Section .0100 ‑ Rules And Regulations Adopted By Reference

Link to law: http://reports.oah.state.nc.us/ncac/title 02 - agriculture and consumer services/chapter 48 - plant industry/subchapter a/subchapter a rules.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
CHAPTER 48 ‑ PLANT INDUSTRY

 

SUBCHAPTER 48A ‑ PLANT PROTECTION

 

 

SECTION .0100 ‑ RULES AND REGULATIONS ADOPTED BY

REFERENCE

 

 

02 NCAC 48A .0101          PESTICIDE USAGE: NORTH CAROLINA STATE

UNIVERSITY

The Plant Industry Division, (PID), North Carolina

Department of Agriculture (NCDA) adopts by reference the "North Carolina

Agricultural Chemicals Manual" as published by North Carolina State

University, Division of Continuing Education, Raleigh, North Carolina and

effective January, 1976, as revised January, 1984.  The Manual is available

from North Carolina State University.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

02 NCAC 48A .0102          PESTICIDE USAGE:

ENVIRONMENTAL PROTECTION AGENCY

The PID of the NCDA adopts by reference the "Compendium

of Registered Pesticides" as published by the Environmental Protection

Agency and effective August 15, 1972.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0103          FEDERAL PLANT PEST QUARANTINES AND

LAWS

The PID of the NCDA adopts by reference the

"Quarantines and Basic Laws Manual" as published by the United States

Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection

and Quarantine Programs (USDA‑APHIS‑PPQ) and effective May 31,

1965.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0104          APPROVED PESTICIDE TREATMENTS

The PID of the NCDA adopts by reference the "Treatment

Procedures Manuals" as published by the USDA‑APHIS‑PPQ and

revised December 5, 1969.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0105          CONTROL PROCEDURES FOR PLANT PESTS

The PID of the NCDA adopts by reference the "Control

Manual" as published by the USDA‑APHIS‑PPQ as revised August,

1982.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0106          REGULATORY PROCEDURES

The PID of the NCDA adopts by reference the "Regulatory

Guidelines" as published by the USDA‑APHIS‑PPQ and revised

August, 1979.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0107          SURVEY PROCEDURES FOR PLANT PESTS

The PID of the NCDA adopts by reference the "Domestic

Survey Manuals No. 1 and No. 2" as published by the USDA‑APHIS‑PPQ

as revised May, 1968 and February, 1967 respectively.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0108          PLANT PEST LAWS AND REGULATIONS IN

OTHER STATES

The PID of the NCDA adopts by reference the "Summary of

State Regulations" as published by the USDA‑APHIS‑PPQ as

revised January 2, 1976.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0109          MOVEMENT OF REGULATED COMMODITIES

The PID of the NCDA adopts by reference the "Regulatory

Shipping Points Guide" as published by the USDA‑APHIS‑PPQ and

effective April 18, 1973, as revised October, 1982.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0110          IMPORT REQUIREMENTS OF OTHER COUNTRIES

The PID of the NCDA adopts by reference the "Export

Certification Manual" as published by the USDA‑APHIS‑PPQ and

effective October, 1975, as revised July 22, 1983.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0111          DOMESTIC PROGRAM MANUALS

The PID of the NCDA adopts by reference the "Domestic

Program Manuals" as published by the USDA‑APHIS‑PPQ and

effective January, 1981.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0112          AVAILABILITY OF REFERENCES ADOPTED

The USDA documents and manuals adopted by reference in this

Section are available from USDA‑APHIS‑PPQ, 6505 Belcrest Road

Hyattsville, Maryland 20782.

 

History Note:        Authority G.S. 150B‑14; 106‑65.45;

106‑65.46; 106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .0200 ‑ HONEY AND BEE INDUSTRY

 

02 NCAC 48A .0201          Definitions

02 Ncac 48A .0202          protection from and abatementof bee

diseases

02 ncac 48a .0203          inspections

02 ncac 48a .0204          the inspection process

02 ncac 48a .0205          interstate shipment

02 ncac 48a .0206          the transportation of bees

02 ncac 48a .0207          requirements for issuance of permit

02 ncac 48a .0208          location of bees

02 ncac 48A .0209          inspection of nuclei and queen

breeding apiaries

02 ncac 48a .0210          health certificates

02 ncac 48a .0211          Compliance agreement    

 

History Note:        Authority G.S. 106-634 through 106-644;

Eff. January 1, 1985;

Amended Eff. July 1, 1998; June 1, 1993; December 1,

1988; October 1, 1987; April 1, 1985;

Repealed Eff. January 1, 2011.

 

02 NCAC 48A .0212          COLONIES OF BEES FOR SALE IN NORTH

CAROLINA

 

History Note:        Authority G.S. 106‑634 through 106‑644;

Eff. January 1, 1985;

Repealed Eff. June 1, 1993.

 

 

 

02 ncac 48a .0213          exposure of diseased materials

02 ncac 48a .0214          infested apiary material liable to

destruction

02 ncac 48a .0215          destruction of bees; apiary products

or equipment

02 ncac 48a .0216          fumigation or sterilization of apiary

equipment

02 ncac 48a .0217          fumigation by private practitioner

02 ncac 48a .0218          clean up areas

02 ncac 48a .0219          diseased apiaries quarantined

02 ncac 48a .0220          out of state areas may be quarantined

02 ncac 48a .0221          diseases and disorders of special

concern

02 Ncac 48A .0222          certification of pollination

conditions

02 ncac 48a .0223          abandoned bees or bee equipment

 

History Note:        Authority G.S. 106-634 through 106-644;

Eff. January 1, 1985;

Amended Eff. July 1, 1998; June 1, 1993; December 1,

1988; April 1, 1985;

Repealed Eff. January 1, 2011.

 

02 NCAC 48A .0224          POISONING OF HONEYBEES BY PESTICIDES

 

History Note:        Authority G.S. 106‑634 through 106‑644;

Eff. January 1, 1985;

Repealed Eff. June 1, 1993.

 

 

 

02 ncac 48a .0225          registration of honeybee colonies

02 ncac 48a .0226          forms

02 ncac 48a .0227          form bs-1

02 ncac 48a .0228          location of forms

02 ncac 48a .0229          form bs-2

02 ncac 48a .0230          form bs-3

02 ncac 48a .0231          form bs-4

02 ncac 48a .0232          Form bs-5

02 ncac 48a .0233          Form bs-6

02 Ncac 48A .0234          Form Bs-7

02 ncac 48a .0235          Form bs-8

02 ncac 48a .0236          Form bs-9

02 ncac 48a .0237          form bs-10

 

History Note:        Authority G.S. 106-634 through 106-644;

Eff. January 1, 1985;

Repealed Eff. January 1, 2011.

 

02 ncac 48a .0238          africanized bee/varroa mite clean up

area

 

History Note:        Authority G.S. 106-634 through 106-644;

Eff. December 1, 1988;

Repealed Eff. January 1, 2011.

 

02 ncac 48a .0239          permit to sell bees

02 ncac 48a .0240          form BS-11

02 ncac 48a .0241          form Bs-12

 

History Note:        Authority G.S. 106-638;;

Eff. May 1, 1992;

Repealed Eff. January 1, 2011.

 

02 Ncac 48a .0242          definitions

For the purpose of this Section:

(1)           Compliance Agreement means an agreement between the

State Apiarist and a beekeeper wherein the beekeeper agrees to follow the

practices and procedures set forth in 02 NCAC 48A .0248 and 02 NCAC 48A .0252

as a prerequisite for authorization to ship bees or apiary equipment into or

within North Carolina.

(2)           Inspector means a person designated by the

Commissioner to be responsible for performing inspections, services and

enforcing the bee and honey statutes and rules of North Carolina.

(3)           Nuclei means colonies of honeybees on one to four

brood combs, usually with queen, eggs and developing bees, in a hive or box

suitable for shipping or mailing.

(4)           Package Bee Producer means a beekeeper who is in

the business of producing worker bees for sale and shipment without comb or

honey in screened cages or packages suitable for shipping or mailing.

(5)           Queen Breeder means a beekeeper who is in the

business of producing queen bees for sale and shipment without comb or honey in

cages suitable for shipping or mailing.

(6)           State Apiarist means the person designated by the

Commissioner to be responsible for administering and enforcing the North

Carolina bee and honey statutes and rules.

(7)           Uniform Health Certificate means a Uniform Health

Certificate agreed on by several states.

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0243          inspections

(a)  Apiary inspectors shall inspect bees at the request of

a beekeeper on a first-come, first-serve basis compatible with the weather and

the schedule of the inspector.

(b)  Apiary inspectors shall conduct random survey

inspections to evaluate bee disease conditions in North Carolina and other

inspections as called for in the rules in this Section.

(c)  Apiary inspectors shall inspect for diseases by

sampling and submission of the sample for laboratory diagnosis.

