§ 143-435. Preamble.
§ 143‑435. Preamble.
(a) The Legislative Research Commission was directed by HouseResolution 1392 of the 1969 General Assembly "to study agricultural andother pesticides," and to report its findings and recommendations to the1971 General Assembly. Pursuant to said Resolution a report was prepared andadopted by the Legislative Research Commission in 1970 concerning pesticides.In this report the Legislative Research Commission made the following findingsconcerning the use and effects of pesticides and the need for legislationconcerning control of pesticide use, of which the General Assembly hereby takescognizance:
(1) The use of chemical pesticides has developed since the1940's into a major, new billion‑dollar industry. Pesticides havebettered the lot of mankind in many ways and especially have assisted thefarmer by their contribution to a stable and inexpensive supply of high qualityfood, fiber and forest products. The control of insects, fungi and other pestsis essential to the public health and welfare and specifically to theprevention of disease, to the production and preservation of food, fiber, andforests and to the protection of other aspects of modern civilization.
(2) The use of pesticides for these important purposes iscurrently a matter of serious public concern and their use in some instancespresents risks to man and the environment which must be weighed against thebenefits of those uses in the overall public interest. Evidence is accumulatingthat extensive use of persistent pesticides poses hazards to health and theenvironment. Environmental problems resulting from the use, overuse andmisapplication of some chemicals, and the disposal of unused chemicals andcontainers, have grown to the point where contamination of the environment isapproaching significant proportions. There is concern among scientists andpublic health personnel about the long‑term chronic effects of pesticidepollution on human health. Contamination by DDT has been shown to be global inextent. Moreover, recent experience in North Carolina and elsewhere has shownthat the more toxic but less persistent pesticides cannot safely be substitutedfor the persistent "hard" pesticides without stringent safeguards.
(3) More extensive observation, study and monitoring of theeffectiveness and the use of pesticides and of undesirable side effects on manand on the environment and of their relative importance for the overall publichealth and welfare are desirable in the public interest.
(4) Continued and strengthened control of the quality ofpesticides and the control of labeling claims, direction for use and warningsare necessary for the protection of the purchasing public, including thehousehold consumer, the farmer and other users.
(5) No existing legislation in North Carolina effectively limitsor controls the use of pesticides. Misuse and misapplication of pesticides,while effectively controlled by law with respect to structural pest controloperators, is not adequately controlled with respect to some other major groupsof pesticide applicators. Careless disposal of unused pesticides andcontaminated containers is not controlled by law, and no North Carolinalegislation requires that pesticide dealers, who are the principal source ofadvice for many pesticide users, be qualified to give advice or be heldresponsible for their advice. These gaps in legal control of pesticides areimportant and should be remedied.
(b) The purpose of this Article is to regulate in the publicinterest the use, application, sale, disposal and registration of insecticides,fungicides, herbicides, defoliants, desiccants, plant growth regulators,nematicides, rodenticides, and any other pesticides designated by the NorthCarolina Pesticide Board. New pesticides are continually being discovered orsynthesized which are valuable for the control of insects, fungi, weeds,nematodes, rodents, and for use as defoliants, desiccants, plant regulators andrelated purposes. However, such pesticides may be ineffective or may seriouslyinjure health, property, or wildlife if not properly used. Pesticides mayinjure man or animals, either by direct poisoning or by gradual accumulation ofpoisons in the tissues. Crops or other plants may also be injured by theirimproper use. The drifting or washing of pesticides into streams or lakes cancause appreciable danger to aquatic life. A pesticide applied for the purposeof killing pests in a crop, which is not itself injured by the pesticide, maydrift and injure other crops or nontarget organisms with which it comes incontact. In furtherance of the findings and recommendations of the LegislativeResearch Commission, it is hereby declared to be the policy of the State ofNorth Carolina that for the protection of the health, safety, and welfare ofthe people of this State, and for the promotion of a more secure, healthy andsafe environment for all the people of the State, the future sale, use andapplication of pesticides shall be regulated, supervised and controlled by theState in the manner herein provided. (1971, c. 832, s.1.)