
				  requirements:
(1) NIST Handbook 130,
				"Packaging and Labeling Regulation," with the exception of Sections 13, 14, and
				15 of the "Packaging and Labeling Regulation" which are deleted; and
(2) NIST Handbook 133, "Checking the Net
				Contents of Packaged Goods".
Copies of Handbook 130 and Handbook 133 are available for
				  inspection in the Office of the Director of the Standards Division and may be
				  obtained for free at
http://www.nist.gov/pml/wmd/pubs/index.cfm
.
Authority
				  G.S.
				  81A-4;
				  150B-21.6;
Eff. May
				  1, 1983;
Amended Eff. January 1, 1990; December 1, 1988; June 1,
				  1988; April 1, 1987;
Readopted Eff. March 1,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0300 - PACKAGE AND LABELING REQUIREMENTS › Section 38 .0302 - REPEALED - DOCUMENT AVAILABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  81A-4;
				  150B-14;
Eff. May 1,
				  1983;
Amended Eff. June 1, 1984;
Repealed Eff. October
				  1, 1987.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0400 - METHOD OF SALE OF COMMODITIES › Section 38 .0401 - ADOPTION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
The Board hereby adopts by reference including subsequent
				  amendments and editions the NIST Handbook 130, "Method of Sale of Commodities
				  Regulation" with the following additions and exceptions:
(1) The preferred method for measuring
				fireplace and stove wood is by the cord or fractional parts of a cord. However,
				nothing in Section 2.4, "Fireplace and Stove Wood," shall be construed as
				preventing the purchaser and seller of fireplace or stove wood from agreeing on
				a quantity other than a cord or fractional parts of a cord.
(2) Section 2.20, "Gasoline-Oxygenate Blends"
				is deleted.
(3) Section 2.19. shall
				apply only to kerosene sold in a container or kerosene sold through a retail
				device. In addition, a container or a device shall indicate for 1-K kerosene
				"SUITABLE FOR USE IN UNVENTED HEATERS" and for 2-K kerosene "MAY NOT BE
				SUITABLE FOR USE IN UNVENTED HEATERS".
(4) In Section 2.21., the temperature
				compensation requirements shall not be mandatory. However, if a company elects
				to sell liquefied petroleum gas on a temperature compensated basis, then all
				meters in the truck fleet shall be equipped with an activated automatic
				temperature compensator that shall remain in continuous operation for a period
				of not less than one year.
(5) The
				price for propane dispensed into containers of less than 240 pounds water
				capacity may be on a minimum price basis provided that the seller displays the
				minimum price at the point of container fill and the point of sale. This Rule
				shall not apply to propane container exchange sales where an empty or partially
				empty container is exchanged for a full one.
(6) Any variety of potatoes, defined as
				edible tubers in Section 2.3.2 of the NCWM Policy Interpretations and
				Guidelines section may also be sold by count providing they meet corresponding
				standard of "US Grade No. 1" as found in the most current version of the United
				States Department of Agriculture (USDA) "United States Standards for Sweet
				Potatoes" or the USDA "United States Standards for Potatoes," as appropriate.
				Any commercial shipping boxes or other containers, shipping documents and
				invoices shall be marked as "US Grade No. 1" potatoes.
Copies of NIST Handbook 130, "Method of Sale of Commodities
				  Regulation" are available for inspection in the Office of the Director of the
				  Standards Division and may be obtained for free at
http://www.nist.gov/pml/wmd/pubs/index.cfm
.
				  Copies of the "United States Standards for Sweet Potatoes" and "United States
				  Standards for Potatoes" are available for free at
http://www.ams.usda.gov/grades-standards/vegetables
.
Authority
				  G.S.
				  81A-4;
Eff. May 1,
				  1983;
Amended Eff. June 1, 1994; January 1, 1990; December 1, 1988;
				  June 1, 1988;
Readopted Eff. March 1, 2017;
Amended
				  Eff. July 1, 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0400 - METHOD OF SALE OF COMMODITIES › Section 38 .0402 - REPEALED - DOCUMENT AVAILABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  81A-4;
				  150B-14;
Eff. May 1,
				  1983;
Amended Eff. April 1, 1985; June 1, 1984;
Repealed Eff. June 1, 1988.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0500 - LEAF TOBACCO › Section 38 .0501 - TOBACCO OFFERED FOR SALE

