North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0100 - INTRODUCTION AND DEFINITIONS › Section 34 .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions contained in the Act, the
				  following definitions apply:
(1) "Act
				or law" means the Structural Pest Control Act of North Carolina of
				1955.
(2) "Active infestation of a
				specific organism" means evidence of present activity by that organism, visible
				in, on, or under a structure, or in or on debris under the structure.
(3) "Active ingredient" means an ingredient
				which will or is intended to prevent, destroy, repel, or mitigate any
				pest.
(4) "Acutely toxic
				rodenticidal baits" means all baits that, as formulated, are classified as
				Toxicity Category I or II (Signal Word "Danger" or "Warning") under 40 CFR Part
				156.10.
(5) "Board of Agriculture"
				or Board means the Board of Agriculture of the State of North
				Carolina.
(6) "Commercial certified
				applicator" shall mean any certified applicator employed by a licensed
				individual.
(7) "Commercial
				structure" means any structure which is not a residential structure, including
				but not limited to shopping centers, offices, nursing homes, and similar
				structures.
(8) "Complete surface
				residual spray" means the over-all application of any pesticide by spray or
				otherwise, to any surface areas within, on, under, or adjacent to, any
				structure in such a manner that the pesticide will adhere to surfaces and
				remain toxic to household pests and rodents or other pests for an extended
				period of time.
(9) "Continuing
				education units" or "CEU" means units of noncredit education awarded by the
				Division of Continuing Studies, North Carolina State University or comparable
				educational institution, for satisfactorily completing course work.
(10) "Continuing certification unit" or "CCU"
				means a unit of credit awarded by the Division upon satisfactory completion of
				one clock hour of classroom training approved as set out in these
				Rules.
(11) "Crack and crevice
				application" means an application of pesticide made directly into a crack or
				void area with equipment capable of delivering the pesticide to the target
				area.
(12) "Deficient soil sample"
				shall mean any soil sample which, when analyzed, is found to contain less than
				25 percent, expressed in parts per million (ppm), of the termiticide applied by
				a licensee which would be found if the termiticide had been applied at the
				lowest concentration and dosage recommended by the labeling.
(13) "Department" means the Department of
				Agriculture and Consumer Services of the State of North Carolina.
(14) "Disciplinary action" means any action
				taken by the Committee as provided under the provisions of
				G.S.
				106-65.28.
(15) "Division" means the Structural Pest
				Control Division of the Department of Agriculture and Consumer Services of the
				State of North Carolina.
(16)
				"Enclosed space" means any structure by whatever name known, including
				household structures; commercial buildings; warehouses; docks; vacant
				structures; places where people congregate such as hospitals, schools and
				churches; railroad cars; trucks; ships; aircraft; and common carriers. It shall
				also mean vaults, tanks, chambers, and special rooms designed for use, being
				used, or intended to be used for fumigation operations.
(17) "EPA" means the Environmental Protection
				Agency of the United States Government.
(18) "EPA registration number" means the
				number assigned to a pesticide label by EPA.
(19) "Flammable pesticidal fog" means the fog
				dispelled into space and produced:
(a) from
				oil solutions of pesticides finely atomized by a blast of heated air or exhaust
				gases from a gasoline engine; or
(b) from mixtures of water and pesticidal oil
				solutions passed through a combustion chamber, the water being converted to
				steam, which exerts a shearing action, breaking up the pesticidal oil into
				small droplets (thermal fog); or
(c) from oil solutions of pesticides which
				are forced through very narrow space by centrifugal force and atomized as they
				are thrown off into the air (mechanical or cold fogs).