Section .1000 ‑ Aerial Application Of Pesticides

Link to law: 02 - agriculture and consumer services/chapter 09 - food and drug protection/subchapter l/02 ncac 09l .1001.html
Published: 2015

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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


(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


(14)         Spray Equipment.  The equipment used for spraying

liquid mixtures of pesticides in an agricultural aircraft operation;

(15)         Target Area.  Intended site of pesticide


(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.