(1) "Animal" means all vertebrate and invertebratespecies, including but not limited to man and other mammals, birds, fish, andshellfish.
(1a) "Applicant for a certified applicator's identificationcard" means any person making application to use restricted use pesticidesin any phase of structural pest control.
(2) "Applicant for a license" means any person incharge of any individual, firm, partnership, corporation, association, or anyother organization or any combination thereof, making application for a licenseto engage in structural pest control, control of structural pests or householdpests, or fumigation operations, or any person qualified under the terms ofthis Article.
(3) "Attractants" means substances, under whatevername known, which may be toxic to insects and other pests but are usedprimarily to induce insects and other pests to eat poisoned baits or to entertraps.
(3a) Repealed by Session Laws 1989, c. 725.
(3b) "Branch Office" means any office under themanagement of a licensee that is not a home office.
(4) "Certified applicator" means any individual who iscertified under G.S. 106‑65.25 as authorized to use or supervise the useof any pesticide which is classified for restricted use.
(5) "Commissioner" means the Commissioner ofAgriculture of the State of North Carolina.
(6) "Committee" means the Structural Pest ControlCommittee.
(6a) "Deviation" means failure of the licensee orcertified applicator or registered technician card holder to follow any ruleadopted by the Committee under provisions of this Article.
(7) "Device" means any instrument or contrivance(other than a firearm) which is intended for trapping, destroying, repelling,or mitigating any pest or any other form of plant or animal life (other thanman and other than bacteria, virus, or other microorganism on or in living manor other living animals); but not including equipment used for the applicationof pesticides when sold separately therefrom.
(8) Repealed by Session Laws 1975, c. 570, s. 4.
(8a) "Director" means the Director of the StructuralPest Control Division of the Department of Agriculture and Consumer Services.
(9) "Employee" means any person employed by a licenseewith the exceptions of clerical, janitorial, or office maintenance employees,or those employees performing work completely disassociated with the control ofinsect pests, rodents or the control of wood‑destroying organisms.
(9a) "Enforcement agency" means the Structural PestControl Division of the Department of Agriculture and Consumer Services.
(10) "Fumigants" means any substance which by itself orin combination with any other substance emits or liberates a gas or gases,fumes or vapors and which gas or gases, fumes or vapors when liberated and whenused will destroy vermin, rodents, insects, and other pests; but may be lethal,poisonous, noxious, or dangerous to human life.
(11) "Fungi" means wood‑decaying fungi.
(11a) "Home office" means the office identified to theenforcement agency by a licensee as his or her principal place of business.
(12) "Insect" means any of the numerous smallinvertebrate animals generally having the body more or less obviouslysegmented, for the most part belonging to the class Insecta, comprising six‑legged,usually winged forms, as for example, beetles, bugs, bees, flies, and to otherallied classes of arthropods whose members are wingless and usually have morethan six legs, as for example, spiders, mites, ticks, centipedes, and sowbugs.
(13) "Insecticides" means substances, not fumigants,under whatever name known, used for the destruction or control of insects andsimilar pests.
(14) "Label" means the written, printed, or graphicmatter on, or attached to, the pesticide or device or any of its containers orwrappers.
(14a) The term "labeling" means all labels and otherwritten, printed, or graphic matter:
a. Upon the pesticide (or device) or any of its containers orwrappers;
b. Accompanying the pesticide (or device) at any time;
c. To which reference is made on the label or in literatureaccompanying the pesticide (or device) except when accurate nonmisleadingreference is made to current official publications of the United StatesDepartment of Agriculture or Interior, the United States Public Health Service,state experiment stations, state agricultural colleges, or other similarfederal institutions or official agencies of this State or other statesauthorized by the law to conduct research in the field of pesticides.
(15) "Licensee" means any person qualified for andholding a license for any phase of structural pest control pursuant to thisArticle.
(16) "Person" means any individual, partnership,association, corporation, or any organized group of persons whetherincorporated or not.
(17) "Pest" means any living organism, including but notlimited to, insects, rodents, birds, and fungi, which the Commissioner declaresto be a pest.
(18) "Pesticide" means any substance or mixture ofsubstances intended for preventing, destroying, repelling, or mitigating anypest.
(19) "Registered pesticide" means a pesticide which hasbeen registered by federal and/or State agency responsible for registeringpesticides.
(19a) "Registered technician" means any individual who isrequired to be registered with the Structural Pest Control Division under G.S.106‑65.31.
(20) "Repellents" means substances, not fumigants, underwhatever name known, which may be toxic to insects and related pests, but aregenerally employed because of capacity for preventing the entrance or attack ofpests.
(21) "Restricted use pesticide" means a pesticide whichhas been designated as such by the federal and/or State agency responsible forregistering pesticides.
