EXCUTIVE ORDERS <strong>24</strong>:<strong>19</strong> NORTH CAROLINA REGISTER APRIL 1, 2010 1672
PROPOSED RULES Note from the Codifier: The notices published in this Section <strong>of</strong> the <strong>NC</strong> <strong>Register</strong> include the text <strong>of</strong> proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text <strong>of</strong> the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2. TITLE 02 – DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board <strong>of</strong> Agriculture intends to amend the rules cited as 02 <strong>NC</strong>AC 09B .0116. Proposed Effective Date: August 1, 2010 Instructions on How to Demand a Public Hearing: (must be requested in writing within 15 days <strong>of</strong> notice): Any person may request a public hearing on the proposed rule by submitting a request in writing no later than April 16, 2010, to David S. McLeod, Secretary, <strong>NC</strong> Board <strong>of</strong> Agriculture, 1001 Mail Service Center, Raleigh, <strong>NC</strong> 27699-1001. Reason for Proposed Action: The proposed amendments would update adoptions by reference <strong>of</strong> Federal rules relating to food and drugs. Procedure by which a person can object to the agency on a proposed rule: Any person may object to the proposed rule by submitting a written statement <strong>of</strong> objection(s) to David S. McLeod, Secretary, <strong>NC</strong> Board <strong>of</strong> Agriculture, 1001 Mail Service Center, Raleigh, <strong>NC</strong> 27699-1001. Comments may be submitted to: David S. McLeod, Secretary, <strong>NC</strong> Board <strong>of</strong> Agriculture, 1001 Mail Service Center, Raleigh, <strong>NC</strong> 27699-1001; phone (9<strong>19</strong>) 733-7125 ext. 238; fax (9<strong>19</strong>) 716- 0090; email david.mcleod@ncagr.gov Comment period ends: June 1, 2010 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption <strong>of</strong> the rule, a person may also submit written objections to the Rules Review Commission after the adoption <strong>of</strong> the Rule. If the Rules Review Commission receives written and signed objections after the adoption <strong>of</strong> the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission <strong>of</strong> objections to the Commission, please call a Commission staff attorney at 9<strong>19</strong>-431-3000. Fiscal Impact: State Local Substantial Economic Impact (>$3,000,000) None CHAPTER 09 - FOOD AND DRUG PROTECTION DIVISION SUBCHAPTER 09B - RULES AND STANDARDS ADOPTED BY REFERE<strong>NC</strong>E 02 <strong>NC</strong>AC 09B .0116 ADOPTIONS BY REFERE<strong>NC</strong>E (a) The Board incorporates by reference, including subsequent amendments and editions, "Official Methods <strong>of</strong> Analysis <strong>of</strong> AOAC," published by the Association <strong>of</strong> Official Analytical Chemists. Copies <strong>of</strong> this document may be obtained from the Association <strong>of</strong> Official Analytical Chemists International, Department 0742, <strong>19</strong>70 Chain Bridge Road, McLean, VA 22109-0742, at a cost <strong>of</strong> three hundred fifty-nine dollars ($359.00). six hundred thirty dollars ($630.00). (b) The Board incorporates by reference, including subsequent amendments and editions, "U.S. Pharmacopeia National Formulary USP XXI-NFXVI" "U.S. Pharmacopeia National Formulary USP XXXIII-NFXXVIII" and supplements, published by the U.S. Pharmacopeial Convention, Inc. Copies <strong>of</strong> this document may be obtained from The United States Pharmacopeial Convention, Inc., Attention: Customer Service, 12601 Twinbrook Parkway, Rockville, MD 20852, at a cost <strong>of</strong> four hundred fifty dollars ($450.00). eight hundred dollars ($800.00). (c) The Board incorporates by reference, including subsequent amendments and editions, "ASTM Standards on Engine Coolants," published by the American Society for Testing Materials. Copies <strong>of</strong> this document may be obtained from the American Society for Testing Materials, <strong>19</strong>16 Race Street, Philadelphia, PA <strong>19</strong>103, 100 Bar Harbor Drive, West Conshohocken, PA <strong>19</strong>428-2959, at a cost <strong>of</strong> seventy-two dollars ($72.00). one hundred eighty-six dollars ($186.00). (d) The Board incorporates by reference, including subsequent amendments and editions, "EPA Manual <strong>of</strong> Chemical Methods for Pesticides and Devices" and supplements, published by AOAC. Copies <strong>of</strong> this document may be obtained online from the Association <strong>of</strong> Official Analytical Chemists International, Department 0742, <strong>19</strong>70 Chain Bridge Road, McLean, VA 22109-0742, at a cost <strong>of</strong> one hundred forty-nine dollars ($149.00). the Environmental Protection Agency National Service Center for Environmental Publications at http://nepis.epa.gov/EXE/ZyPURL.cgi?Dockey=2000YS3Y.txt. <strong>24</strong>:<strong>19</strong> NORTH CAROLINA REGISTER APRIL 1, 2010 1673