Current through Register Vol. 39, No. 2, July 15, 2024
When leaf tobacco is placed on the floor of a leaf tobacco
				  auction warehouse in a line or row according to custom in said warehouse,
				  preceding the actual sale, such act on the part of any person, firm, or
				  corporation shall be construed as offering the tobacco for sale, and that the
				  tobacco is offered for sale and thus becomes subject to the conditions set
				  forth in G.S. 81A-59.
Authority
				  G.S.
				  81A-2;
				  81A-4;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0500 - LEAF TOBACCO › Section 38 .0502 - BASKETS

Current through Register Vol. 39, No. 2, July 15, 2024
No basket shall be used in a tobacco auction warehouse which
				  deviates from the established average weight by a weight in excess of one pound
				  either over or under. The average weight shall be established by weighing 100
				  baskets, picked at random, and this weight divided by 100. The said average
				  basket weight shall be posted on the scale or scale house in a plain and
				  conspicuous place. Any and every basket in said warehouse which does not
				  conform to this requirement shall be moved from the premises or destroyed by
				  the operators of the warehouse. Each warehouse shall be equipped with a metal
				  test weight which shall be equal in weight to the established and posted
				  average weight of basket. Said test weight shall be used by the weighmaster in
				  making allowance for the basket when setting total tare on tare beams of scale
				  and thereby protect himself in the issuing of weight certificate provided in
				  G.S.
				  81A-53.
Authority
				  G.S.
				  81A-2;
				  81A-4;
				  81A-15(9);
Eff. May 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0500 - LEAF TOBACCO › Section 38 .0503 - EXPIRED - WAREHOUSE TRUCKS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  81A-2;
				  81A-4;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule Expired April 1,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0500 - LEAF TOBACCO › Section 38 .0504 - WEIGHING

Current through Register Vol. 39, No. 2, July 15, 2024
All tobacco weighed in a tobacco warehouse for the purpose of
				  sale shall be weighed accurately to the nearest one pound.
Authority
				  G.S.
				  81A-2;
				  81A-4;
				  81A-15(9);
Eff. May 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0500 - LEAF TOBACCO › Section 38 .0505 - VARIATIONS IN WEIGHT

Current through Register Vol. 39, No. 2, July 15, 2024
A tolerance not exceeding two pounds on each basket of
				  tobacco weighing not more than 175 pounds, and a tolerance of four pounds on
				  each basket of tobacco weighing more than 175 pounds shall be considered a
				  reasonable variation in weight; provided, however, such variation shall be
				  allowable only when supported by the facts in each case and applicable to each
				  individual basket of tobacco; and further provided that in no case shall any
				  allowance be made for variation in weight on basket erroneously weighed or
				  illegally packed; and also provided that consistent short weights on baskets
				  peculiar to any warehouse on a given market shall raise a presumption of
				  erroneous weighing.
Authority
				  G.S.
				  81A-2;
				  81A-4;
				  81A-15(9);
Eff. May 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0500 - LEAF TOBACCO › Section 38 .0506 - REPEALED - CLAIMS: REWEIGHING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  81A-2;
				  81-4;
Eff. May 1,
				  1983;
Repealed Eff. June 1, 1984.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0500 - LEAF TOBACCO › Section 38 .0507 - VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Any weighmaster, or any custodian, or any employee of the
				  custodian, who takes or attempts to take advantage of these variations or
				  tolerance in the issuing of a weight certificate, or in the setting of tare
				  beam on scale when making allowances for weight of truck and average weight of
				  basket, or by removing or permitting or causing to be removed tobacco from any
				  basket or pile, shall forfeit his or its right to the benefit of any of the
				  variations or tolerance provided for in this Regulation and shall be guilty of
				  misrepresenting the quantity in fact and shall be subject to penalties as set
				  forth in Section
				  81A-29 and Section
				  81A-55 of the General
				  Statutes.
Authority
				  G.S.
				  81A-2;
				  81A-4;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0500 - LEAF TOBACCO › Section 38 .0508 - CUSTODIAN OF TOBACCO