(22) "Rodenticides" means substances, not fumigants,under whatever name known, whether poisonous or otherwise, used for thedestruction or control of rodents.
(23) "Structural pest control" means the control of wood‑destroyingorganisms or household pests (including, but not limited to, animals such asmoths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees,fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites,wood borers, etc.), including the identification of infestations or infections,the making of inspections, the use of pesticides, including insecticides,repellents, attractants, rodenticides, fungicides, and fumigants, as well asall other substances, mechanical devices or structural modifications underwhatever name known, for the purpose of preventing, controlling and eradicatinginsects, vermin, rodents and other pests in household structures, commercialbuildings, and other structures (including household structures, commercialbuildings and other structures in all stages of construction), and outsideareas, as well as all phases of fumigation, including treatment of products byvacuum fumigation, and the fumigation of railroad cars, trucks, ships, andairplanes, or any one or any combination thereof.
(24) "Under the direct supervision of a certifiedapplicator" means, unless otherwise prescribed by its labeling, apesticide shall be considered to be applied under the direct supervision of acertified applicator if it is applied by a competent person acting under theinstructions and control of a certified applicator who is available if and whenneeded, even though such certified applicator is not physically present at thetime and place the pesticide is applied. (1955, c. 1017; 1957, c. 1243, s. 2; 1967, c. 1184, ss. 2, 3; 1973, c.556, s. 2; 1975, c. 570, ss. 3, 4; 1977, c. 231, ss. 3‑5; 1989, c. 725,s. 1; 1997‑261, ss. 28, 29; 1999‑381, s. 2.)
(1) "Animal" means all vertebrate and invertebratespecies, including but not limited to man and other mammals, birds, fish, andshellfish.
(1a) "Applicant for a certified applicator's identificationcard" means any person making application to use restricted use pesticidesin any phase of structural pest control.
(2) "Applicant for a license" means any person incharge of any individual, firm, partnership, corporation, association, or anyother organization or any combination thereof, making application for a licenseto engage in structural pest control, control of structural pests or householdpests, or fumigation operations, or any person qualified under the terms ofthis Article.
(3) "Attractants" means substances, under whatevername known, which may be toxic to insects and other pests but are usedprimarily to induce insects and other pests to eat poisoned baits or to entertraps.
(3a) Repealed by Session Laws 1989, c. 725.
(3b) "Branch Office" means any office under themanagement of a licensee that is not a home office.
(4) "Certified applicator" means any individual who iscertified under G.S. 106‑65.25 as authorized to use or supervise the useof any pesticide which is classified for restricted use.
(5) "Commissioner" means the Commissioner ofAgriculture of the State of North Carolina.
(6) "Committee" means the Structural Pest ControlCommittee.
(6a) "Deviation" means failure of the licensee orcertified applicator or registered technician card holder to follow any ruleadopted by the Committee under provisions of this Article.
(7) "Device" means any instrument or contrivance(other than a firearm) which is intended for trapping, destroying, repelling,or mitigating any pest or any other form of plant or animal life (other thanman and other than bacteria, virus, or other microorganism on or in living manor other living animals); but not including equipment used for the applicationof pesticides when sold separately therefrom.
(8) Repealed by Session Laws 1975, c. 570, s. 4.
(8a) "Director" means the Director of the StructuralPest Control Division of the Department of Agriculture and Consumer Services.
(9) "Employee" means any person employed by a licenseewith the exceptions of clerical, janitorial, or office maintenance employees,or those employees performing work completely disassociated with the control ofinsect pests, rodents or the control of wood‑destroying organisms.
(9a) "Enforcement agency" means the Structural PestControl Division of the Department of Agriculture and Consumer Services.
(10) "Fumigants" means any substance which by itself orin combination with any other substance emits or liberates a gas or gases,fumes or vapors and which gas or gases, fumes or vapors when liberated and whenused will destroy vermin, rodents, insects, and other pests; but may be lethal,poisonous, noxious, or dangerous to human life.
(11) "Fungi" means wood‑decaying fungi.
(11a) "Home office" means the office identified to theenforcement agency by a licensee as his or her principal place of business.
(12) "Insect" means any of the numerous smallinvertebrate animals generally having the body more or less obviouslysegmented, for the most part belonging to the class Insecta, comprising six‑legged,usually winged forms, as for example, beetles, bugs, bees, flies, and to otherallied classes of arthropods whose members are wingless and usually have morethan six legs, as for example, spiders, mites, ticks, centipedes, and sowbugs.
(13) "Insecticides" means substances, not fumigants,under whatever name known, used for the destruction or control of insects andsimilar pests.
(14) "Label" means the written, printed, or graphicmatter on, or attached to, the pesticide or device or any of its containers orwrappers.
