Laws and Regulations
The North Carolina Pesticide Law of 1971, G.S. 143-434, Article 52 (See §143-434 through §143-470.1) , establishes programs of pesticide management and control under the authority of the North Carolina Pesticide Board. The purpose of the Law is to protect the health, safety, and welfare of the people of this State, and to promote a more secure, healthy and safe environment for all people of the state. This is accomplished by regulation in the public interest of the use, application, sale, disposal, and registration of pesticides.
The North Carolina Pesticide Law of 1971 requires the registration of pesticide products in the state, the licensing and certification of commercial and private applicators and pest control consultants, the proper handling, transportation, storage and disposal of pesticides, and the licensing of dealers selling restricted use pesticides. For further information, contact the Pesticide Section, NCDA&CS, at (919) 733-3556.
North Carolina Administrative Code
The governor appointed North Carolina Pesticide Board adopts regulations that govern the manner in which pesticides are sold, stored, transported, applied and disposed within the state. While the N.C. Pesticide Law of 1971 provides the broader framework for pesticide regulation, the Board adopted regulations give a more detailed picture of precisely what are and are not acceptable pesticide practices. For instance, the Law states that no person shall engage in the business of pesticide applicator unless he is licensed annually by the Board. The regulations indicate the various license categories a person might need and how to maintain the license through recertification.
The North Carolina Pesticide Board is a seven-member, governor-appointed board charged with the duty of administering the North Carolina Pesticide Law of 1971. The members represent different sectors of the regulated public. Members are appointed from the North Carolina Department of Agriculture & Consumer Services (1), The Department of the Environment and Natural Resources (1), The State Health Director or his designee and an individual representing an environmental protection agency (1), the agrochemical industry (1), the farm population (1), nongovernmental conservationist (1), and an at-large member representing the general public.
The Board adopts rules and regulations and makes policies for the programs outlined in the North Carolina Pesticide Law of 1971, Board members serve staggered four year terms. Appointments to fill vacancies in the Board are of individuals having the same credentials as the predecessor.
The North Carolina Pesticide Law of 1971 establishes a twenty-member Pesticide Advisory Committee to advise the North Carolina Pesticide Board on technical questions and on the development of rules and regulations. The Advisory Committee is composed of three practicing farmers, one conservationist (at-large), one ecologist (at-large), one pesticide industry representative, one agribusiness representative (at-large), one local health director, three members of the North Carolina State University College of Agriculture and Life Sciences, one member from the North Carolina Department of Agriculture & Consumer Services, one member from the Department of Environment and Natural Resources, the State Health Director, one representative of a public utility or railroad which uses pesticides, one member from the Board of Transportation, one member from the North Carolina Aviation Association, one member of the general public (at-large), one member actively engaging in forest pest management, and one member representing the Division of Solid Waste Management of the Department of Environment and Natural Resources. Members of the committee serve at the pleasure of the Board.
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended is the federal law which regulates the distribution, sale, and use of pesticides in the United States. FIFRA grants the states much latitude in regulating pesticides at the state level, provided state law meets or exceeds the federal requirements. (See N.C. Pesticide Law of 1971 and pursuant Regulations above.)
The Code of Federal Regulations (CFR) Title 40 - Pesticide Programs Subchapter E - Pesticides Programs provides details of the federal requirements established by the Environmental Protection Agency (EPA) under the authority of FIFRA.
Passage of the Food Quality Protection Act of 1996 (FQPA) amended FIFRA to set a new stricter standard for evaluating food-use pesticides - "reasonable certainty of no harm." EPA must combine the dietary risk from a specific pesticide with the risk from drinking water and residential exposure. Also, the cumulative risk of multiple pesticides that have a common mechanism of toxicity must be assessed. FQPA places a special emphasis on protection of infants and children.
For more information, call the Pesticide Section, NCDA&CS, (919)733-3556.