Current through Register Vol. 39, No. 2, July 15, 2024
It shall not be construed that these variations and tolerance
				  do in any way relieve the custodian of the tobacco of his responsibility or
				  liability as referred to in
				  G.S.
				  81A-58.
Authority
				  G.S.
				  81A-2;
				  81A-4;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0600 - SALE OF PETROLEUM PRODUCTS › Section 38 .0601 - RETAIL MOTOR FUEL DISPENSERS/HALF-PRICING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All retail motor fuel dispensing outlets
				shall sell motor fuel by the full price per unit as stated in NIST Handbook 130
				method for that fuel type.
(b)
				Retail motor fuel dispensing outlets shall not sell motor fuel by the
				half-price per gallon method.
Authority
				  G.S.
				  81A-2;
Eff. May 1,
				  1983;
Amended Eff. February 1, 2009;
Readopted Eff.
				  March 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0600 - SALE OF PETROLEUM PRODUCTS › Section 38 .0602 - METRIC SALES OF RETAIL MOTOR FUEL

Current through Register Vol. 39, No. 2, July 15, 2024
At those locations that dispense motor fuel by the liter, the
				  following provisions shall apply:
(1)
				All streets, roadside, and similar advertising signs shall provide price per
				gallon information for all products for which prices are posted on said signs.
				Signs shall show complete dollar and cents numerals and they shall be clearly
				legible. Signs showing the equivalent price per liter may also be used. If a
				price per liter is also posted, it shall be adjacent to the gallon
				price.
(2) Current and accurate
				price comparisons between gallon and liter values shall be posted by one of the
				following methods:
(a) a sign on the top of
				dispensers, positioned for easy view by the customer, and with values visible
				from either side of the island; or
(b) a decal affixed to each dispenser and
				positioned for easy view by the customer.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0600 - SALE OF PETROLEUM PRODUCTS › Section 38 .0603 - PRICE AND VOLUME CONSISTENCY

Current through Register Vol. 39, No. 2, July 15, 2024
All retail motor fuel pumps at the same facility shall
				  calculate price by the same method and volume by the same
				  measure.
Authority
				  G.S.
				  81A-2;
				  81A-22;
				  81A-23;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0600 - SALE OF PETROLEUM PRODUCTS › Section 38 .0604 - PRICE POSTING/CASH DISCOUNTS FOR RETAIL MOTOR FUEL SALES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				any condition or qualification is required to purchase fuel at the posted
				price, that condition or qualification shall be posted in conjunction with the
				advertised price.
(b) At those
				locations where separate dispensers or islands are established for credit card
				and cash sales, the dispensers or islands shall be identified to avoid customer
				confusion.
(c) At those locations
				where the same dispenser is used for cash and credit card sales, the following
				apply:
(1) If the dispenser is capable of
				computing only one price, then the dispenser shall be set at the highest unit
				price and the unit discount rate (either per gallon, percentage, or per gallon
				credit price) shall be displayed. A receipt shall contain the total volume of
				the delivery, the unit price, the total computed price, an itemization of the
				discounts to the unit price, and the final total price;
(2) If the dispenser is capable of computing
				both cash and credit sales, either the credit surcharge rate (either per
				gallon, percentage, or per gallon credit price) or the cash discount rate
				(either per gallon, percentage, or per gallon price) shall be displayed;
				and
(3) The location must indicate
				whether "debit" transactions are treated as cash or credit transactions. Labels
				such as "cash/debit," "debit=cash," or "credit/debit" are acceptable.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0700 - STANDARDS FOR STORAGE, HANDLING AND INSTALLATION OF LP GAS › Section 38 .0702 - METERS ON TANK TRUCKS