(14a) The term "labeling" means all labels and otherwritten, printed, or graphic matter:
a. Upon the pesticide (or device) or any of its containers orwrappers;
b. Accompanying the pesticide (or device) at any time;
c. To which reference is made on the label or in literatureaccompanying the pesticide (or device) except when accurate nonmisleadingreference is made to current official publications of the United StatesDepartment of Agriculture or Interior, the United States Public Health Service,state experiment stations, state agricultural colleges, or other similarfederal institutions or official agencies of this State or other statesauthorized by the law to conduct research in the field of pesticides.
(15) "Licensee" means any person qualified for andholding a license for any phase of structural pest control pursuant to thisArticle.
(16) "Person" means any individual, partnership,association, corporation, or any organized group of persons whetherincorporated or not.
(17) "Pest" means any living organism, including but notlimited to, insects, rodents, birds, and fungi, which the Commissioner declaresto be a pest.
(18) "Pesticide" means any substance or mixture ofsubstances intended for preventing, destroying, repelling, or mitigating anypest.
(19) "Registered pesticide" means a pesticide which hasbeen registered by federal and/or State agency responsible for registeringpesticides.
(19a) "Registered technician" means any individual who isrequired to be registered with the Structural Pest Control Division under G.S.106‑65.31.
(20) "Repellents" means substances, not fumigants, underwhatever name known, which may be toxic to insects and related pests, but aregenerally employed because of capacity for preventing the entrance or attack ofpests.
(21) "Restricted use pesticide" means a pesticide whichhas been designated as such by the federal and/or State agency responsible forregistering pesticides.
(22) "Rodenticides" means substances, not fumigants,under whatever name known, whether poisonous or otherwise, used for thedestruction or control of rodents.
(23) "Structural pest control" means the control of wood‑destroyingorganisms or household pests (including, but not limited to, animals such asmoths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees,fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites,wood borers, etc.), including the identification of infestations or infections,the making of inspections, the use of pesticides, including insecticides,repellents, attractants, rodenticides, fungicides, and fumigants, as well asall other substances, mechanical devices or structural modifications underwhatever name known, for the purpose of preventing, controlling and eradicatinginsects, vermin, rodents and other pests in household structures, commercialbuildings, and other structures (including household structures, commercialbuildings and other structures in all stages of construction), and outsideareas, as well as all phases of fumigation, including treatment of products byvacuum fumigation, and the fumigation of railroad cars, trucks, ships, andairplanes, or any one or any combination thereof.
(24) "Under the direct supervision of a certifiedapplicator" means, unless otherwise prescribed by its labeling, apesticide shall be considered to be applied under the direct supervision of acertified applicator if it is applied by a competent person acting under theinstructions and control of a certified applicator who is available if and whenneeded, even though such certified applicator is not physically present at thetime and place the pesticide is applied. (1955, c. 1017; 1957, c. 1243, s. 2; 1967, c. 1184, ss. 2, 3; 1973, c.556, s. 2; 1975, c. 570, ss. 3, 4; 1977, c. 231, ss. 3‑5; 1989, c. 725,s. 1; 1997‑261, ss. 28, 29; 1999‑381, s. 2.)
(1) "Animal" means all vertebrate and invertebratespecies, including but not limited to man and other mammals, birds, fish, andshellfish.
(1a) "Applicant for a certified applicator's identificationcard" means any person making application to use restricted use pesticidesin any phase of structural pest control.
(2) "Applicant for a license" means any person incharge of any individual, firm, partnership, corporation, association, or anyother organization or any combination thereof, making application for a licenseto engage in structural pest control, control of structural pests or householdpests, or fumigation operations, or any person qualified under the terms ofthis Article.
(3) "Attractants" means substances, under whatevername known, which may be toxic to insects and other pests but are usedprimarily to induce insects and other pests to eat poisoned baits or to entertraps.
(3a) Repealed by Session Laws 1989, c. 725.
(3b) "Branch Office" means any office under themanagement of a licensee that is not a home office.
(4) "Certified applicator" means any individual who iscertified under G.S. 106‑65.25 as authorized to use or supervise the useof any pesticide which is classified for restricted use.
(5) "Commissioner" means the Commissioner ofAgriculture of the State of North Carolina.
(6) "Committee" means the Structural Pest ControlCommittee.
(6a) "Deviation" means failure of the licensee orcertified applicator or registered technician card holder to follow any ruleadopted by the Committee under provisions of this Article.
(7) "Device" means any instrument or contrivance(other than a firearm) which is intended for trapping, destroying, repelling,or mitigating any pest or any other form of plant or animal life (other thanman and other than bacteria, virus, or other microorganism on or in living manor other living animals); but not including equipment used for the applicationof pesticides when sold separately therefrom.
