02 NCAC 09B .0116 – Adoptions by Reference

(a) The Board incorporates by reference, including subsequent amendments and editions, "Official Methods of Analysis of AOAC," published by the Association of Official Analytical Chemists. Copies of this document may be obtained from the Association of Official Analytical Chemists International, Department 0742, 1970 Chain Bridge Road, McLean, VA 22109-0742, at a cost of seven hundred thirty dollars ($730.00).
(b) The Board incorporates by reference, including subsequent amendments and editions, "U.S. Pharmacopeia National Formulary USP XXXIII-NFXXVIII" and supplements, published by the U.S. Pharmacopeial Convention, Inc. Copies of this document may be obtained from The United States Pharmacopeial Convention, Inc., Attention: Customer Service, 12601 Twinbrook Parkway, Rockville, MD 20852, at a cost of eight-hundred fifty dollars ($850.00).
(c) The Board incorporates by reference, including subsequent amendments and editions, "ASTM Volume 15.05 Engine Coolants and Related Fluids; Halogenated Organic Solvents and Fire Extinguishing Agents," published by ASTM International. Copies of this document may be obtained from ASTM International, 100 Bar Harbor Drive, West Conshohocken, PA 19428-2959, or by visiting https://www.astm.org/BOOKSTORE/BOS/1505.htm at a cost of one hundred ninety dollars ($190.00).
(d) The Board incorporates by reference, including subsequent amendments and editions, "EPA Manual of Chemical Methods for Pesticides and Devices" and supplements, published by AOAC. Copies of this document may be obtained online at no cost from the Environmental Protection Agency National Service Center for Environmental Publications at http://nepis.epa.gov/EXE/ZyPURL.cgi?Dockey=2000YS3Y.txt.
(e) The Board incorporates by reference, including subsequent amendments and editions, "Pesticide Analytical Manual," Volumes I and II, published by the United States Department of Health and Human Services, Food and Drug Administration. Copies of this document may be obtained online at no cost at http://www.fda.gov/Food/Science Research/LaboratoryMethods/PesticideAnalysisManualPAM/default.htm.
(f) The Board incorporates by reference, including subsequent amendments and editions, "FDA Compliance Policy Guides," published by the United States Department of Health and Human Services, Food and Drug Administration. Copies of this document may be obtained online at no cost at http://www.fda.gov/iceci/compliancemanuals/compliancepolicy guidancemanual/default.htm or from the State Information Branch (HFC-151), Division of Federal-State Relations, US Food and Drug Administration, 5600 Fishers Lane, Room 12-07, Rockville, MD 20857.
(g) The Board incorporates by reference, including subsequent amendments and editions, "Bergey's Manual of Determinative Bacteriology," Lippincott, Williams & Wilkins Company, Baltimore. Copies of this document may be obtained from the Lippincott, Williams & Wilkins Company, P.O. Box 1620, Hagerstown, MD 21741 at a cost one hundred forty five dollars and ninety nine cents ($145.99).
(h) The Board incorporates by reference, including subsequent amendments and editions, "Microbiology Laboratory Guidebook," published by the United States Department of Agriculture, Food Safety and Inspection Service, Washington, DC. Copies of this document may be obtained online at no cost from http://www.fsis.usda.gov.
(i) The Board incorporates by reference, including subsequent amendments and editions, "FDA Bacteriological Analytical Manual," published by the United States Department of Health and Human Services, Food and Drug Administration. Copies of this document may be obtained online at http://www.fda.gov/Food/FoodScience Research/LaboratoryMethods/ucm114664.htm at no charge.
(j) The Board incorporates by reference, including subsequent amendments and editions, "Standard Methods for the Examination of Dairy Products," published by the American Public Health Association. Copies of this document may be obtained from the American Public Health Association Publication Sales, P.O. Box 933019, Atlanta, GA at a cost of eighty-five dollars and fifty cents ($87.50) for members and one hundred twenty-five dollars ($125.00) for non-members.
(k) The Board incorporates by reference, including subsequent amendments and editions, "Compendium of Methods for the Microbiological Examination of Foods," published by the American Public Health Association. Copies of this document may be obtained from the American Public Health Association Publication Sales, P.O. Box 933019, Atlanta, GA at a cost of one hundred forty seven dollars and fifty cents ($147.50).
(l) The Board incorporates by reference, including subsequent amendments and editions, "Bergey's Manual of Systematic Bacteriology," Springer Publishing, New York, NY. Copies of this document may be obtained from Springer Publishing, 233 Spring Street, New York, NY, 10013 at a cost of one hundred fifty-nine dollars ($159.00).