(d)  To the extent of available resources, laboratory

diagnosis of bee diseases shall be made on samples sent in to the State

Apiarist by beekeepers.

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0244          The inspection process

(a)  Apiary inspectors shall inspect colonies of bees by

opening the hive and observing the brood (eggs, larvae and developing bees) and

adult bees.  Diagnosis of the common bee diseases shall be made based on

characters listed in Table 1, "Agricultural Extension Beekeeping Note No.

2.01," January 2007, published by North Carolina State University's

Cooperative Extension Service, including subsequent amendments and editions.  A

copy of this document is available for inspection at the North Carolina

Department of Agriculture and Consumer Services, Plant Industry Division office

located at 216 West Jones Street, Raleigh, NC 27603.  It may also be obtained

online at http://www.cals.ncsu.edu/entomology/apiculture/PDF%20files/2.01.pdf.

(b)  If the beekeeper desires a confirmation of a diagnosis

given by an inspector, the apiary inspector shall send a sample of the disease

to the Apicultural Laboratory, N.C. State University or the United States

Department of Agriculture Bioenvironmental Laboratory, Beltsville, Maryland,

for a laboratory diagnosis.

(c)  Destruction of a beehive shall be performed in

accordance with Rule .0254.

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0245          Interstate shipment

(a)  Apiary inspectors shall inspect North Carolina bees

within 14 calendar days of a beekeeper's requesting such an inspection at a

time of year when there is brood rearing activity in a majority of the colonies

as a prerequisite for interstate shipment of bees.

(b)  Apiary inspectors shall issue health certificates in

accordance with the provisions of the rules in this Section.

(c)  The State Apiarist shall charge the additional costs of

making inspections when the beekeeper requests inspection within a specified

time of less than 14 calendar days for his own convenience and there is not

adequate time for normal routine scheduling of the inspection, pursuant to Paragraph

(a) of this Rule.

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0246          the transportation of bees

The transportation or importation into North Carolina from

any other state or country of bees of the superfamily Apoidea in any stage of

development, the causal agents of their diseases or disorders, their pests,

their products, nests or hives, and associated equipment are prohibited except

under the following conditions:

(1)           All bees of the superfamily Apoidea except Apis

mellifera and cross bred strains of Apis mellifera with other

species of Apis that are naturalized in the United States shall be

allowed entry into North Carolina only by scientific permit.  Procedures for

obtaining a scientific permit are:

(a)           An application for a permit to move

regulated articles shall be obtained from:

State Apiarist

Plant Industry Division

North Carolina Department of

Agriculture and Consumer Services

1060 Mail Service Center

Raleigh, NC  27699-1060

This application shall be returned

to the State Apiarist for processing;

(b)           Decisions of acceptance or rejection of

applications for movement of regulated articles for scientific purposes shall

be based on the following criteria:

(i)            pest disease risk hazard;

(ii)           safeguards against spread which can be

applied;

(iii)          amount of material involved;

(iv)          biological conditions in the area in which

the regulated article is to be moved;

(v)           method of packaging and method of shipment

to be employed; and

(vi)          use for which the regulated articles are to

be applied.

(2)           Bees of the species, Apis mellifera cross

bred with other species of Apis that are naturalized in the United States and their equipment and products are allowed entry into North Carolina under the

following conditions:

(a)           Live adult bees in cages, without combs or

foundation provisioned with "candy" or "syrup" made from

sugar and boiled honey possessing a valid certificate of inspection shall be

admitted when not from an area under quarantine;

(b)           Bees on combs or foundation, nuclei, used

hives, used combs and other used apiary equipment of any kind are allowed when

issued a permit according to the provisions of the rules in this section;

(c)           New or unused apiary equipment and products

packed for nonbee consumption may be transported into North Carolina without

restriction;

(d)           Pollen shipped for bee food may be

transported into North Carolina when an individual authorized by the law of the

state of origin to inspect and certify pollen as free of bee disease has made

such a determination;

(e)           Nuclei of commercial beekeepers or a

beekeeper who is not in the business of raising queens, package bees or nuclei

for sale are allowed when issued a permit according to the provisions of the rules

in this Section;

(f)            Nuclei of queen breeders, package bee

producers or nuclei producers must be accompanied by a valid certificate of

apiary inspection issued by an official of the state of origin and marked with

the North Carolina compliance agreement number.  A compliance agreement may be

made between the State Apiarist and those rearing bees in other states for sale

as nuclei providing the shipper agrees to the conditions in the compliance

agreement; and

(g)           The transportation into North Carolina from

any other state or country of bees on combs, used hive bodies, frames, combs

and other apiary equipment is allowed into North Carolina when each shipment is

accompanied by a valid permit issued by the State Apiarist.

(3)           Bees may be transported through North Carolina in

interstate commerce to a destination outside North Carolina only under the

following conditions:

(a)           Hives must be securely covered at all times;

(b)           Transporting vehicles must keep the bees

enclosed in a refrigerated containment vehicle that maintains the bees at a

constant temperature below 45 degrees Fahrenheit;

(c)           Transporting vehicles must travel on and

remain within one mile of an interstate highway; and

(d)           The vehicle operator or other responsible

person must report to the North Carolina Department of Agriculture and Consumer

Services any accidental or intentional release of bees.

(4)           Bees may be transported freely within North

Carolina except as restricted by quarantine, clean-up areas, or other rules in

this Section.

(5)           Any colony or colonies of bees or used apiary

equipment of any kind found to be moving or to have been moved into North

Carolina in violation of the requirements of this Section is subject to confiscation

destruction or such other disposition as shall be determined by the State

Apiarist, or other authorized inspector.

 

History Note:        Authority G.S. 106-638;

Eff. February 1, 2011.

 

02 Ncac 48a .0247          Requirements for issuance of permit

(a)  No permits for entry into North Carolina shall be

issued until the following information has been filed with the State Apiarist:

(1)           A valid certificate of apiary inspection

from  an official of the state of origin, who is authorized by the state of

origin, to conduct apiary inspections and equipment to the effect that said

bees and equipment have been inspected within sixty days of the proposed date

of entry into North Carolina and found apparently free from contagious and

infectious diseases, and giving the number of colonies inspected, date of

inspection, whether all of the bees owned by the owner of said bees were

inspected and included in the certificate. Certificates not meeting the requirements

of this Section regarding specific diseases inspected for and thoroughness of

inspection may be rejected;

(2)           A statement from the owner of the bees and

equipment giving the number of colonies of bees and amount of equipment to be

brought into North Carolina , the proposed date of entry into the state, and

where the bees and equipment will be located in the state; and

(3)           Permission from the owner of said bees for North Carolina inspectors to inspect at any time the bees and equipment while in North Carolina.

(b)  A permit shall be granted for used beekeeping equipment

without bees if:

(1)           The State Apiarist has received a statement

from an official of the state of origin, who is authorized by the state of

origin, to conduct apiary inspections that the bees on which the equipment was

last used have been inspected and found free of American foulbrood or other

dangerous diseases;

(2)           The equipment has been fumigated or

otherwise sterilized in such a manner that in the opinion of the State Apiarist

the equipment is free of infectious American foulbrood or other dangerous disease.

(c)  The State Apiarist may require specified marking or

other identification of used beekeeping equipment to avoid that equipment being

comingled with new equipment as a prerequisite for granting a permit.

(d)  The State Apiarist may require treatments or

fumigations for diseases and disorders of special concern as identified in this

section as a prerequisite for granting a permit from areas under quarantine.

(e)  The proposed location of imported bees and bee

equipment in North Carolina shall be approved by the State Apiarist in advance

of issuance of a permit.  In determining whether a proposed location will be

approved, the State Apiarist shall consider the following criteria in determining

whether the requested movement of bees or equipment could create or lead to

overcrowding of bees or other detrimental conditions at the proposed site:

(1)           The bee population or density in the

proposed entry area and proximity to other bees with respect to creation of

conditions favoring honeybee stress diseases or increased disease or pest

spread hazard;

(2)           The number of colonies for which the entry

permit is requested;

(3)           The adequacy of the honey pasture in the

proposed entry area;

(4)           The effect on incorporated cities in North Carolina or any local bee ordinance;

(5)           The effect on honeybee research being

conducted in North Carolina;

(6)           The effect on honeybee disease quarantine

or clean-up areas in North Carolina;

(7)           Any previous locations or enforcement

histories in North Carolina;

(8)           Any unusual or mitigating circumstances;

and

(9)           The timing of the request.

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0248          Location of bees

(a)  The statement as specified in 02 NCAC 48A .0247(e)

regarding where bees are to be located in North Carolina must be in sufficient

detail to enable location of the bees.

(b)  Honeybees requiring an entry permit which are moved

into North Carolina from other states or countries shall be placed under

postentry quarantine for a period of one year after entry.  These bees shall

not be moved from the initial location to other locations in North Carolina

while under quarantine. 

