GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 199*

Short Title:  Pesticide Law Amendments.	(Public)

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Sponsors: Senators Albertson; and Carpenter.

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Referred to:  Agriculture/Environment/Natural Resources.

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February 15, 1995

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT FARMERS FROM CONTRACTING FOR THE AERIAL APPLICATION OF PESTICIDES IN RESTRICTED AREAS AND TO LIMIT THE AMOUNT OF THE CIVIL PENALTY TO BE LEVIED BY THE PESTICIDE BOARD IN CASES WHERE THERE IS ONLY VEGETATIVE DAMAGE IN THE NONTARGET AREA.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-443(b) reads as rewritten:
"(b)	It shall be unlawful:
(1)	For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this Part or regulations promulgated hereunder, or to add any substance to, or take any substance from a pesticide in a manner that may defeat the purpose of this Part;
(2)	For any person to use for his own advantage or to reveal, other than to the Board or proper officials or employees of the State or federal government or to the courts of this State in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of G.S. 143-442.
(2a)	Repealed by Session Laws 1981, c. 592, s. 3.
(3)	For any person to use any pesticide in a manner inconsistent  with its labeling.
(4)	For any person who contracts for the aerial application of a pesticide to permit the application of any pesticide that is designated on its labeling as toxic to bees without first notifying, based on available listings, the owner or operator of any apiary registered under the North Carolina Bee and Honey Act of 1977 that is within a distance designated by the Pesticide Board as necessary and appropriate to prevent damage or injury.
(5)	For any person to distribute, sell or offer for sale any restricted use pesticide to any dealer who does not hold a valid North Carolina Pesticide Dealer License.
	(6)	For any person to contract with an aerial applicator to apply pesticides within a restricted area in violation of a rule adopted by the Board."
Sec. 2.  G.S. 143-469(b) reads as rewritten:
"(b)	A civil penalty of not more than two thousand dollars ($2,000) may be assessed by the Board against any person who:
(1)	Sells or offers for sale any unregistered pesticide in violation of G.S. 143-442;
(2)	Uses a pesticide in a manner inconsistent with its labeling;
(3)	Stores or disposes of a pesticide or pesticide container by means other than means prescribed on the labeling or regulations adopted pursuant to this Article;
(4)	Makes false or fraudulent claims about the effect of any pesticide or method of application of a pesticide;
(5)	Violates any stop sale, stop use, or removal order adopted under G.S. 143-447;
(6)	Fails to provide names and addresses of recipients of pesticides which are the subject of stop sale, stop use, or removal orders when the person is the registrant of the pesticide or has sold or distributed the pesticide;
(7)	Fails to make and keep records required by this Article, fails to make reports when required by this Article or refuses to make such records and reports available for audit or inspection by the Board or its agents;
(8)	Falsifies all or part of any application for the registration of a pesticide or the issuance or renewal of any license under this Article;
(9)	Makes false statements or provides false information in connection with any investigation conducted under this Article;
(10)	Operates as a pesticide applicator, consultant or dealer without a license;
(11)	Makes any restricted use pesticide available for use by any person other than a certified private applicator, licensed pesticide applicator, certified structural pest control applicator, or structural pest control licensee or an employee working under the direct supervision of such applicator or licensee.
(12)	Distributes, sells or offers for sale any restricted use pesticide to any dealer who does not hold a valid North Carolina Pesticide Dealer License.
In determining the amount of any penalty, the Board may consider the degree and extent of harm caused by the violation and the cost of rectifying the damage caused by the violation.  In cases where a violation occurs solely due to pesticide damage to vegetation in a nontarget area, the amount of a civil penalty may not exceed the reasonable value of the damaged vegetation unless the applicator has had a violation within the past three years."
Sec. 3.  This act becomes effective October 1, 1995, and applies to violations occurring on or after that date.