(m) The Board incorporates by reference, including subsequent amendments and editions, "Manual of Clinical Microbiology," published by the American Society for Microbiology. Copies of this document may be obtained from the American Society for Microbiology Press, PO Box 605, Herndon, VA 22070, at a cost of two hundred sixty-nine dollars and ninety-five cents ($269.95).
(n) The Board incorporates by reference, including subsequent amendments and editions, "Standard Methods for the Examination of Water and Waste Water," published by American Public Health Association, American Water Works Association, and Water Pollution Control Federation. Copies of this document may be obtained from the American Public Health Association Publication Sales, P.O. Box 933019, Atlanta, GA at a cost of two hundred ninety-five dollars ($295.00).
(o) The Board incorporates by reference, including subsequent amendments and editions, the following parts or sections of the Code of Federal Regulations, Title 21, Chapter I, as promulgated by the Commissioner of the Food and Drug Administration under the authority of the Federal Food, Drug, and Cosmetic Act:
1. (1) 1.1 General
2. (2) 1.3 Definitions
3. (3) 1.20 Presence of Mandatory Label Information
4. (4) 1.21 Failure to Reveal Material Facts
5. (5) 1.24 Exemptions from Required Label Statements
6. (6) 1.326 Who is Subject to this Subpart?
7. (7) 1.327 Who is Excluded from All or Part of the Regulations in this Subpart?
8. (8) 1.328 What Definitions Apply to this Subpart?
9. (9) 1.329 Do Other Statutory Provisions and Regulations Apply?
10. (10) 1.330 Can Existing Records Satisfy the Requirements of this Subpart?
11. (11) 1.337 What Information Must Nontransporters Establish and Maintain to I dentify the
  Nontransporter and Transporter Immediate Previous Sources of Food?
12. (12) 1.345 What Information Must Nontransporter Establish and Maintain to Identify
  the Nontransporter and Transporter Immediate Subsequent Recipients of Food?
13. (13) 1.352 What Information Must Transporters Establish and Maintain?
14. (14) 1.360 What are the Record Retention Requirements?
15. (15) 1.361 What are the Record Availability Requirements?
16. (16) 1.362 What Records are Excluded from this Subpart?
17. (17) 1.363 What are the Consequences of Failing to Establish, or Maintain Records or Make Them
  Available to FDA as Required by this Subpart?
18. (18) 1.368 What are the Compliance Dates for this Subpart?
19. (19) 2.25 Grain Seed Treated with Poisonous Substances; Color Identification to Prevent
  Adulteration of Human and Animal Food
20. (20) 2.35 Use of Secondhand Containers for the Shipment or Storage of Food and Animal Feed
21. (21) 7.1 Scope
22. (22) 7.3 Definitions
23. (23) 7.12 Guaranty
24. (24) 7.13 Suggested Forms of Guaranty
25. (25) 7.40 Recall Policy
26. (26) 7.41 Health Hazard Evaluation and Recall Classification
27. (27) 7.42 Recall Strategy
28. (28) 7.45 Food and Drug Administration - Requested Recall
29. (29) 7.46 Firm-initiated Recall
30. (30) 7.49 Recall Communications
31. (31) 7.50 Public Notification of Recall
32. (32) 7.53 Recall Status Reports
33. (33) 7.55 Termination of a Recall
34. (34) 7.59 General Industry Guidance
35. (35) 70 Color Additives
36. (36) 73 Listing of Color Additives Exempt from Certification
37. (37) 74 Listing of Color Additives Subject to Certification
38. (38) 81 General Specifications and General Restrictions for Provisional Color
  Additives for Use in Foods, Drugs, and Cosmetics
39. (39) 82 Listing of Certified Provisionally Listed Colors and Specifications
40. (40) 100 General
41. (41) 101 Food Labeling
42. (42) 102 Common or Usual Name for Nonstandardized Foods
43. (43) 104 Nutritional Quality Guidelines for Foods
44. (44) 105 Foods for Special Dietary Use
45. (45) 106 Infant Formula Requirements Pertaining to Current Good
  Manufacturing Practice, Quality Control Procedures, Quality Factors, Records and
  Reports, and Notifications
46. (46) 107 Infant Formula
47. (47) 108 Emergency Permit Control
48. (48) 109 Unavoidable Contaminants in Food for Human Consumption and Food-Packaging
  Material
49. (49) 110 Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food
50. (50) 111 Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding
  Operations for Dietary Supplements
51. (51) 112 Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human
  Consumption
52. (52) 113 Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers
53. (53) 114 Acidified Foods
