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.