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0249          Inspection of nuclei and queen

breeding apiaries

(a)  No one shall sell queen bees, package bees or nuclei in

North Carolina without having the bees from which the above are produced,

inspected and found apparently disease free by the State Apiarist.

(b)  All nuclei, package bees and queen bees produced in North Carolina must have a North Carolina health certificate attached to each shipment from

the producer’s apiary.  The health certificate shall be issued in accordance

with the rules in this Section.

(c)  Beekeepers shall not sell nuclei, package bees or

queens produced in other states from North Carolina locations without having a

North Carolina health certificate on all the bees they own in North Carolina

issued in accordance with the rules in this Section.

(d)  If the inspector has reason to believe that bees or

equipment offered for sale are symptomless carriers of any disease or disorder

listed in the rules in this Section he shall forbid movement or sale of the

bees and equipment. 

(e)  A protective quarantine area of a two-mile radius shall

exist around the production apiaries of nuclei, queen bee or package bee

producers in North Carolina who are in compliance with this Section.  No one

shall move bees into the quarantined area without a health certificate issued

by the State Apiarist based on an inspection within 30 days prior to movement.

(f)  All persons who sell, ship, or deliver queen bees,

package bees or nuclei in North Carolina must keep records of their

acquisitions, sales, shipments or deliveries.  These records must show contents

of shipments; where sold, shipped, or delivered; to whom sold, shipped or

delivered; and the date sold, shipped or delivered.  These records must be kept

for three years after the transaction and must be made available to any North

Carolina Department of Agriculture apiary inspector on request.  All persons

who sell, ship, or deliver either queen bees, package bees, or nuclei in North Carolina must obtain a permit from the Plant Industry Division of the North Carolina

Department of Agriculture and Consumer Services. 

 

History Note:        Authority G.S. 106-638; 106-639;

Eff. January 1, 2011.

 

02 Ncac 48a .0250          Health Certificates

The State Apiarist shall grant health certificates as

follows:

(1)           For queen breeders, package bee shippers, and

nuclei producers in North Carolina:

(a)           The beekeeper shall have an inspector

inspect all of the bees owned or operated by the beekeeper at least one time a

year at a time the bees are actively rearing brood;

(b)           All frames of brood shall be inspected in

each hive;

(c)           If no disease is found, the State Apiarist

shall issue a North Carolina health certificate dated to expire 12 months after

issuance;

(d)           If disease is found the disease shall be

suppressed by destruction of hives or eradicated by fumigation;

(e)           The inspector must wait 30 days after the

disease has been eradicated or suppressed before performing a re-inspection of

remaining hives for health certification purposes; and

(2)           For certification of bees to be moved from North Carolina:

(a)           The inspector shall inspect the bees

according to the entry requirements of the destination state or country;

(b)           A uniform health certificate shall be issued

if the disease freedom requirements of the destination state are met;

(c)           The State Apiarist may make any additional

declarations for which he has supporting data when such declarations are

required by the destination state; and

(d)           The inspector may mark or stamp hives that

are disease-free if such is required by the destination state.

 

History Note:        Authority G.S. 106-638; 106-639;

Eff. January 1, 2011.

 

02 Ncac 48a .0251          Compliance Agreement

(a)  A compliance agreement may be made between the State

Apiarist and those rearing bees for sale provided the shipper agrees to:

(1)           Notify the State Apiarist of bees shipped

into or within North Carolina, the date shipped, and the destination;

(2)           Not use chemotherapy to mask the presence

of disease;

(3)           Not exchange used frames in the operation;

(4)           Have all of his bees inspected twice a year

when brood is present, and at intervals no less than 90 days, and send the

State Apiarist copies of health certification issued; and

(5)           Meet all other conditions provided for by

the rules in this Section.

(b)  If conditions within the state of origin warrant or

violations of the compliance agreement or other health standards occur, the

State Apiarist shall discontinue the issuance of compliance agreements and

revoke any outstanding agreements.

(c)  The compliance agreement expires December 31 of each

year unless revoked by the State Apiarist prior to that date.

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0252          Exposure of diseased materials

(a)  No one shall knowingly expose bees, bee products, or

equipment which is known to be infested with a contagious and infectious bee

disease in such a manner as to be accessible to robber bees.

(b)  When a colony of bees dies as a result of disease, the

beekeeper shall seal or close the colony to prevent robber bees from carrying

disease to healthy colonies.

(c)  If apiary products or equipment that are infested with

infectious disease are mixed with uninfected products or equipment, the entire

lot is considered infested.

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0253          Infested apiary material liable to

destruction

(a)  Anyone possessing bees, apiary products, or equipment

that is infested or infected with infectious and contagious bee disease or

disorders must disinfect or sterilize such bees, apiary products, or equipment

in such a manner as to prevent propagation or spread hazard of the disease.

(b)  If bees, equipment, or apiary products that are

infested or infected with infectious and contagious bee diseases or disorders

are not disinfected or sterilized the inspector shall take measures to

eradicate such bee diseases or disorders at the expense of the beekeeper.

(c)  If sterilization treatments or fumigations are not

available or acceptable to the beekeeper, bees, apiary products, or equipment

that are infested with contagious and infectious bee diseases or disorders

shall be destroyed by the State Apiarist or inspector.

 

History Note:        Authority G.S. 106-639;

Eff. January 1, 2011.

 

02 Ncac 48a .0254          destruction of bees: apiary products

or equipment

(a)  The inspector shall consider all factors and make the

determination as to whether the bees, apiary products, or equipment can be

safely sterilized or disinfected. 

(b)  This Rule shall be enforced for diseases as listed in

this Section.

(c)  The inspector shall consider all treatments approved by

the United States Environmental Protection Agency, including drug therapy and

fumigation, in making the safe sterilization determination.

(d)  The destruction or disposition of bees and equipment

shall be conducted under the supervision of the inspector.

(e)  The destruction of a beehive shall be performed as is

described in "Agricultural Extension Beekeeping Note No. 2.01,"

January 2007, published by North Carolina State University's Cooperative

Extension Service, including subsequent amendments and  editions, or in "Beekeeping

Basics," Mid-Atlantic Apiculture Research and Extension Consortium, 2004,

including subsequent amendments and editions.  Copies of these documents are

available for inspection at the North Carolina Department of Agriculture and

Consumer Services, Plant Industry Division office located at 216 West Jones Street, Raleigh, NC 27603.  They may also be obtained online at http://www.cals.ncsu.edu/entomology/apiculture/PDF%20files/2.01.pdf

and

http://pubs.cas.psu.edu/FreePubs/pdfs/agrs93.pdf.

 

History Note:        Authority G.S. 106-639;

Eff. January 1, 2011.

 

02 Ncac 48a .0255          fumigation or sterilization of apiary

equipment

(a)  The State Apiarist shall allow fumigation or

sterilization of diseased bee equipment in lieu of destruction when fumigation

or sterilization is sufficient to eliminate the disease or disorder.

(b)  The State Apiarist shall, at the request of the

beekeeper, provide and operate the chamber for fumigation of diseased bee

equipment in lieu of destruction, when fumigation or sterilization is

sufficient to eliminate the disease or disorder.  When the beekeeper makes such

a request, the beekeeper shall pay for the cost of the fumigant.

(c)  The State Apiarist shall dispose of honey, wax, or bee

equipment abandoned in connection with the fumigation program in a manner such

that there is no disease spread hazard.

 

History Note:        Authority G.S. 106-639;

Eff. January 1, 2011.

 

02 Ncac 48a .0256          clean-up areas

(a)  When in the opinion of the Commissioner action is

necessary to prevent or check the spread of bee diseases or disorders he may

designate areas or counties as "clean" or under a "clean-up

campaign" for designated diseases or disorders and prohibit the movement

of bees and equipment into or from these areas, except when they have been

inspected within 60 days of the time they are to be moved, and found apparently

free of the designated diseases or disorders, and a certificate of inspection

issued.

(b)  The following types of clean-up areas may be designated

and the diseases or disorders regulated in the areas:

(1)           areas where bees are moved to or

concentrated at certain times of the year such as apple and blueberry

pollinating areas;

(2)           areas with a concentration of bee disease;

(3)           areas around queen or package bee rearing

sites;

(4)           areas around an infestation of a disease

new to the state;

(5)           any other area where disease clean-up is

needed at the time.

(c)  Before designating or removing a clean-up area, a

public hearing must be held before the Board of Agriculture.

(d)  The diseases or disorders regulated in the clean-up

areas are dependent on the type of clean-up area and must be designated by the

Commissioner.

(e)  Any bees or beekeeping equipment moved in violation of

this Rule shall be subject to confiscation and destruction.

 

History Note:        Authority G.S. 106-389 through 106-640;

Eff. January 1, 2011.

