GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 148

Short Title:  Private Pesticide Applicators.	(Public)

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Sponsors: Senators Jordan; and Carpenter.

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Referred to:  Agriculture/Environment/Natural Resources.

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February 7, 1995

A BILL TO BE ENTITLED
AN ACT TO REQUIRE PRIVATE APPLICATORS OF RESTRICTED USE PESTICIDES TO REPORT THEIR PESTICIDE USE AND, IN ORDER TO BE ELIGIBLE FOR RECERTIFICATION, TO COMPLETE ADDITIONAL TRAINING.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-440 reads as rewritten:
"§ 143-440.  Restricted use pesticides regulated.
(a)	The Board may, by regulation after a public hearing, adopt and from time to time revise a list of restricted use pesticides for the State or for designated areas within the State. The Board may designate any pesticide or device as a 'restricted use pesticide' upon the grounds that, in the judgment of the Board (either because of its persistence, its toxicity, or otherwise) it is so hazardous or injurious to persons, pollinating insects, animals, crops, wildlife, lands, or the environment, other than the pests it is intended to prevent, destroy, control, or mitigate that additional restriction on its sale, purpose, use or possession are required.
(b)	The Board may include in any such restricted use regulation the time and conditions of sale, distribution, or use of such restricted use pesticides, may prohibit the use of any restricted use pesticide for designated purposes or at designated times; may require the purchaser or user to certify that restricted use pesticides will be used only as labeled or as further restricted by regulation; may require the certification and recertification of private applicators and, charge a fee of up to ten dollars ($10.00), with the fee set at a level to make the certification/recertification program self-supporting, and, after opportunity for a hearing, may suspend, revoke or modify the certification for violation of any provision of this Article, or any rule or regulation adopted thereunder; and may, if it deems it necessary to carry out the provisions of this Part, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the Board and under its direct supervision in certain areas or under certain conditions or in certain quantities or concentrations except that any person licensed to sell such pesticides may purchase and possess such pesticides without a permit. The Board may require all persons issued such permits to maintain records as to the use of the restricted use pesticides. The Board may authorize the use of restricted use pesticides by persons licensed under the North Carolina Structural Pest Control Act without a permit.
(c)	Beginning January 15, 1996, and annually thereafter, all private pesticide applicators shall file a report with the Board listing all pesticides used to produce agricultural commodities during the preceding year.  This report shall specify the amounts and kinds of restricted use pesticides used and any other information the Board specifies to be included in the report.
(d)	In order to be eligible for recertification, a private pesticide applicator must complete a minimum of 10 hours of recertification training every three years."
Sec. 2.  This act is effective upon ratification and applies to private applicators of restricted use pesticides who renew their certification on or after that date.