North Carolina General Statutes > Chapter 143 > Article 52 – Pesticide Board
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Terms Used In North Carolina General Statutes > Chapter 143 > Article 52 - Pesticide Board
- active ingredient: means
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the North Carolina Pesticide Board. See North Carolina General Statutes 143-460
- Commissioner: means the North Carolina Commissioner of Agriculture. See North Carolina General Statutes 143-460
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See North Carolina General Statutes 143-460
- desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues. See North Carolina General Statutes 143-460
- device: means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or rodents or destroying, repelling, or mitigating fungi, weeds, nematodes, or such other pests as may be designated by the Board, but not including equipment used for the application of pesticides when sold separately therefrom. See North Carolina General Statutes 143-460
- Equipment: means any type of ground, water or aerial equipment, device, or contrivance using motorized, mechanical or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating or stored on or in such land, but shall not include any pressurized hand-sized household device used to apply any pesticide or any equipment, device or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application. See North Carolina General Statutes 143-460
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Fraud: Intentional deception resulting in injury to another.
- fungicide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi. See North Carolina General Statutes 143-460
- fungus: means any non-chlorophyll-bearing thallophyte (that is any non-chlorophyll-bearing plant of a lower order than mosses and liverworts), as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living man or other animals and those on or in processed food, beverages, or pharmaceuticals. See North Carolina General Statutes 143-460
- herbicide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. See North Carolina General Statutes 143-460
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- ingredient statement: means
- insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, wasps, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice. See North Carolina General Statutes 143-460
- insecticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever. See North Carolina General Statutes 143-460
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- label: means the written, printed, or graphic matter on, or attached to, the pesticide (or device) or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide (or device). See North Carolina General Statutes 143-460
- labeling: means all labels and other written, printed, or graphic matter:
- Land: means all land and water areas, including airspace, and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. See North Carolina General Statutes 143-460
- Manufacturer: includes any person engaged in the business of importing, producing, preparing, formulating, mixing, or processing pesticides. See North Carolina General Statutes 143-460
- nematicide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes. See North Carolina General Statutes 143-460
- nematode: means invertebrate animals of the phylum nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms. See North Carolina General Statutes 143-460
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: is a ny person, including (but not limited to) an individual, firm, partnership, association, company, joint-stock association, public or private institution, municipality or county or local government unit (as defined in N. See North Carolina General Statutes 143-460
- pest: means any insect, rodent, nematode, fungus, weed or any other noxious or undesirable microorganism or macroorganism, except viruses, bacteria, or other microorganisms on or in living persons or other living animals. See North Carolina General Statutes 143-460
- pesticide: means :
- Pesticide applicator: means any person who owns or operates a pesticide application business or who provides, for compensation, a service that includes the application of pesticides upon the lands or properties of another; any public operator; any golf course operator; any seed treater; any person engaged in demonstration or research pest control; and any other person who applies pesticides for compensation and is not exempt from this definition. See North Carolina General Statutes 143-460
- pesticide dealer: means any person who is engaged in the business of distributing, selling, offering for sale, or holding for sale restricted use pesticides for distribution directly to users. See North Carolina General Statutes 143-460
- plant regulator: means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. See North Carolina General Statutes 143-460
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public operator: means any person in charge of any equipment used by public utilities (as defined by General Statutes Chapter 62), State agencies, municipal corporations, or other governmental agencies applying pesticides. See North Carolina General Statutes 143-460
- registrant: means the person registering any pesticide pursuant to the provisions of this Article. See North Carolina General Statutes 143-460
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- to use any pesticide in a manner inconsistent with its labeling: means to use any pesticide in a manner not permitted by the labeling; provided that the phrase shall not include:
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- weed: means any plant or part thereof which grows where not wanted. See North Carolina General Statutes 143-460
- Wildlife: means all living things that are neither human, domesticated, nor, as defined in this Article, pests; including but not limited to mammals, birds, and aquatic life. See North Carolina General Statutes 143-460