 

02 Ncac 48a .0257          diseased apiaries quarantined

(a)  Any apiary or colony of bees infected with contagious

and infectious diseases, disorders, or conditions prescribed in the rules in

this Section shall be placed under quarantine by the State Apiarist or

inspector.  Such quarantine becomes effective upon a verbal or written notice

to the person in charge of the bees from the State Apiarist or inspector and

remains in effect until the inspector has determined that the disease is

eradicated or under control to his satisfaction.

(b)  The movement or transportation of any and all colonies

of bees, apiary equipment, queen bees, nuclei, combs, or other diseased

materials from a quarantined apiary or colony is prohibited.

(c)  A quarantine zone shall exist within a radius of two

miles around the diseased apiary or colony of bees.  No bees may be moved from

a quarantine zone until after they have been inspected and found to be

apparently free from disease.

 

History Note:        Authority G.S. 106-638 through 106-639;

Eff. January 1, 2011.

 

02 Ncac 48a .0258          Exterior quarantine

The Commissioner shall quarantine areas outside of North

Carolina when he has reason to believe that a bee of the genus Apis

other than Apis mellifera or a bee disease or disorder that is not

established throughout North Carolina exists in that area and that importation

of honeybees or beekeeping equipment present an introduction hazard to North

Carolina beekeeping.

 

History Note:        Authority G.S. 106-640;

Eff. January 1, 2011.

 

02 Ncac 48a .0259          diseases and disorders of special

concern

The following diseases, disorders, and conditions are of

special concern to beekeeping in North Carolina.  These are prescribed for

special regulatory action as referenced in the rules in this Section:

(1)           American foulbrood disease, Paenibacillus larvae;

(2)           Chalkbrood disease, Ascosphaera apis;

(3)           Any bee disease or disorder which, in the opinion

of and so declared by the Commissioner, constitutes a threat to the bee and

honey industry in North Carolina;

(4)           Any bee of the genus Apis other than Apis

mellifera;

(5)           Any bees, beekeeping equipment or products that

have been moved or used in violation of North Carolina bee and honey statutes

and rules;

(6)           Genetic material of exotic strains of bees;

(7)           Honeybee tracheal mite, Acarapis woodi, Rennie;

(8)           Africanized bee – Hybrids of Apis mellifera

scutellata;

(9)           Varroa mite – Varroa destructor; and

(10)         Small Hive Beetle – Aethina tumida.

 

History Note:        Authority G.S. 106-640;

Eff. January 1, 2011.

 

02 Ncac 48a .0260          Certification of pollination

conditions

At the request of either a beekeeper or a grower renting

bees for pollination, and with knowledge of both parties, the State Apiarist

shall inspect each colony for colony strength and condition of bees rented or

provided for pollination, and shall make a certification of his or her findings

available to both parties.

 

History Note:        Authority G.S. 106-636;

Eff. January 1, 2011.

 

02 Ncac 48a .0261          abandoned bees or bee equipment

The State Apiarist, upon permission of the property owner or

manager, may take possession and care for an apiary or honeybee colonies left

untended on the property of another for a period of 12 months.

 

History Note:        Authority G.S. 106-639;

Eff. January 1, 2011.

 

02 Ncac 48a .0262          registration of honeybee colonies

(a)  Beekeepers requesting notification of an applicator who

applies pesticides by using aircraft in compliance with Federal Aviation

Administration regulations under Title 14 CFR Part 137 shall register such a

request in accordance with the provisions of this subsection.

(b)  Registering agency.  The Plant Industry Division of the

North Carolina Department of Agriculture and Consumer Services shall be

responsible for the registration of honeybees and making registration

information available to aerial applicators.

(c)  Registration procedure:

(1)           Beekeepers desiring advance notification of

pesticide application under these procedures shall register their apiaries with

the registering agency.  The registration period shall be from January 1 to

December 31 of each year;

(2)           Beekeepers may register their bees at any

time of the year but registration shall not be effective until the registration

revisions have been distributed to aerial applicators;

(3)           The registration will expire on December 31

of each year and must be renewed each year;

(4)           The Plant Industry Division will distribute

a list of registration revisions by U.S. mail on the first of March, July, and

October to all aerial applicators licensed in North Carolina and the revisions

will be effective on the fifth day of the month.  When deemed necessary by the

state apiarist due to pesticide use patterns, a special registration list may

be distributed more frequently;

(5)           Registration must be on forms provided by

the Plant Industry Division and are available from the North Carolina

Department of Agriculture and Consumer Services, Plant Industry Division, 1060

Mail Service Center, Raleigh, NC 27699-1060; Apiculturist, Entomology

Department, NC State University, Campus Box 7613, Raleigh, NC 27696 and all

agricultural extension offices.  The names, addresses, and phone numbers of

persons authorized to receive notification must be of people within North

Carolina and of such nature that the aerial applicator or his representative

can easily give notification of planned application of pesticide; an

alternative notification procedure must be provided by beekeepers who are away

from primary notification address for periods in excess of 24 hours.  Beekeepers

who cannot be contacted or notified of intent to spray for periods of time in

excess of 24 hours are hereby declared not properly registered; and

(6)           A registration fee of ten dollars ($10.00)

must be paid for each registration.

 

History Note:        Authority G.S. 106-638;

Eff. January 1, 2011.

 

02 Ncac 48a .0263          permit to sell bees

(a)  The Plant Industry Division of the North Carolina

Department of Agriculture and Consumer Services shall issue permits to

individuals, corporations, or firms intending to sell honeybees in North Carolina.

(b)  Permitting procedure:

(1)           Individuals, corporations, or firms

desiring to sell bees in North Carolina shall apply annually for a permit.  The

permitting period is from January 1 to December 31 of each year.  Permit

applications must be on a form provided by the Plant Industry Division.  Permit

application forms are available from the following:

(A)          North Carolina Department of Agriculture and

Consumer Services, Plant Industry Division, 1060 Mail Service Center, Raleigh,

NC 27699-1060; and

(B)          available on-line at NCDA&CS, Plant Industry

Division, Plant Protection website;

(2)           A permitting fee must be paid on an annual

basis in accordance with the provisions of G.S. 106-639.1 and subsequent

amendments;

(3)           Individuals, corporations, or firms may

obtain a permit to sell bees at any time of year;

(4)           The permit shall expire on December 31 of

each year and must be renewed each year;

(5)           All provisions of the N.C. Bee and Honey

Act and the rules adopted thereunder must be met as a prerequisite to obtaining

a permit to sell bees, including compliance with existing quarantines;

(6)           A permit to sell bees in North Carolina

shall be denied or revoked if necessary to prevent the introduction or spread

of bees or colonies with contagious or infectious diseases, disorders, or

conditions deemed harmful to the North Carolina beekeeping industry;

(7)           A permit is non-transferable; and

(8)           A permit holder shall not sell bees owned

by another person.

 

History Note:        Authority G.S. 106-639.1;

Eff. January 1, 2011.

 

02 Ncac 48a .0264          forms

Forms needed to implement the provisions of the rules in

this Section shall be provided by the North Carolina Department of Agriculture

and Consumer Services, Plant Protection Section as needed.

 

History Note:        Authority G.S. 106-641;

Eff. January 1, 2011.

 

02 Ncac 48a .0265          Africanized Bee/Varroa Mite clean up

Area

(a)  To prevent introduction of the Africanized bee (hybrids

of Apis mellifera scutellata) and the Varroa mite (Varroa destructor)

into North Carolina through the ports at Morehead City and Wilmington,

Africanized bee/Varroa mite clean up areas are hereby established at these

ports.

(b)  The clean up areas are the areas encompassed within a

two mile radius with center at the western terminus of Morehead City-Beaufort

Bridge on U.S. 70 in Morehead City, North Carolina and within a two mile radius

with center at the western terminus of Shipyard Boulevard in Wilmington, North Carolina.

(c)  These areas are hereby declared bee-free areas.  No

bees shall be kept or husbanded in these areas without permission of the State

Apiarist.  Apiary inspectors are authorized to take and destroy any bees found

in these areas including bees on ships or in cargo.  No one shall transport or

ship bees into or from these areas unless they are part of a bee shipment through

the ports.  Any cargo containing bees shall not be removed from the area until

declared bee-free by an Apiary Inspector.  No one shall capture or take a swarm

of bees from the area.  Bees and their progeny taken from the area are subject

to destruction without regard to whether they are Africanized or not.

 

History Note:        Authority G.S. 106-639; 106-640;

Eff. January 1, 2011.