(8) Repealed by Session Laws 1975, c. 570, s. 4.
(8a) "Director" means the Director of the StructuralPest Control Division of the Department of Agriculture and Consumer Services.
(9) "Employee" means any person employed by a licenseewith the exceptions of clerical, janitorial, or office maintenance employees,or those employees performing work completely disassociated with the control ofinsect pests, rodents or the control of wood‑destroying organisms.
(9a) "Enforcement agency" means the Structural PestControl Division of the Department of Agriculture and Consumer Services.
(10) "Fumigants" means any substance which by itself orin combination with any other substance emits or liberates a gas or gases,fumes or vapors and which gas or gases, fumes or vapors when liberated and whenused will destroy vermin, rodents, insects, and other pests; but may be lethal,poisonous, noxious, or dangerous to human life.
(11) "Fungi" means wood‑decaying fungi.
(11a) "Home office" means the office identified to theenforcement agency by a licensee as his or her principal place of business.
(12) "Insect" means any of the numerous smallinvertebrate animals generally having the body more or less obviouslysegmented, for the most part belonging to the class Insecta, comprising six‑legged,usually winged forms, as for example, beetles, bugs, bees, flies, and to otherallied classes of arthropods whose members are wingless and usually have morethan six legs, as for example, spiders, mites, ticks, centipedes, and sowbugs.
(13) "Insecticides" means substances, not fumigants,under whatever name known, used for the destruction or control of insects andsimilar pests.
(14) "Label" means the written, printed, or graphicmatter on, or attached to, the pesticide or device or any of its containers orwrappers.
(14a) The term "labeling" means all labels and otherwritten, printed, or graphic matter:
a. Upon the pesticide (or device) or any of its containers orwrappers;
b. Accompanying the pesticide (or device) at any time;
c. To which reference is made on the label or in literatureaccompanying the pesticide (or device) except when accurate nonmisleadingreference is made to current official publications of the United StatesDepartment of Agriculture or Interior, the United States Public Health Service,state experiment stations, state agricultural colleges, or other similarfederal institutions or official agencies of this State or other statesauthorized by the law to conduct research in the field of pesticides.
(15) "Licensee" means any person qualified for andholding a license for any phase of structural pest control pursuant to thisArticle.
(16) "Person" means any individual, partnership,association, corporation, or any organized group of persons whetherincorporated or not.
(17) "Pest" means any living organism, including but notlimited to, insects, rodents, birds, and fungi, which the Commissioner declaresto be a pest.
(18) "Pesticide" means any substance or mixture ofsubstances intended for preventing, destroying, repelling, or mitigating anypest.
(19) "Registered pesticide" means a pesticide which hasbeen registered by federal and/or State agency responsible for registeringpesticides.
(19a) "Registered technician" means any individual who isrequired to be registered with the Structural Pest Control Division under G.S.106‑65.31.
(20) "Repellents" means substances, not fumigants, underwhatever name known, which may be toxic to insects and related pests, but aregenerally employed because of capacity for preventing the entrance or attack ofpests.
(21) "Restricted use pesticide" means a pesticide whichhas been designated as such by the federal and/or State agency responsible forregistering pesticides.
(22) "Rodenticides" means substances, not fumigants,under whatever name known, whether poisonous or otherwise, used for thedestruction or control of rodents.
(23) "Structural pest control" means the control of wood‑destroyingorganisms or household pests (including, but not limited to, animals such asmoths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees,fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites,wood borers, etc.), including the identification of infestations or infections,the making of inspections, the use of pesticides, including insecticides,repellents, attractants, rodenticides, fungicides, and fumigants, as well asall other substances, mechanical devices or structural modifications underwhatever name known, for the purpose of preventing, controlling and eradicatinginsects, vermin, rodents and other pests in household structures, commercialbuildings, and other structures (including household structures, commercialbuildings and other structures in all stages of construction), and outsideareas, as well as all phases of fumigation, including treatment of products byvacuum fumigation, and the fumigation of railroad cars, trucks, ships, andairplanes, or any one or any combination thereof.
(24) "Under the direct supervision of a certifiedapplicator" means, unless otherwise prescribed by its labeling, apesticide shall be considered to be applied under the direct supervision of acertified applicator if it is applied by a competent person acting under theinstructions and control of a certified applicator who is available if and whenneeded, even though such certified applicator is not physically present at thetime and place the pesticide is applied. (1955, c. 1017; 1957, c. 1243, s. 2; 1967, c. 1184, ss. 2, 3; 1973, c.556, s. 2; 1975, c. 570, ss. 3, 4; 1977, c. 231, ss. 3‑5; 1989, c. 725,s. 1; 1997‑261, ss. 28, 29; 1999‑381, s. 2.)
