Terms Used In North Carolina General Statutes > Chapter 106 > Article 4C - Structural Pest Control Act

• Animal: means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. See North Carolina General Statutes 106-65.24
• 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.
• Applicant for a license: means any person in charge of any individual, firm, partnership, corporation, association, or any other organization or any combination thereof, making application for a license to engage in structural pest control, control of structural pests or household pests, or fumigation operations, or any person qualified under the terms of this Article. See North Carolina General Statutes 106-65.24
• Arrest: Taking physical custody of a person by lawful authority.
• Attractants: means substances, under whatever name known, which may be toxic to insects and other pests but are used primarily to induce insects and other pests to eat poisoned baits or to enter traps. See North Carolina General Statutes 106-65.24
• Branch Office: means any office under the management of a licensee that is not a home office. See North Carolina General Statutes 106-65.24
• Certified applicator: means any individual who is certified under N. See North Carolina General Statutes 106-65.24
• Commissioner: means the Commissioner of Agriculture of the State of North Carolina. See North Carolina General Statutes 106-65.24
• Committee: means the Structural Pest Control Committee. See North Carolina General Statutes 106-65.24
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Deviation: means failure of the licensee or certified applicator or registered technician card holder to follow any rule adopted by the Committee under provisions of this Article. See North Carolina General Statutes 106-65.24
• Device: means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom. See North Carolina General Statutes 106-65.24
• Director: means the Director of the Structural Pest Control Division of the Department of Agriculture and Consumer Services. See North Carolina General Statutes 106-65.24
• Employee: means any person employed by a licensee with the exceptions of clerical, janitorial, or office maintenance employees, or those employees performing work completely disassociated with the control of insect pests, rodents or the control of wood-destroying organisms. See North Carolina General Statutes 106-65.24
• Enforcement agency: means the Structural Pest Control and Pesticides Division of the Department of Agriculture and Consumer Services. See North Carolina General Statutes 106-65.24
• 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.
• 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.
• Fumigants: means any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes or vapors and which gas or gases, fumes or vapors when liberated and when used will destroy vermin, rodents, insects, and other pests; but may be lethal, poisonous, noxious, or dangerous to human life. See North Carolina General Statutes 106-65.24
• Fungi: means wood-decaying fungi. See North Carolina General Statutes 106-65.24
• Home office: means the office identified to the enforcement agency by a licensee as his or her principal place of business. See North Carolina General Statutes 106-65.24
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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, bees, 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 sowbugs. See North Carolina General Statutes 106-65.24
• Insecticides: means substances, not fumigants, under whatever name known, used for the destruction or control of insects and similar pests. See North Carolina General Statutes 106-65.24
• 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 any of its containers or wrappers. See North Carolina General Statutes 106-65.24
• labeling: means all labels and other written, printed, or graphic matter:

  a. See North Carolina General Statutes 106-65.24

• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means any person qualified for and holding a license for any phase of structural pest control pursuant to this Article. See North Carolina General Statutes 106-65.24
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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: means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not. See North Carolina General Statutes 106-65.24
• Pest: means any living organism, including but not limited to, insects, rodents, birds, and fungi, which the Commissioner declares to be a pest. See North Carolina General Statutes 106-65.24
• Pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. See North Carolina General Statutes 106-65.24
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• Quorum: The number of legislators that must be present to do business.
• Registered technician: means any individual who is required to be registered with the Structural Pest Control and Pesticides Division under N. See North Carolina General Statutes 106-65.24
• 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.
• Repellents: means substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but are generally employed because of capacity for preventing the entrance or attack of pests. See North Carolina General Statutes 106-65.24
• Rodenticides: means substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents. See North Carolina General Statutes 106-65.24
• 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
• Structural pest control: means the control of wood-destroying organisms or household pests (including, but not limited to, animals such as moths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees, fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites, wood borers, etc. See North Carolina General Statutes 106-65.24
• Under the direct supervision of a certified applicator: means , unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. See North Carolina General Statutes 106-65.24
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3