54. (54) 115 Shell Eggs
55. (55) 117 Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive
  Controls for Human Food
56. (56) 118 Production, Storage, and Transportation of Shell Eggs
57. (57) 120 Hazard Analysis and Critical Control Point (HACCP) Systems
58. (58) 123 Fish and Fishery Products
59. (59) 129 Processing and Bottling of Bottled Drinking Water (Except as amended by 02 NCAC
  09C.0700 ‑ Bottled Water)
60. (60) 130 Food Standards: General
61. (61) 131 Milk and Cream
62. (62) 133 Cheeses and Related Cheese Products
63. (63) 135 Frozen Desserts
64. (64) 136 Bakery Products
65. (65) 137 Cereal Flours and Related Products
66. (66) 139 Macaroni and Noodle Products
67. (67) 145 Canned Fruits
68. (68) 146 Canned Fruit Juices
69. (69) 150 Fruit Butters, Jellies, Preserves, and Related Products
70. (70) 152 Fruit Pies
71. (71) 155 Canned Vegetables
72. (72) 156 Vegetable Juices
73. (73) 158 Frozen Vegetables
74. (74) 160 Eggs and Egg Products
75. (75) 161 Fish and Shellfish (Except Section 161.30 and 161.130 through 161.145)
76. (76) 163 Cacao Products
77. (77) 164 Tree Nut and Peanut Products
78. (78) 165 Beverages
79. (79) 166 Margarine
80. (80) 168 Sweeteners and Table Syrups
81. (81) 169 Food Dressings and Flavorings
82. (82) 170 Food Additives
83. (83) 172 Food Additives Permitted for Direct Addition to Food for Human Consumption
84. (84) 173 Secondary Direct Food Additives Permitted in Food for Human Consumption
85. (85) 174 Indirect Food Additives: General
86. (86) 175 Indirect Food Additives: Adhesives and Components of Coatings
87. (87) 176 Indirect Food Additives: Paper and Paperboard Components
88. (88) 177 Indirect Food Additives: Polymers
89. (89) 178 Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers
90. (90) 179 Irradiation in the Production, Processing and Handling of Food
91. (91) 180 Food Additives Permitted in Food or in Contact with Food on an Interim Basis
  Pending Additional Study
92. (92) 181 Prior-Sanctioned Food Ingredients
93. (93) 182 Substances Generally Recognized as Safe
94. (94) 184 Direct Food Substances Affirmed as Generally Recognized as Safe
95. (95) 186 Indirect Food Substances Affirmed as Generally Recognized as Safe
96. (96) 189 Substances Prohibited from Use in Human Food
97. (97) 190 Dietary Supplements
98. (98) 200 General
99. (99) 201 Labeling
100. (100) 202 Prescription Drug Advertising
101. (101) 210 Current Good Manufacturing Practice in Manufacturing, Processing, Packing or
  Holding of Drugs; General
102. (102) 211 Current Good Manufacturing Practice for Finished Pharmaceuticals
103. (103) 225 Current Good Manufacturing Practice for Medicated Feeds
104. (104) 226 Current Good Manufacturing Practice for Type A Medicated Articles
105. (105) 250 Special Requirements for Specific Human Drugs
106. (106) 290 Controlled Drugs
107. (107) 299 Drugs; Official Names and Established Names
108. (108) 300 General
109. (109) 310 New Drugs
110. (110) 312 Investigational New Drug Application
111. (111) 314 Applications for FDA Approval to Market New Drug
112. (112) 320 Bioavailability and Bioequivalence Requirements
113. (113) 330 Over-the-Counter (OTC) Human Drugs Which Are Generally Recognized as Safe
  and Effective and Not Misbranded
114. (114) 331 Antacid Products for Over-the-Counter (OTC) Human Use
115. (115) 332 Antiflatulent Products for Over-the-Counter Human Use
116. (116) 361 Prescription Drugs for Human Use Generally Recognized as Safe and Effective
  and NotMisbranded: Drugs Used in Research
117. (117) 369 Interpretive Statements Re: Warnings on Drugs and Devices for Over-the-Counter
  Sale
118. (118) 809 In Vitro Diagnostic Products for Human Use
119. (119) 812 Investigational Device Exemptions
120. (120) 820 Quality System Regulation
121. (121) 860 Medical Device Classification Procedures
122. (122) 861 Procedures for Performance Standards Development
123. (123) 870 Cardiovascular Devices
124. (124) 882 Neurological Devices
125. (125) 884 Obstetrical and Gynecological Devices
126. (126) 895 Banned Devices
127. (127) 500 General
128. (128) 501 Animal Food Labeling
129. (129) 502 Common or Usual Names for Nonstandardized Animal Foods
130. (130) 507 Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based
  Preventive Controls for Food for Animals
131. (131) 509 Unavoidable Contaminants in Animal Food and Food-Packaging Material
132. (132) 510 New Animal Drugs
133. (133) 511 New Animal Drugs for Investigational Use
134. (134) 514 New Animal Drug Applications