 

SECTION .0300 ‑ EXTERIOR PESTS

 

02 NCAC 48A .0301          DEFINITIONS

For the purpose of this Section the following words and

terms shall be construed respectively to mean:

(1)           Compliance Agreement.  A written agreement between

an individual or concern dealing in or moving regulated articles and the North

Carolina Department of Agriculture, Plant Industry Division, wherein the former

agrees to comply with conditions specified in the agreement to prevent the

establishment or dissemination of an exterior pest;

(2)           Exterior Agency.  Any governmental unit having

authority under the law to quarantine or regulate plant pests.  Such units

shall include the federal government agencies, states and foreign countries;

(3)           Exterior Pest.  Any plant pest in any stage of

development that is under quarantine or regulated by an exterior agency that is

not known to be established or has recently been found established in North

Carolina, or any plant pest not known to be under such regulation, but which

available information indicates to be a potentially serious plant pest in North

Carolina;

(4)           Inspector.  Any authorized employee of the North

Carolina Department of Agriculture, Plant Industry Division, or any other

person authorized by the Commissioner of Agriculture to enforce the provisions

of this quarantine and regulations supplemental thereto;

(5)           Regulated Article.  Any object, article, product,

or commodity which meets one or more of the following criteria:

(a)           Is designated as a regulated article by an

exterior agency;

(b)           Is found infested with an exterior pest;

(c)           Is susceptible to infestation and has been

exposed or which an inspector has reasonable ground to believe has been exposed

to an exterior pest;

(d)           Is an exterior pest;

(e)           The Plant Pest Administrator has reasonable

ground to believe to be infested with or transporting an exterior pest;

(6)           Exterior Pest Quarantine.  Any exterior pest or

exterior regulated article now or hereafter determined to be within the State

of North Carolina is hereby placed under quarantine.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0302          CONDITIONS GOVERNING MOVEMENT OF

REGULATED ARTICLES

Regulated articles shall not be moved into, within or from

North Carolina nor shall they be processed, planted or propagated except under

conditions stipulated by the Commissioner of Agriculture or his agent. Such

conditions shall be consistent with the quarantine requirements of the exterior

agency and shall be designed to prevent establishment or dissemination of the

pest in North Carolina.  Regulated articles shall be accompanied by valid

certificates or inspection tags issued by the exterior agency of origin when

such certificates are required under the quarantine or regulations of such

agency.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0303          COMPLIANCE AGREEMENT

As a condition of issuance of certificates or permits for

the movement of regulated articles, any person engaged in purchasing,

assembling, exchanging, handling, processing, utilizing, treating or moving

such articles may be required to sign a compliance agreement stipulating that

he will maintain such safeguards against the establishment and dissemination

and comply with such conditions as to the maintenance of identity, handling and

subsequent movement of such articles and the cleaning and treatment of means of

conveyance and containers used in the transportation of such articles as may be

required by the inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0304          INSPECTION AND DISPOSAL

Any properly identified inspector is authorized to stop and

inspect any person or means of conveyance moving into, within or from the State

of North Carolina upon probable cause to believe that such means of conveyance

or articles are regulated articles as defined in these Regulations and such

inspector is authorized to seize, treat, destroy, or otherwise dispose of

articles found to be in violation of these Regulations.  Shippers or agents

shall provide to the inspector information such as origin, ownership,

destination, treatments or certifications received, quantity and any other

information pertinent to establishing the degree of infestation of an actual or

potential regulated article.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0305          EXEMPTIONS

The Plant Pest Administrator may exempt exterior pests from

the provisions of this quarantine and regulations when he deems the potential

of the pest not applicable to conditions in North Carolina or when enforcement

of this quarantine and regulations is deemed not feasible under existing

circumstances.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .0400 ‑ WHITE PINE BLISTER RUST

 

02 NCAC 48A .0401          CURRANT AND GOOSEBERRY PLANTS

(a)  All wild and cultivated currant and gooseberry plants

in North Carolina are hereby declared to be dangerous plants and are

consequently subject to destruction by the Commissioner of Agriculture or

authorized agents wherever found.

(b)  No person shall knowingly and willfully keep upon his

premises any currant or gooseberry plant, or permit such plants to mature seed

or otherwise multiply upon his land.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0402          INFECTED PINES

(a)  All five‑leafed pines infected with white pine

blister rust in North Carolina are hereby declared to be dangerous plants and

are consequently subject to destruction by the Commissioner of Agriculture or

authorized agents wherever found.

(b)  No person shall knowingly and willfully keep upon his

premises any five‑leafed pines infected with white pine blister rust, or

permit such plants to mature seed or otherwise multiply upon his land.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .0500 ‑ WITCHWEED

 

02 NCAC 48A .0501          DEFINITIONS

For the purpose of this Section, the following shall apply:

(1)           Certificate.  A document issued or authorized to be

issued by an inspector to allow the movement of regulated articles to any destination;

(2)           Compliance Agreement.  A written agreement between

an individual, or concern engaged in growing, dealing in, or moving regulated

articles and the North Carolina Department of Agriculture, Plant Industry

Division, wherein the former agrees to comply with conditions specified in the

agreement to prevent the dissemination of the witchweed;

(3)           Exempt Area.  Any part of a regulated area which is

exempt from these Regulations except where the soil is disturbed at a depth

greater than 30 inches;

(4)           Exemptions.  Conditions contained in these

Regulations which provide for modifications in conditions of movement of

regulated articles from regulated areas under specified conditions;

(5)           Infestation.  The presence of the witchweed or the

existence of circumstances that make it reasonable to believe that witchweed is

present;

(6)           Inspector.  Any authorized employee of the North

Carolina Department of Agriculture, Plant Industry Division, or any other

person authorized by the Commissioner of Agriculture to enforce the provisions

of this quarantine and regulations;

(7)           Generally Infested Area.  Any part of a regulated

area not designated as an exempt or suppressive area;

(8)           Mechanized Cultivating Equipment and Mechanized

Soil‑Moving Equipment.  Mechanized equipment used for cultivating

purposes‑‑e.g., turning or disc plows; or to move or transport soil‑‑e.g.,

draglines, bulldozers, road scrapers and dump trucks;

(9)           Permit.  A document issued or authorized to be

issued by an inspector to allow the movement of noncertified regulated articles

to a specified destination for particular handling, utilization, or processing,

or for treatment;

(10)         Pest.  The parasitic plant known as the witchweed

(Striga spp.) in any stage of development;

(11)         Regulated Area.  Any counties or parts of counties

in the State of North Carolina listed or provided for in these Regulations;

(12)         Soil.  Soil shall be considered that part of the

upper layer of earth in which plants can grow (includes subsoil down to parent

material);

(13)         Suppressive Area.  That part of a regulated area

where eradication of infestation is undertaken as an objective.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0502          REGULATED ARTICLES

The Plant Industry Division, Plant Protection Section,

adopts by reference 7 CFR 301.80(b) entitled Regulated Articles, with the

inclusion of the witchweed (Striga spp.) in any stage of development.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0503          CONDITIONS GOVERNING MOVEMENT OF

REGULATED ARTICLES

The following conditions govern the movement of regulated

articles:

(1)           Certificate or Permit Required.  Unless exempted in

these Regulations a certificate or permit must accompany the movement of

regulated articles from any regulated area into or through any point outside

thereof.  Regulated articles originating outside of a regulated area may be

moved without a certificate or permit if the point of origin is clearly

indicated on the shipping document accompanying the regulated articles

provided, in the case of articles moved through a regulated area, the regulated

articles are protected from infestation, while within regulated areas, to the

satisfaction of an inspector.

(2)           Issuance of Permits.  Permits may be issued by

inspectors to allow the movement of noncertified regulated articles to

locations outside of the regulated areas for particular handling, utilization,

processing, or for treatment in accordance with approved procedures, provided

the inspector has determined that such movement will not result in the spread

of witchweed.

(3)           Federal certificates or permits can be used on all

regulated articles interchangeably with North Carolina Department of

Agriculture Plant Industry Division Certificates.

(4)           The Plant Industry Division, Plant Protection

Section, adopts by reference 7 CFR 301.80‑7 and 7 CFR 301.80‑4(a)

entitled Attachment of Certificates and Issuance of Certificates respectively.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0504          MOVEMENT OF REGULATED ARTICLES WITHIN

REGULATED AREAS

There are no restrictions imposed on the movement of

regulated articles within regulated areas except where the articles originate

on infested properties and an inspector has determined that a hazard of spread

exists and the property owner has been so notified.  A property owner so

notified may move the specified regulated articles within the regulated areas

only under conditions approved by an inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0505          COMPLIANCE AGREEMENT

(a)  The Plant Industry Division, Plant Protection Section,

adopts by reference 7 CFR 301.80‑5 entitled Compliance Agreements except

that Deputy Administrator shall be deemed to mean Plant Pest Administrator.

