02 NCAC 34 .0502             PESTICIDES FOR SUBTERRANEAN TERMITE PREVENTION AND/OR CONTROL

(a)  Only those products which bear an EPA‑approved label for such use and for which the Committee has received the following information from the Pesticide Registrant or Manufacturer shall be used for subterranean termite control:

(1)           A written statement from the pesticide registrant that the termiticide is intended either for use:

(A)          as a supplement to or in combination with other treatment(s); or

(B)          by itself, as the sole source of termite control; and

(2)           For termiticides under Part (a)(1)(B) of this Rule:

(A)          data to support all efficacy claims made on the label, labeling, and any promotional materials distributed by the registrant or manufacturer; and

(B)          if the Committee approves a termiticide under Part (a)(1)(B) and the Directions for Use differ from the requirements of Rules .0503, .0505, or .0506 of this Section, the Committee may determine that treatments with those termiticides are exempt from all or part of the requirements of Rules .0503(a)(4) and (6) through (11), .0505, or .0506 of this Section, provided that the product is labeled for protection of the entire structure and the licensee provides a warranty for the control of subterranean termites on the entire structure.

(b)  Only those products approved by the Committee based on the data submitted pursuant to Subparagraph (a)(2) of this Rule shall be used for the prevention or control of subterranean termites as the sole source of termite control or prevention. The Committee shall approve the product if the data submitted supports the efficacy claims.

(c)  Termiticides intended for use as a supplement to or in combination with other termiticides shall not be used alone without first disclosing the registrants' recommendations to the property owner or agent.

(d)  A list of approved termiticides may be obtained by writing the North Carolina Department of Agriculture and Consumer Services, Structural Pest Control and Pesticides Division, 1090 Mail Service Center, Raleigh, NC 27699-1090, or by calling (919) 733‑6100. The list can also be obtained online at https://www.ncagr.gov/SPCAP/structural/publications.htm.

History Note:        Authority G.S. 106‑65.29;

Eff. July 1, 1976;

Readopted Eff. November 22, 1977;

Amended Eff. January 1, 2017; July 18, 2002; July 1, 1998; August 1, 1980;

Readopted Eff. June 1, 2020.