Current through Register Vol. 39, No. 2, July 15, 2024
All tank trucks delivering through liquid meters into storage
				  tanks or containers or cylinders shall be equipped with a device which will
				  print the quantity delivered on a ticket, a copy of which will be given to the
				  consumer.
Authority
				  G.S.
				  119-55;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0700 - STANDARDS FOR STORAGE, HANDLING AND INSTALLATION OF LP GAS › Section 38 .0703 - LP GAS INSPECTION REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
Upon inspection pursuant to
				  G.S.
				  119-57, a notice of violations shall be given
				  to the violator. The notice shall include but is not limited to repairs
				  necessary to eliminate the violation(s) and a date by which repairs shall be
				  made by the violator. An extension of time for repair is at the discretion of
				  the Director of the Standards Division, upon written request.
Authority
				  G.S.
				  119-55;
Eff. May 1,
				  1983;
Amended Eff. June 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0700 - STANDARDS FOR STORAGE, HANDLING AND INSTALLATION OF LP GAS › Section 38 .0704 - APPROVED THIRD PARTY TESTING LABORATORIES

Current through Register Vol. 39, No. 2, July 15, 2024
In accordance with
				  G.S.
				  119-58(a)(1), third party
				  testing laboratories accredited by the North Carolina Building Code Council are
				  accepted for approving gas appliances that are designed or built for domestic
				  use.
Authority
				  G.S.
				  119-58;
Eff. July 1,
				  1985;
Amended Eff. December 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0700 - STANDARDS FOR STORAGE, HANDLING AND INSTALLATION OF LP GAS › Section 38 .0705 - NOTIFICATION FOR DISCONNECTION OF SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This
				Rule contains additional standards relating to the requirements for
				disconnection of service contained in
				G.S.
				119-58(b).
(b) To "notify the former supplier before
				disconnecting the former service and connecting the new service," as required
				by G.S.
				119-58(b), means that the
				new supplier shall provide the former supplier with written notice containing
				the new supplier's name, address and telephone number, the consumer's name and
				address, and stating the date and time after which service is to be
				disconnected. The notice may be sent by mail, overnight mail, facsimile, email,
				or by hand-delivery, so long as it is received prior to the disconnection of
				the former service.
Authority
				  G.S.
				  119-55;
				  119-58;
Temporary
				  Adoption Eff. January 1, 2003;
Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22, 2015;
Amended Eff. May
				  1, 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0800 - LIQUID FERTILIZERS › Section 38 .0801 - ADOPTION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
The board hereby adopts the American National Standard,
				  "Safety Requirements for the Storage and Handling of Anhydrous Ammonia", 1981
				  edition, (ANSI k61.1-1981), as published by the American National Standards
				  Institute, Inc.
Copies from this Rule are available for inspection in the
				  Office of the Director of the Standards Division and may be obtained by
				  contacting the publisher at the following address: American National Standards
				  Institute, Inc., 1430 Broadway, New York, New York 10018.
Authority
				  G.S.
				  106-660;
				  150B-14;
Eff. May 1,
				  1983;
Amended Eff. June 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0800 - LIQUID FERTILIZERS › Section 38 .0802 - APPROVAL FOR ANHYDROUS AMMONIA INSTALLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Plans for fixed (stationary) anhydrous ammonia installations
				  shall be submitted to the Commissioner of Agriculture or his designated
				  representative and approved before the installation is
				  started.
Authority
				  G.S.
				  106-660;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0800 - LIQUID FERTILIZERS › Section 38 .0803 - METERS FOR LIQUID FERTILIZERS