(b)  Federal compliance agreements can be used

interchangeably with North Carolina Department of Agriculture, Plant Industry

Division forms.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0506          INSPECTION AND DISPOSAL

Any properly identified inspector is authorized to stop and

inspect, any person or means of conveyance moving within or from the State of

North Carolina upon probable cause to believe that such means of conveyance or

articles are infested with the witchweed; and, such inspector is authorized to

seize, treat, destroy, or otherwise dispose of articles found to be moving in

violation of these Regulations.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0507          EXEMPTIONS

(a)  The Plant Industry Division, Plant Protection Section,

adopts by reference 7 CFR 301.80‑2(b) entitled Exemptions.

(b)  The following article is exempt from certification and

permit requirements:  Seed cotton, if moving to a designated gin.

(c)  Articles originating in those areas described in these

Regulations as exempt areas shall be exempt from all certification and permit

requirements except when the soil is disturbed at a depth greater than 30

inches below the surface.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0508          REGULATED AREAS

The Plant Industry Division, Plant Protection Section,

adopts by reference 7 CFR 301.80‑2A, Witchweed Regulated Areas, which is

administered by the U.S. Department of Agriculture, Animal and Plant Health

Inspection Service.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .0600 ‑ BOLL WEEVIL

 

02 NCAC 48A .0601          DEFINITIONS

For the purposes of this Section, in addition to definitions

contained in G.S. 106‑65.69, the following shall apply:

(1)           Compliance Agreement.  A written agreement between

a person engaged in growing, dealing in or moving regulated articles and the

North Carolina Department of Agriculture, Plant Industry Division, wherein the

former agrees to comply with conditions specified in the agreement to prevent

the dissemination of the boll weevil;

(2)           Exemptions.  Provisions contained in these

Regulations which provide for modifications in conditions of movement of

regulated articles from regulated areas under specified conditions;

(3)           Elimination Zone.  That portion of this state where

eradication of the boll weevil is undertaken as an objective;

(4)           Inspector.  Any authorized employee of the North

Carolina Department of Agriculture, Plant Industry Division, or any other

person authorized by the Commissioner of Agriculture to enforce the provisions

of this Section;

(5)           Regulated Area.  Any state other than North

Carolina or any portion of such state that is infested with the boll weevil;

(6)           Noninfested Area.  That portion of this state not

included in an elimination zone;

(7)           Seed Cotton.  Cotton as it comes from the field

prior to ginning;

(8)           Gin Trash.  All of the material produced during the

cleaning and ginning of seed cotton, bollies or snapped cotton except the lint,

cottonseed and gin waste;

(9)           Noncommercial Cotton.  Cotton intended for purposes

other than processing;

(10)         ASCS.  United States Department of Agriculture,

Agricultural Stabilization and Conservation Service;

(11)         Farm Operator.  Person responsible for production

and sale of a cotton crop on any individual farm;

(12)         Used Cotton Harvesting Equipment.  Previously

utilized cotton equipment used to harvest, strip, transport, or destroy cotton;

(13)         Cotton Crop Residue Destruction.  Mowing of cotton

plant stalks left in field after harvesting of crop is completed.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985;

Amended Eff. May 1, 1992; January 1, 1991.

 

 

 

02 NCAC 48A .0602          REGULATED ARTICLES

The following articles are regulated under the provisions of

this Section:

(1)           the boll weevil (Anthonomus grandis Boheman) in any

living stage of development;

(2)           seed cotton;

(3)           gin trash;

(4)           used cotton harvesting equipment;

(5)           any other products, articles, or means of

conveyance, or any character whatsoever, not covered by Subparagraphs (1) to

(4) of this Rule, when it is determined by an inspector that they present a

hazard of spread of the boll weevil and the person in possession thereof has

been so notified.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0603          CONDITIONS GOVERNING THE MOVEMENT OF

REGULATED ARTICLES

The following conditions govern the movement of regulated

articles:

(1)           A certificate or permit is required to transport

regulated articles from a regulated area into or through any elimination zone

in this state.

(2)           A certificate or permit is required to transport

regulated articles from one elimination zone into or through another

elimination zone, and may be required to move regulated articles(s) within an

elimination zone when an inspector determines that the regulated article(s)

present a hazard of spread and the person in possession thereof has been

notified.

(3)           When certificates or permits are required, they

shall be securely attached to the outside of the container in which the

articles are moved except where the certificate or permit is attached to the

shipping document and the regulated articles are adequately described on the

shipping document or on the certificate or permit, the attachment of the

certificate or permit to each of the containers is not required.

(4)           Certificates may be issued by an inspector if the

regulated articles:

(a)           have originated in the noninfested area of

this state or in a noninfested area of any other state and have not been

exposed to infestation at any time;

(b)           have been treated to destroy infestation in

accordance with approved procedure;

(c)           have been grown, manufactured, stored or

handled in such a manner that in the judgment of the inspector no infestation

will be transmitted thereby; or

(d)           when they have been examined by the

inspector and found to be free of infestation.

(5)           Permits may be issued by an inspector to allow the

movement of noncertified regulated articles for specified handling,

utilization, processing, or treatment in accordance with approved procedures,

provided the inspector has determined that such movement will not result in the

spread of the boll weevil.

(6)           Any certificate or permit which has been issued or

authorized may be withdrawn by the inspector if he determines that the holder

thereof has not complied with any conditions for the use of such documents or

with any conditions contained in a compliance agreement.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985;

Amended Eff. December 1, 1989.

 

 

 

02 NCAC 48A .0604          DISPOSITION OF CERTIFICATES AND

PERMITS

In all cases, certificates and permits shall be furnished by

the carrier to the consignee at the destination of the shipment.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0605          MOVEMENT FOR SCIENTIFIC PURPOSES

(a)  Regulated articles may be moved for experimental or

scientific purposes in accordance with specified conditions provided a

scientific permit is obtained from the Plant Pest Administrator and securely

attached to the container of such articles or to the article itself.

(b)  Procedure for applying for permission for moving

regulated articles for scientific purposes is the same as set out in 2 NCAC 48A

.1300.

(c)  The procedure for processing an application to move

regulated articles is the same as that set out in 2 NCAC 48A .1300.

(d)  Decisions on acceptance or rejection of applications

for movement of the regulated articles for scientific purposes are based on the

same criteria as set out in 2 NCAC 48A .1300.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985;

Amended Eff. January 1, 1991.

 

 

 

02 NCAC 48A .0606          COMPLIANCE AGREEMENT

(a)  As a condition of issuance of certificates or permits

for the movement of regulated articles, any person engaged in purchasing,

assembling, exchanging, handling, processing, utilizing, treating, or moving

such articles may be required to sign a compliance agreement stipulating that

he will maintain such safeguards against the establishment and spread of

infestation and comply with such conditions as to the maintenance of identity,

handling, and subsequent movement of such articles, and the cleaning and

treatment of means of conveyance and containers used in the transportation of

such articles as may be required by the inspector.

(b)  Any compliance agreement may be cancelled by the

inspector who is supervising its enforcement whenever he finds, after notice

and opportunity to present views has been accorded to the other party thereto,

that such other party has failed to comply with the conditions of the

agreement.  Any compliance agreement may be cancelled when compliance is no

longer required.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0607          INSPECTION AND DISPOSAL

An inspector is authorized to stop and inspect any person or

means of conveyance moving into, within, or from the State of North Carolina

upon reasonable grounds to believe that such means of conveyance or articles

are infested with the boll weevil; and such inspector is authorized to seize,

treat, destroy, or otherwise dispose of articles found to be moving in

violation of these Regulations.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0608          REPORTING OF ACREAGE: LOCATION OF

COTTON ACREAGE

All cotton farm operators and growers of noncommercial

cotton in an elimination zone shall submit a Cotton Acreage Reporting Form by

July 1 of the current growing season to the county ASCS office.  A report shall

be filed for each year of participation in the program.

(1)           Noncommercial cotton shall not be planted in an

elimination zone except under the conditions of a compliance agreement. 

Growers of noncommercial cotton in an elimination zone may apply for a waiver

to grow cotton in an elimination zone.  Applications, in writing, shall be made

to the Plant Pest Administrator stating the conditions for requesting such

waiver.  The decision whether or not to waive all or part of these requirements

shall be based on the following:

(a)           location of growing area;

(b)           size of growing area;

(c)           pest conditions in the growing area;

(d)           accessibility of growing area;

(e)           any stipulations set forth in a compliance

agreement between the individual and the Department of Agriculture that are

necessary for the effectuation of the program.

(2)           Written application for waivers shall be made to

the Plant Pest Administrator for review.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985;

Amended Eff. May 1, 1992; December 1, 1988; January 1,

1987.

 

 

 

02 NCAC 48A .0609          PURCHASE OF COTTON FOR EFFECTUATION OF

PROGRAM OBJECTIVES

The Commissioner may purchase growing cotton when he deems

it in the best interest of the program.  Purchase price shall be based on the

ASCS farm established yield for the current year.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0610          DESIGNATED AREAS FOR BOLL WEEVIL

CONTROL

(a)  For the purposes of this Section, the entire state of

North Carolina shall constitute an elimination zone.

