SECTION .1000 ‑ AERIAL APPLICATION OF PESTICIDES

 

02 NCAC 09L .1001          DEFINITIONS

All specific words or terms used in this Section shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143‑460, or unless the context otherwise requires, other definitions shall be:

(1)           Agricultural Aircraft Operation.  The operation of an aircraft for the purpose of dispensing any pesticide directly affecting agriculture, horticulture, forest preservation, or for any other pest control operation;

(2)           Adverse Effect.  Personal injury, damage to personal property, damage to real property, damage to the environment or any combination of these;

(3)           Aircraft.  A weight‑carrying structure for navigation of the air that is supported either by its own buoyancy or by the dynamic action of the air against its surfaces;  This shall include either fixed‑wing or rotary‑wing aircraft;

(4)           Congested Areas.  The same meaning as described in Federal Aviation Regulations (F.A.R.), Part 137;

(5)           Contractor.  Any person who owns or manages an aerial application business which is engaged in the custom application of pesticides;

(6)           Custom Application.  Any application of pesticides by aircraft for which service a payment is made;

(7)           Drift.  The airborne movement of pesticides resulting from the application of pesticides such as to carry the pesticides beyond the target area;

(8)           Emergency.  An occurrence which can impair public health, safety or result in injury, damage, or loss of life which calls for immediate action;  An emergency may be minor or of such magnitude as to create a disaster;

(9)           Environment.  Water, air, land and all plants and man and other animals living therein and the interrelationships which exist among these;

(10)         F.A.R.‑137.  Federal Aviation Regulations Volume VII, Part 137, as amended through September 10, 1980, relating to agricultural aircraft operations;

(11)         Pilot.  The person in control of the aircraft during the application of a pesticide;

(12)         Registered Apiary‑‑an apiary registered with the North Carolina Department of Agriculture;

(13)         Respirator.  A respirator or mask of a type that has been tested by the National Institute of Occupational Safety and Health and found to be satisfactory for protection against the particular pesticide being used;

(14)         Spray Equipment.  The equipment used for spraying liquid mixtures of pesticides in an agricultural aircraft operation;

(15)         Target Area.  Intended site of pesticide application;

(16)         Toxicity Category I Pesticides.  Any pesticide products which are required to display the signal word "Danger" prominently on the label.

 

History Note:        Authority G.S. 143‑458; 143‑463;

Eff. July 2, 1976;

Amended Eff. January 1, 1985.