135. (135) 520 Oral Dosage Form New Animal Drugs
136. (136) 522 Implantation or Injectable Dosage Form New Animal Drugs
137. (137) 524 Ophthalmic and Topical Dosage Form New Animal Drugs
138. (138) 526 Intramammary Dosage Form New Animal Drugs
139. (139) 529 Certain Other Dosage Form New Animal Drugs
140. (140) 556 Tolerances for Residues of New Animal Drugs in Food
141. (141) 558 New Animal Drugs for Use in Animal Feeds
142. (142) 570 Food Additives
143. (143) 573 Food Additives Permitted in Feed and Drinking Water of Animals
144. (144) 582 Substances Generally Recognized as Safe
145. (145) 584 Food Substances Affirmed as Generally Recognized as Safe in Feed and Drinking
  Water of Animals
146. (146) 589 Substances Prohibited from Use in Animal Food or Feed
147. (147) 700 General
148. (148) 701 Cosmetic Labeling
149. (149) 720 Voluntary Filing of Cosmetic Product Ingredient Composition Statements
150. (150) 740 Cosmetic Product Warning Statements
  Copies of the Code of Federal Regulations may be obtained at no cost by accessing the website of the U.S. Government Printing Office at http://www.gpoaccess.gov/cfr/index.html.
Part or
Section Description of Part or Section
(p) The Board incorporates by reference, including subsequent amendments and editions, "Tolerances and Exemptions for Pesticide Chemical Residues in Food," 40 C.F.R. Part 180. Copies of the Code of Federal Regulations may be obtained at no cost by accessing the website of the U.S. Government Printing Office at http://www.gpoaccess.gov/cfr/index.html.
(q) The Board incorporates by reference, including subsequent amendments and editions, "Definitions and Standards of Identity or Composition," 9 C.F.R. Part 319. Copies of the Code of Federal Regulations may be obtained at no cost by accessing the website of the U.S. Government Printing Office at http://www.gpoaccess.gov/cfr/index.html.
(r) The Board incorporates by reference, including subsequent amendments and editions, "Definitions and Standards of Identity or Composition," 9 C.F.R. Sections 381.155 through 381.170. Copies of the Code of Federal Regulations may be obtained at no cost by accessing the website of the U.S. Government Printing Office at http://www.gpoaccess.gov/cfr/index.html.
(s) The Board incorporates by reference, including subsequent amendments and editions, "Labels: Definitions; Required Features," 9 C.F.R. Section 317.2 of the Code of Federal Regulations. Copies of Title 9 of the Code of Federal Regulations may be obtained at no cost by accessing the website of the U.S. Government Printing Office at http://www.gpoaccess.gov/cfr/index.html.
(t) The Board incorporates by reference, including subsequent amendments and editions, "Special Handling Label Requirements," 9 C.F.R. Section 381.125 of the Code of Federal Regulations. Copies of the Code of Federal Regulations may be obtained at no cost by accessing the website of the U.S. Government Printing Office at http://www.gpoaccess.gov/cfr/index.html.
(u) The Board incorporates by reference, including subsequent amendments and editions, a document entitled, "Fresh Air '2000' - A Look At FDA's Medical Gas Requirements," published by the United States Department of Health and Human Services, Food and Drug Administration. A copy of this material may be obtained at no cost from the Food and Drug Protection Division of the North Carolina Department of Agriculture and Consumer Services.
(v) The Board incorporates by reference, including subsequent amendments and editions, the definition of "dietary supplement" found at 21 USC 321(ff).
(w) The Board incorporates by reference, including subsequent amendments and editions, the definition of "processed food" found at 21 USC 321(gg).
(x) The Board incorporates by reference, including subsequent amendments and editions, the definition of "major food allergen" found at 21 USC 321(qq).
(y) The Board incorporates by reference, including subsequent amendments and editions, the definition of "knowingly" or "knew" found at 21 USC 321(bb).
(z) The Board incorporates by reference, including subsequent amendments and editions, the definition of "animal feed" found at 21 USC 321(w).

History Note: Authority G.S. 106-139; 106-245.16; 106-245.22; 106-245.32; 106-267; 106-284.41;
Eff. December 14, 1981;
Amended Eff. May 1, 2013; January 1, 2011; June 1, 2004; April 1, 2003; June 1, 1995; April 1, 1992; June 1, 1988; October 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 22, 2015;
Amended Eff. February 1, 2019; May 1, 2018.