02 NCAC 09L .0504          DEFINITIONS

The following definitions apply to Rules .0505, .0506, and .0507 of this Section:

(1)           "Agricultural pest control":

(a)           Plant. Includes pesticide applicators using or supervising the use of pesticides in production of agricultural crops, including tobacco, peanuts, cotton, feed grains, soybeans and forage; vegetables; small fruits; tree fruits and nuts; as well as on grasslands and non‑crop agricultural lands; and

(b)           Animal. Includes pesticide applicators using or supervising the use of pesticides on animals, including, but not limited to, the foregoing, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock, and to places where animals are confined. Doctors of veterinary medicine engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large‑scale use of pesticides are included in this category.

(2)           "Forest pest control" includes pesticide applicators using or supervising the use of pesticides in forests, forest nurseries, and forest seed‑producing areas.

(3)           "Ornamental and turf pest control" includes pesticide applicators using or supervising the use of pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers, and turf.

(4)           "Seed treatment" includes pesticide applicators using or supervising the use of pesticides on seeds.

(5)           "Aquatic pest control" includes pesticide applicators using or supervising the use of any pesticide intended to be applied to standing or running water, excluding applicators engaged in public health related activities included in Item (7) of this Rule.

(6)           "Right‑of‑way pest control" includes pesticide applicators using or supervising the use of pesticides in the maintenance of public roads, electric powerlines, pipelines, railway rights-of-way, or other similar areas.

(7)           "Public health pest control" includes primarily, but is not limited to, state, federal, or other governmental employees using or supervising the use of pesticides in public health programs for the management and control of pests having medical and public health importance.

(8)           "Regulatory pest control" includes state, federal, or other governmental employees who use or supervise the use of pesticides in the control of regulated pests.

(9)           "Demonstration and research pest control" includes the following:

(a)           persons who demonstrate to the public the use and techniques of application of pesticides or supervise such demonstration, including extension specialists and county agents; commercial representatives demonstrating pesticide products, and those persons demonstrating methods used in public programs; and

(b)           persons who use or supervise the use of pesticides while conducting field research with pesticides. This includes state, federal, commercial, and other persons conducting field research on or utilizing pesticides.

(10)         "Wood treatment" includes pesticide applicators using or supervising the use of restricted use pesticides in wood preservation and wood products treatment.

(11)         "Soil and growing media fumigation pest control" includes individuals using or supervising the use of any fumigant pesticide injected or applied to soils or growing media. This category excludes fumigation of raw agricultural commodities and all structural fumigation such as:

(a)           boxcars;

(b)           warehouses;

(c)           tractor trailers; and

(d)           grain bins.

(12)         "Growing media" includes a substance or substances through which roots grow and extract water and nutrients.

History Note:        Authority G.S. 143‑452(d); 143‑460(29); 40 C.F.R. 171.3;

Eff. February 1, 1976;

Amended Eff. June 1, 2016; November 1, 1984; August 1, 1982; October 27, 1979;

Readopted Eff. August 1, 2020.