(b)  A regulated area consists of any other state or any

portion of such state infested with boll weevil.

 

History Note:        Authority G.S. 106‑65.77; 106‑65.91;

Eff. January 1, 1985;

Amended Eff. January 1, 1987.

 

 

 

02 NCAC 48A .0611          PROGRAM PARTICIPATION AND PAYMENT OF

FEES

All cotton farm operators in the state are hereby required

to participate in the eradication program.  Participation shall include timely

reporting of acreage and field locations, compliance with regulations, and

payment of fees.  Farm operators within the elimination zone shall be notified

through the extension offices or newspapers of their program costs on a per

acre basis on or before March 15.

(1)           Growers are to report all planted cotton by completing

a Cotton Acreage Reporting Form and paying a per acre fee at the ASCS office by

July 1 of the current growing season.

(2)           The fee is nonrefundable and is to pay for the

program's estimated costs as determined by the Commissioner, but will not exceed

nine dollars ($9.00) per acre.

(3)           Growers not reporting planted cotton to ASCS by

July 1 of the current growing season will be assessed a three dollar ($3.00)

per acre penalty.

(4)           Growers under‑reporting by more than ten

percent of the actual planted acreage, as determined by ASCS, will be assessed

a penalty of three dollars ($3.00) per acre on all acreage in excess of the

reported acreage.

(5)           All acreage for which fees have not been paid on or

before July 15 of the current growing season will be assessed a three dollar

($3.00) per acre penalty.

(6)           Fees and penalties shall be made payable to the

North Carolina Department of Agriculture.

 

History Note:        Authority G.S. 106‑65.74; 106‑65.77;

106‑65.88; 106‑65.91;

Eff. January 1, 1985;

Amended Eff. October 1, 1993; May 1, 1992; January 1,

1991; June 1, 1990.

 

 

 

02 NCAC 48A .0612          COTTON STALK DESTRUCTION

(a)  Upon notification in writing by the Commissioner of

Agriculture, any farm operator may be ordered to destroy standing cotton stalks

in his fields when it is deemed that such cotton stalks constitute a potential

for harboring overwintering population of boll weevils.  Such cotton stalk

destruction shall consist of shredding or discing as necessary to eliminate

standing stalks.  Such notification will designate which fields are subject to

stalk destruction.  Designation of fields subject to stalk destruction will be

based on the capturing of at least two adult boll weevils between September 15

and December 15 of a calendar year.  Any field which is adjacent to a

designated field may also be subject to stalk destruction upon notification by

the Commissioner.

(b)  Any farm operator subject to the provisions of (a)

shall destroy the cotton stalks before February 1 of the following calendar

year.  Any cotton stalks not destroyed before February 1 shall be treated as

regulated articles for the purposes of G.S. 106‑65.73.  Any field

containing such stalks on February 1 shall be quarantined until such stalks are

destroyed.  Any farm operator who fails to comply with this Rule, absent a

waiver as provided in (c), shall be assessed a penalty fee of five dollars

($5.00) per acre.

(c)  Any farm operator subject to the provisions of (a) who

cannot destroy cotton stalks before February 1 due to emergency or hardship may

apply for a waiver.  The application shall be made in writing before January 1

to the Plant Pest Administrator stating the conditions justifying the waiver. 

The Plant Pest Administrator shall notify the farm operator of his decision

within two weeks after receipt of such application.  Waivers shall be approved

only if justified by emergency or hardship due to meteorological conditions,

economic conditions, or other causes beyond the control of the farm operator.

 

History Note:        Authority G.S. 106‑65.73; 106‑65.74;

106‑65.77;

Eff. December 1, 1985;

Amended Eff. January 1, 1987.

 

 

 

 

 

SECTION .0700 ‑ IMPORTED FIRE ANT

 

02 NCAC 48A .0701          DEFINITIONS

For the purpose of this Section the following shall apply:

(1)           Certificate.  A document issued or authorized to be

issued by an inspector to allow the movement of regulated articles to any destination;

(2)           Compliance Agreement.  A written agreement between

an individual, or concern, engaged in growing, dealing in, or moving regulated

articles and the North Carolina Department of Agriculture, Plant Industry

Division, wherein the former agrees to comply with conditions specified in the

agreement to prevent the dissemination of the imported fire ant;

(3)           Exemptions.  Conditions contained in these

Regulations which provide for modifications in conditions of movement of

regulated articles from regulated areas under specified conditions;

(4)           Infestation.  The presence of the imported fire ant

or the existence of circumstances that make it reasonable to believe that the

imported fire ant is present;

(5)           Inspector.  Any authorized employee of the North

Carolina Department of Agriculture, Plant Industry Division, or any other

person authorized by the Commissioner of Agriculture to enforce the provisions

of this quarantine;

(6)           Mechanized Soil‑Moving Equipment.  Mechanical

equipment used to move or transport soil‑‑e.g., draglines,

bulldozers, road scrapers, and dump trucks;

(7)           Permit.  A document issued or authorized to be

issued by an inspector to allow the movement of noncertified regulated articles

to a specified destination for particular handling, utilization, or processing,

or for treatment;

(8)           Pest.  The insect known as the imported fire ant

(Solenopsis invicta Buren, Solenopsis richteri Forel) in any stage of

development;

(9)           Regulated Area.  Any counties or parts of counties

in the State of North Carolina listed or provided for in these Regulations.

(10)         Soil.  Soil shall be considered as that part of the

upper layer of earth in which plants can grow.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0702          REGULATED ARTICLES

The following articles are regulated articles:

(1)           the imported fire ant (Solenopsis invicta Buren,

Solenopsis richteri Forel) in any living stage of development;

(2)           soil, compost, decomposed manure, humus, muck and peat,

separately or with other things;

(3)           plants with roots with soil attached, and/or roots

and rhizomes of plants with soil attached (example:  sweet potatoes);

(4)           grass sod;

(5)           hay and straw;

(6)           logs, pulpwood, and stumpwood;

(7)           used mechanized soil‑moving equipment;

(8)           any character whatsoever, not covered by Items (1)

to (7) of this Rule, when it is determined by an inspector that they present a

hazard of spread of imported fire ant and the person in possession thereof has

been so notified.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0703          CONDITIONS GOVERNING THE MOVEMENT OF

REGULATED ARTICLES

(a)  Unless exempted in 2 NCAC 48A .0706, Exemptions, a

certificate or permit must accompany the movement of regulated articles from

any regulated area into or through any point outside thereof.  Regulated

articles originating outside of a regulated area may be moved without a

certificate or permit if the point of origin is clearly indicated on the

shipping document accompanying the regulated articles provided, in the case of

articles moved through a regulated area, the regulated articles are protected

from infestation, while within regulated areas, to the satisfaction of an

inspector.

(b)  Certificates must accompany the movement of regulated

articles. The areas designated generally infested shall include those areas

outlined in 7 CFR 301.81‑2(a) with the addition of Anson County as

follows:

(1)           Anson County.  That portion of the county

bounded by a line beginning with the junction of State Secondary Road 1756 and

the Pee Dee River; thence south and west along said road to its junction with

State Secondary Road 1744; thence south along said road to its junction with

State Secondary Road 1745; thence west along said road to its junction with

State Secondary Road 1801; thence south and east along said road to its

junction with Highway 145; thence north and east along said highway to its

junction with Highway 74; thence east along said highway to its junction with

State Secondary Road 1748; thence north along said road to its junction with

the Pee Dee River;

(2)           Other Areas.  Any other areas in the State

of North Carolina now known or hereafter found infested with imported fire ant,

such other areas to become immediately subject to these Regulations when the

property owner or his agent is notified by the Plant Pest Administrator through

a newspaper release or through direct written notice to those concerned.  Such

newly infested areas shall be presented at least one time annually to the Board

of Agriculture when said board can rescind or confirm such regulated areas.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0704          ISSUANCE AND CANCELLATION OF

CERTIFICATES AND PERMITS

(a)  Certificates and permits shall be issued and cancelled

pursuant to the criteria contained in 7 CFR 301.81‑4; provided,

references to "federal domestic plant quarantines" shall be construed

to mean "state plant quarantines" and "Deputy

Administrator" shall be construed to mean "Plant Pest

Administrator".

(b)  Federal certificates or permits may be used in lieu of

permits issued by the North Carolina Department of Agriculture.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0705          ADOPTION BY REFERENCE

7 CFR 301.81‑5, ‑6, ‑7 entitled

respectively Compliance Agreements, Assembly and Inspection of Regulated

Articles and Attachment and Disposition of Certificates and Permits, are

adopted by reference; provided that, references to "interstate" shall

mean "intrastate" and references to the "Deputy

Administrator" shall mean "Plant Pest Administrator".

