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NC Register Volume 24 Issue 19 - Office of Administrative Hearings

NC Register Volume 24 Issue 19 - Office of Administrative Hearings

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PROPOSED RULES<br />

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<br />

must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a<br />

later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published<br />

notice, the agency must publish the text <strong>of</strong> the proposed different rule and accept comment on the proposed different rule for 60<br />

days.<br />

Statutory reference: G.S. 150B-21.2.<br />

TITLE 02 – DEPARTMENT OF AGRICULTURE AND<br />

CONSUMER SERVICES<br />

Notice is hereby given in accordance with G.S. 150B-21.2 that<br />

the North Carolina Board <strong>of</strong> Agriculture intends to amend the<br />

rules cited as 02 <strong>NC</strong>AC 09B .0116.<br />

Proposed Effective Date: August 1, 2010<br />

Instructions on How to Demand a Public Hearing: (must be<br />

requested in writing within 15 days <strong>of</strong> notice): Any person may<br />

request a public hearing on the proposed rule by submitting a<br />

request in writing no later than April 16, 2010, to David S.<br />

McLeod, Secretary, <strong>NC</strong> Board <strong>of</strong> Agriculture, 1001 Mail Service<br />

Center, Raleigh, <strong>NC</strong> 27699-1001.<br />

Reason for Proposed Action: The proposed amendments<br />

would update adoptions by reference <strong>of</strong> Federal rules relating to<br />

food and drugs.<br />

Procedure by which a person can object to the agency on a<br />

proposed rule: Any person may object to the proposed rule by<br />

submitting a written statement <strong>of</strong> objection(s) to David S.<br />

McLeod, Secretary, <strong>NC</strong> Board <strong>of</strong> Agriculture, 1001 Mail Service<br />

Center, Raleigh, <strong>NC</strong> 27699-1001.<br />

Comments may be submitted to: David S. McLeod, Secretary,<br />

<strong>NC</strong> Board <strong>of</strong> Agriculture, 1001 Mail Service Center, Raleigh,<br />

<strong>NC</strong> 27699-1001; phone (9<strong>19</strong>) 733-7125 ext. 238; fax (9<strong>19</strong>) 716-<br />

0090; email david.mcleod@ncagr.gov<br />

Comment period ends: June 1, 2010<br />

Procedure for Subjecting a Proposed Rule to Legislative<br />

Review: If an objection is not resolved prior to the adoption <strong>of</strong><br />

the rule, a person may also submit written objections to the<br />

Rules Review Commission after the adoption <strong>of</strong> the Rule. If the<br />

Rules Review Commission receives written and signed<br />

objections after the adoption <strong>of</strong> the Rule in accordance with G.S.<br />

150B-21.3(b2) from 10 or more persons clearly requesting<br />

review by the legislature and the Rules Review Commission<br />

approves the rule, the rule will become effective as provided in<br />

G.S. 150B-21.3(b1). The Commission will receive written<br />

objections until 5:00 p.m. on the day following the day the<br />

Commission approves the rule. The Commission will receive<br />

those objections by mail, delivery service, hand delivery, or<br />

facsimile transmission. If you have any further questions<br />

concerning the submission <strong>of</strong> objections to the Commission,<br />

please call a Commission staff attorney at 9<strong>19</strong>-431-3000.<br />

Fiscal Impact:<br />

State<br />

Local<br />

Substantial Economic Impact (>$3,000,000)<br />

None<br />

CHAPTER 09 - FOOD AND DRUG PROTECTION<br />

DIVISION<br />

SUBCHAPTER 09B - RULES AND STANDARDS<br />

ADOPTED BY REFERE<strong>NC</strong>E<br />

02 <strong>NC</strong>AC 09B .0116 ADOPTIONS BY REFERE<strong>NC</strong>E<br />

(a) The Board incorporates by reference, including subsequent<br />

amendments and editions, "Official Methods <strong>of</strong> Analysis <strong>of</strong><br />

AOAC," published by the Association <strong>of</strong> Official Analytical<br />

Chemists. Copies <strong>of</strong> this document may be obtained from the<br />

Association <strong>of</strong> Official Analytical Chemists International,<br />

Department 0742, <strong>19</strong>70 Chain Bridge Road, McLean, VA<br />

22109-0742, at a cost <strong>of</strong> three hundred fifty-nine dollars<br />

($359.00). six hundred thirty dollars ($630.00).<br />

(b) The Board incorporates by reference, including subsequent<br />

amendments and editions, "U.S. Pharmacopeia National<br />

Formulary USP XXI-NFXVI" "U.S. Pharmacopeia National<br />

Formulary USP XXXIII-NFXXVIII" and supplements,<br />

published by the U.S. Pharmacopeial Convention, Inc. Copies<br />

<strong>of</strong> this document may be obtained from The United States<br />

Pharmacopeial Convention, Inc., Attention: Customer Service,<br />

12601 Twinbrook Parkway, Rockville, MD 20852, at a cost <strong>of</strong><br />

four hundred fifty dollars ($450.00). eight hundred dollars<br />

($800.00).<br />

(c) The Board incorporates by reference, including subsequent<br />

amendments and editions, "ASTM Standards on Engine<br />

Coolants," published by the American Society for Testing<br />

Materials. Copies <strong>of</strong> this document may be obtained from the<br />

American Society for Testing Materials, <strong>19</strong>16 Race Street,<br />

Philadelphia, PA <strong>19</strong>103, 100 Bar Harbor Drive, West<br />

Conshohocken, PA <strong>19</strong>428-2959, at a cost <strong>of</strong> seventy-two dollars<br />

($72.00). one hundred eighty-six dollars ($186.00).<br />

(d) The Board incorporates by reference, including subsequent<br />

amendments and editions, "EPA Manual <strong>of</strong> Chemical Methods<br />

for Pesticides and Devices" and supplements, published by<br />

AOAC. Copies <strong>of</strong> this document may be obtained online from<br />

the Association <strong>of</strong> Official Analytical Chemists International,<br />

Department 0742, <strong>19</strong>70 Chain Bridge Road, McLean, VA<br />

22109-0742, at a cost <strong>of</strong> one hundred forty-nine dollars<br />

($149.00). the Environmental Protection Agency National<br />

Service Center for Environmental Publications at<br />

http://nepis.epa.gov/EXE/ZyPURL.cgi?Dockey=2000YS3Y.txt.<br />

<strong>24</strong>:<strong>19</strong> NORTH CAROLINA REGISTER APRIL 1, 2010<br />

1673

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