Current through Register Vol. 39, No. 2, July 15, 2024
When a meter is used to measure liquid fertilizer, said meter
				  shall be approved in accordance with
				  2 NCAC
				  38 .0200. In addition, meters used to measure
				  liquid fertilizer shall be equipped with a device which will print the quantity
				  delivered on a ticket, a copy of which will be given to the
				  consumer.
Authority
				  G.S.
				  106-660;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 38 - CONSUMER STANDARDS › Section .0800 - LIQUID FERTILIZERS › Section 38 .0804 - USE OF APPLICATOR TANKS AS MEASURING DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
When a cylindrical applicator tank is used as a measuring
				  device in the distribution of liquid fertilizer, it shall be calibrated by
				  liquid measure from zero to capacity with zero indicating empty. There shall be
				  a graduation scale on each end of the applicator tank located at a distance of
				  not more than 1/16 of an inch away from the sight glass or tube. The value of
				  graduated intervals shall not exceed:
(1) one gallon for a tank of a nominal
				capacity of 300 gallons or less;
(2) five gallons for a tank of a nominal
				capacity of 301 gallons or more.
Authority
				  G.S.
				  106-660;
Eff. May 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. March 22,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 39 - STATE ORGANIC PROGRAM › Section .0100 - ORGANIC STANDARDS › Section 39 .0101 - ADOPTION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Title 7, Part 205 of the Code of Federal Regulations,
				  "National Organic Program," is hereby adopted by reference, including
				  subsequent amendments. Copies of this document are available from the United
				  States Government Printing Office, Washington, DC, at a cost of thirty-four
				  dollars ($34.00).
Authority
				  G.S.
				  106-22.3;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0100 - PURPOSE AND DEFINITIONS › Section 42 .0101 - PURPOSE AND ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Gasoline and Oil Inspection Board establishes the minimum
				  quality standards of liquid fuel products offered for sale, sold, or delivered
				  in North Carolina, mandates proper labeling of liquid fuel products and
				  registers motor fuels.
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0100 - PURPOSE AND DEFINITIONS › Section 42 .0103-0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  106-2;
				  106-4;
				  106-12;
				  106-22;
				  119-26;
				  150B-62;
Eff.
				  December 1, 1981;
Repealed Eff. November 1,
				  1983.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0200 - QUALITY OF LIQUID FUEL PRODUCTS › Section 42 .0201 - STANDARD SPECIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				hereby adopts by reference, including subsequent amendments and editions, ASTM
				D 4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel" as
				standard specification for gasoline with the following modifications:
(1) applications for temporary exceptions to
				vapor pressure and vapor-liquid ratio specifications as provided in this
				Subparagraph shall be made to the Director. Said applications shall contain
				evidence that outlets marketing gasoline in North Carolina cannot be supplied
				from bulk terminals furnishing specified volatility level gasoline or that
				customary sources of supply have been temporarily interrupted by product
				shortage and alternate sources furnishing specified volatility level gasoline
				are not available. Such temporary exceptions granted shall apply only until the
				next meeting of the Board at which time the Board shall establish the duration
				of the exception;
(2) the minimum
				lead content for gasoline registered or labeled as "leaded" shall be as defined
				in 02
				NCAC 42 .0102;
(3) vapor pressure and vapor-liquid ratio
				seasonal specifications as listed in this Subparagraph may be extended for a
				maximum period of 15 days to allow for the disbursement of old stocks. However,
				new stocks of a higher volatility classification shall not be offered for
				retail sale prior to the effective date of the higher volatility
				classification.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0200 - QUALITY OF LIQUID FUEL PRODUCTS › Section 42 .0202 - QUALITY OF MOTOR FUELS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A motor fuel
				shall be of the quality specifications as registered with the
				director.
(b) If any quality
				specification is displayed on a dispenser or in any public location where motor
				fuel is sold and said specification exceeds the quality specifications
				registered, the displayed specification shall become the legal minimum for all
				motor fuels so labeled or advertised.
(c) Any octane number or rating displayed
				shall be the octane index and no other number or rating.
(d) All other specifications displayed must
				be identified by name or designation except that the octane index may be used
				as part of a brand name after compliance with
				2 NCAC
				42 .0500.
Authority
				  G.S.
				  119-26;
				  119-27;
Eff. December
				  1, 1981;
Amended Eff. September 1, 1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0200 - QUALITY OF LIQUID FUEL PRODUCTS › Section 42 .0203 - REPEALED - A.S.T.M. EMERGENCY SPECIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Repealed Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0200 - QUALITY OF LIQUID FUEL PRODUCTS › Section 42 .0204 - INSPECTION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of the inspection fee of
				  G.S.
				  119-18, all products labeled as Number 1 fuel
				  oil, and which meet the specifications for kerosene, the same shall be
				  considered as kerosene.
Authority
				  G.S.
				  119-16.1;
				  119-18;
				  119-26;
Eff. December
				  1, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0300 - SALE OF GASOLINE › Section 42 .0301 - GASOLINE SOLD UNDER LABEL NAME OR BRAND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All gasoline
				sold at wholesale or retail in North Carolina shall be sold under the label,
				name, or brand name under which the gasoline was first purchased for resale in
				North Carolina, except as provided in Paragraph (b) of this Rule.
(b) The owner of any gasoline purchased for
				resale in North Carolina may sell such gasoline under a label, name, or brand
				other than that under which the gasoline was purchased provided that a Motor
				Fuel Brand Name Registration form is filed with the Director.
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Amended Eff. July 1, 2008;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0300 - SALE OF GASOLINE › Section 42 .0302 - EVIDENCE OF ORIGINAL PURCHASE

