01 NCAC 41A .0102          DEFINITIONS

The following definitions apply to this Chapter:

(1)           "End‑user" means any firm which is an ultimate consumer of an allocated product other than a wholesale purchaser‑consumer.

(2)           "Wholesale purchaser‑consumer" means any firm that is an ultimate consumer and who:

(a)           is classified agricultural production and purchases more than 20,000 gallons of allocated product per year;

(b)           is classified multi‑family residence and purchases more than 50,000 gallons of allocated product per year; or

(c)           purchases more than 84,000 of allocated product per year.

(3)           "Wholesale purchaser‑reseller" means any firm which purchases, receives through transfer, or otherwise obtains (as by consignment) an allocated product and resells or otherwise transfers it to other purchasers without substantially changing its form.

(4)           "Prime supplier" is a supplier or producer who makes the first sale of any allocated product which is subject to state set‑aside into the state distribution system for consumption within the state.

(5)           "State set‑aside" is that amount of an allocated product made available from the total supply of a prime supplier for utilization by the state to resolve emergencies and hardships due to shortages.

(6)           "Base Period" shall be the 12 month period immediately preceding the months in which an applicant applies for state set‑aside product, or such other time as may be determined by the Energy Division in the event that the 12 month base period is not applicable.

(7)           "Emergency" is a situation or set of circumstances which require immediate remedial action.

(8)           "Hardship" exists when a wholesale purchaser‑consumer or end‑user is adversely affected by his inability to obtain a sufficient quantity of an allocated product.

(9)           "Energy crisis" will exist upon a finding by the Governor with the advice and consent of the Legislature, that there is an actual or impending shortage or curtailment of usable, necessary energy resources to the extent that the maintenance of necessary services; and protection of public health, safety and welfare; or the maintenance of a sound basic state economy is imperiled, as defined and authorized by G.S. 113B‑20.

(10)         "Market area" means a one mile radius around a retail sales outlet selling gasoline and diesel fuel.  [This definition may be used as a factor for determining an applicant's eligibility for state set‑aside fuel if no other retail sales outlet is within this radius to serve customers.]

(11)         "Customer/supplier relationship" will exist between an end‑user, wholesale purchaser‑consumer or wholesale purchaser‑reseller and a supplier after a business relationship has existed for a 30‑day period.

(12)         "Firm" means any association, company, corporation, estate, individual, joint‑venture, partnership, or sole proprietorship or any other entity however organized including charitable, educational, or other eleemosynary institutions, federal government, state and local governments and any other instrumentalities.

(13)         "Agricultural production" means all activities classified under the industry code numbers specified in Subparagraph (a) of this Paragraph, as set forth in the Standard Industrial Classification Manual, latest edition, except those industry code numbers listed in Subparagraph (b) of this Paragraph, which are excluded:

(a)           Activities:

(i)            All industry code numbers included in Division A, Agriculture, Forestry and Fishing, except as specified in Subparagraph (b) of this Paragraph;

(ii)           All industry code numbers included in Major Group 20 and 21, Food and Kindred Products, of Division D, Manufacturing, including grain and seed drying, except as specified in Subparagraph (b) of this Paragraph; and

(iii)          All the following other industry code numbers:

(A)          1474 Potash, Soda and Borate Minerals (Potash mining only);

(B)          1475 Phosphate Rock;

(C)          2141 Tobacco Stemming and Drying;

(D)          2411 Logging Camps and Logging Contractors;

(E)           2819 Industrial Inorganic Chemicals not elsewhere classified (dicalcium phosphate only);

(F)           2873 Nitrogenous Fertilizers;

(G)          2874 Phosphatic Fertilizers;

(H)          2875 Fertilizers, Mixing Only;

(I)            2879 Pesticides and Agricultural Chemicals not elsewhere classified;

(J)            4212 Local Trucking Without Storage (farm to market hauling and log trucking only);

(K)          4971 Irrigation Systems (for farm use; and

(L)           5462 Retail Bakeries, Baking and Selling.

(b)           Activities excluded:

(i)            All the following industry code numbers, otherwise listed under Division A, Agriculture, Forestry and Fishing, are excluded from the definition:

(A)          0181 Ornamental Floriculture and Nursery Products;

(B)          0271 Fur‑Bearing Animals and Rabbits (except rabbit farms);

(C)          0272 Horses and Other Equines;

(D)          0279 Animal Specialties not elsewhere classified (except apiaries, honey production and bee, catfish, fish, frog and trout farms which are included in the definition);

(E)           0742 Veterinary Services for Animal Specialties;

(F)           0752 Animal Specialty Services;

(G)          0781 Landscape Counseling and Planning;

(H)          0782 Lawn and Garden Services;

(I)            0783 Ornamental Shrub and Tree Services; and

(J)            0849 Gathering of Forest Products, not elsewhere classified.

(ii)           All the following industry code numbers, otherwise listed under Major Groups 20, Food and Kindred Products, of Division D, Manufacturing, are excluded from the definition;

(A)          2047 Dog, Cat and Other Pet Food;

(B)          2067 Chewing Gum;

(C)          2084 Wines, Brandy, and Brandy Spirits; and

(D)          2085 Distilled, Rectified and Blended Liquors.

(14)         "Emergency Services" means law enforcement, fire fighting and emergency medical/ambulance services.

(15)         "Energy Production" means the exploration, drilling, mining, refining, processing, production and distribution of coal, natural gas, geothermal energy, petroleum products, shale oil, nuclear fuels and electrical energy.  It also includes the construction of facilities and equipment used in energy production, such as pipelines, mining equipment and similar capital goods.

(16)         "Sanitation Services" means the collection and disposal of solid wastes, whether by public or private entities, and the maintenance, operation and repair of liquid purification and waste facilities.  Sanitation services also includes the provision of water supply services by public utilities, whether privately or publicly owned or operated.

(17)         "Telecommunication Services" means the emergency or essential installation, repair, operation and maintenance of voice, data, telegraph, video and similar communications services to the public by a communications common carrier, excluding sales and administrative activities.

(18)         "Passenger Transportation Services" means publicly and privately owned air and surface operations for transporting members of the general public, bus transportation of pupils to and from school (but not including elective extra‑curricular activities), and vanpool operations, and includes facilities necessary to support such operations.

(19)         "Truck" means a motor vehicle for transportation with a gross weight in excess of 20,000 pounds.

(20)         "Health Service Facilities" means hospitals, psychiatric facility, rehabilitation facility, long‑term care facility, kidney disease treatment center, intermediate care facility for mentally retarded, home health agency, chemical dependence treatment facility and ambulatory surgical facility.


History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Amended Eff. April 1, 1991; May 15, 1979;

Transferred from 04 NCAC 12C .0104 Eff. May 15, 2007.