Current through Register Vol. 39, No. 2, July 15, 2024
The invoice, bill of sale, bill of lading, terminal ticket,
				  or other evidence of the original purchase of gasoline shall state the name and
				  address of the seller and buyer, the date and time of sale, the label, name or
				  brand under which it was sold and the number of gallons sold. All such evidence
				  of original purchase shall be signed in ink or other indelible substance by the
				  seller.
Authority
				  G.S.
				  119-26;
				  119-27;
Eff. December
				  1, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0400 - DISPENSING DEVICES AND PUMPS › Section 42 .0401 - LABELING OF DISPENSING DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				the purpose of product identity, each dispensing device used in the retailing
				of any motor fuel shall, on the front panel of the dispenser and in plain view
				of the customer, be labeled with the following:
(1) For gasoline, the registered brand
				name;
(2) For diesel fuel, the
				registered brand name plus a descriptive or generic label if the registered
				brand name does not identify the type or grade of product;
(3) For biodiesel and biodiesel blends, the
				registered brand name plus a descriptive or generic label if the registered
				brand name does not identify the type or grade of product;
(4) For gasoline-oxygenate blends other than
				E85 fuel ethanol containing:
(A) At least one
				percent by volume of methanol, the registered brand name plus an additional
				label which states that the blend "contains methanol."
(B) Ten percent or less by volume of ethanol,
				the registered brand name plus an additional label which states that the blend
				"contains 10% ethanol," "may contain up to 10% ethanol," "contains 10% or less
				ethanol" or similar wording.
(C)
				Greater than 10 percent but no more than 15 percent by volume of ethanol, the
				registered brand name plus an additional label that states the blend "contains
				up to 15% ethanol," "contains between 10-15% ethanol," or similar
				wording.
(D) Greater than 15
				percent but no more than 85 percent by volume of ethanol, the registered brand
				name plus an additional label which states the specific volume percentage of
				ethanol present in the blend such as "contains 30% ethanol."
(5) For E85 fuel ethanol, the
				registered brand name.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0400 - DISPENSING DEVICES AND PUMPS › Section 42 .0402-0404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Amended Eff. February 1, 1982;
Repealed Eff.
				  November 1, 1984.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0500 - REGISTRATION AND BRANDING › Section 42 .0501 - BRANDING AND REGISTRATION OF MOTOR FUELS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All motor
				fuels offered for sale, sold, or delivered to a purchaser in this State shall
				be branded, and each and every brand name shall be registered with the Director
				on forms provided by the Director. The Director:
(1) may require proof of compliance for any
				motor fuel which is subject to Federal waiver requirements or other applicable
				laws or regulations; and
(2) may
				require any person desiring to register a motor fuel for which there exists no
				generally recognized classification, basic quality standards, or performance
				record, to submit, in writing, the following:
(A) certified test data and performance
				evaluations; and
(B) chemical and
				physical characteristics.
This information shall be submitted before an application for
				  registration will be considered.