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0706          EXEMPTIONS

The following regulated articles are exempt from

certification and permit requirements from all regulated areas under the

applicable conditions prescribed in Items (1) to (6) of this Rule:

(1)           soil samples of one pound or less which are

packaged so that no soil will be spilled in transit and are consigned to

laboratories operating under compliance agreement;

(2)           soil samples of any size collected and shipped to

any U.S. Army Corps of Engineers soil laboratory;

(3)           compose, decomposed manure, humus and peat, if

dehydrated, ground, pulverized, or compressed;

(4)           logs and pulpwood, provided, the loading site has

been treated;

(5)           stumpwood, if free of excessive amounts of soil,

provided, the railroad loading site has been treated and the stumpwood is

consigned to a designated plant;

(6)           used mechanized soil‑moving equipment, if

cleaned and repainted;

(7)           material being safely transported to a U.S.

Department of Agriculture approved laboratory.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .0800 ‑ POTATO VIRUS Y

 

02 NCAC 48A .0801          DEFINITIONS

The following definitions will apply to this Section:

(1)           Potato Virus Y (PVY).  The plant virus known as

potato virus Y which is the causal agent of veinbanding of tobacco;

(2)           Infestation or Infected Plant.  The presence of the

virus as determined by serological or host reaction tests;

(3)           Inspector.  Any authorized employee of the North

Carolina Department of Agriculture, Plant Industry Division, or other person

authorized by the Commissioner of Agriculture to enforce the provisions of this

quarantine;

(4)           Regulated Areas.  Any civil division and parts of

civil divisions in the United States from which the importation of regulated

articles into North Carolina is prohibited;

(5)           Regulated Articles.  Plants, plant products or

insects capable of harboring or transmitting potato virus Y which are listed in

these Regulations.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0802          REGULATED ARTICLES

The following articles are regulated under the provisions of

these Regulations:

(1)           the plant virus known as potato virus Y;

(2)           tomato plants originating in regulated areas;

(3)           tobacco plants originating in regulated areas;

(4)           any other plants implicated as carriers of PVY.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0803          CONDITIONS GOVERNING THE MOVEMENT OF

REGULATED ARTICLES

(a)  Requirements under other applicable state quarantines

must also be met.

(b)  Articles regulated under the provisions of these

Regulations may not be moved from regulated areas into North Carolina, moved

within, sold or given away in the state.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0804          INSPECTION AND DISPOSAL

Any properly identified inspector is authorized to stop and

inspect any means of conveyance moving within or into the State of North

Carolina upon probable cause to believe that such means of conveyance is carrying

regulated articles; and, such inspector is authorized to seize, treat, destroy,

return to shipper or otherwise dispose of articles found to be moving in

violation of these Regulations.  Any tomato plants, planted or unplanted in

North Carolina found to be infected with potato virus Y during early season may

be ordered destroyed under the provisions of G.S. 106‑421 if in the

opinion of the inspector the plants are a PVY hazard to nearby tobacco.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0805          EXEMPTIONS

Plants may be exempted from the provisions of this

quarantine provided they meet the following provisions:

(1)           All plants are grown in a greenhouse;

(2)           The plants are maintained aphid free by means of

insecticidal treatment;

(3)           The appropriate state agency of the quarantined

state certifies that the provisions in this Rule have been met and that the

plants are apparently free of potato virus Y and so indicates by means of stamp

or printed label on each carton, crate or box.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

Eff. January 1, 1985;

Amended Eff. October 1, 1989.

 

 

 

02 NCAC 48A .0806          REGULATED AREAS

The movement of regulated articles into North Carolina from

the following areas is prohibited:

(1)           Florida.  All Florida counties south of and

including Dixie, Gilchrist, Alachua, Putnam, and Flagler;

(2)           Other Areas.  Any other areas in the United States

when it has been determined potato virus Y is present on a year‑round

basis, and/or there is the possibility of a PVY spread hazard on tomato plants

from these areas.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .0900 ‑ SWEET POTATO WEEVIL

 

02 NCAC 48A .0901          REGULATED AREAS

The following areas are regulated:

(1)           Exterior Areas.  Any areas in the states of

Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas,

or in any other state, which are found to be infested with the sweet potato

weevil or which are regulated by the plant regulatory agency of the state

concerned;

(2)           North Carolina.  New Hanover County:  The entire

island bordered on the west by the Cape Fear River and on the east by the

Atlantic Ocean and south of that line established from the Carolina Beach Inlet

from the Atlantic Ocean along the Intracoastal Waterway at Snow Canal until it

reaches the Cape Fear River;

(3)           Brunswick County.  The entire area bordered on the

north by the Intracoastal Waterway and on the east by the Cape Fear River and

on the south by the Atlantic Ocean and on the west by a straight line beginning

at the junction of Highway 133 with the Intracoastal Waterway, extending south

through the point where Highway 133 ends, and terminating at the junction of

said straight line with the Atlantic Ocean;

(4)           Other Areas.  Any other areas in the State of North

Carolina now known or hereafter found infested with the sweet potato weevil

shall become subjected to these Regulations upon written notification to those

concerned.  Such newly infested areas shall be presented at least one time

annually to the Board of Agriculture at which time said board can rescind or

confirm such regulated areas.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. October 1, 1989; January 1, 1987.

 

 

 

02 NCAC 48A .0902          DEFINITION OF WORDS: TERMS AND PHRASES

For the purposes of this Section and these Regulations, the

following words, phrases and terms shall apply:

(1)           Pest and/or Sweet Potato Weevil.  The insect known

as the sweet potato weevil (Cylas formicarius, elegantulus) in any stage of

development‑‑egg, larva, pupa or adult;

(2)           Department.  The North Carolina Department of

Agriculture;

(3)           State Entomologist.  The Plant Pest Administrator

of the Plant Industry Division, North Carolina Department of Agriculture;

(4)           Commissioner.  The Commissioner of Agriculture for

North Carolina;

(5)           Agent or Inspector.  An authorized representative

of the Commissioner;

(6)           Regulated Article.  Sweet potatoes, dehydrated

sweet potatoes, sweet potato roots, plants, vines or parts thereof; vines or

roots of any other plants belonging to the genus Ipomoea; and such other plants

as may be found to be hosts of the sweet potato weevil, and used containers;

(7)           Container.  A crate, box, basket, sack or any other

kind of container used in handling or moving sweet potatoes, dehydrated sweet

potatoes, or sweet potato vines, or roots;

(8)           Person.  An individual, firm or corporation;

(9)           Quarantined or Regulated Area.  Any portion of the

State of North Carolina or of any other state in which the sweet potato weevil

is found, or has been placed under quarantine on account of same;

(10)         Property.  Any structure or parcel of land on which

planting of sweet potatoes or other restricted material is growing or has been

grown, stored, or processed;

(11)         Infestation or Infested Property.  A property on

which host material has been found infested with the sweet potato weevil, or a

property onto which regulated material has been moved for any purpose from an

infested property, and regulated or host material which has been exposed to,

has come in physical contact with, or been stored where the weevil has been

found.  Such properties shall be considered infested until the Plant Pest

Administrator is of the opinion that the sweet potato weevil no longer exists

on said property;

(12)         Nonquarantined Area.  That portion of the State of

North Carolina outside a quarantined area;

(13)         Processors.  Persons who operate sweet potato

canning and/or dehydrating plants;

(14)         Storehouse or Warehouse.  A building where sweet

potatoes are assembled and stored;

(15)         Dealer.  An individual, firm or corporation

commercially engaged in the handling, sale, offering for sale and/or movement

of sweet potatoes.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0903          MOVEMENT PROHIBITED

Movement of the following regulated articles is prohibited:

(1)           The sweet potato weevil in any stage of development

except for scientific purposes when moved under provisions of federal or state

regulations;

(2)           Infested sweet potatoes for bedding purposes or

infested sweet potato plants or vines for planting is prohibited.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0904          MOVEMENT REGULATED

Movement of the following articles is regulated:

(1)           sweet potato roots, sweet potatoes, plants, vines

or parts thereof;

(2)           the vines or roots of other plants belonging to the

genus Ipomoea;

(3)           such other plants as may be found to be host to the

sweet potato weevil.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0905          MOVEMENT HAZARD

The movement of used containers, tops, trash or other

articles or materials may be regulated under the provisions of this quarantine

if the Commissioner, or his authorized inspector, determines a hazard of spread

exists and so notifies the owner or possessor of the article, product, or item.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0906          DISPOSITION

Regulated articles from quarantined areas that are infested

with the sweet potato weevil or have been exposed to infestation by the sweet

potato weevil may be ordered destroyed or fumigated by the owner, or destroyed

or fumigated by the Commissioner of Agriculture, in accordance with G.S. 106‑421

at the expense of the owner.  The Commissioner or his agent may allow regulated

articles to move in sealed vehicles to designated safe markets under limited

permit; however, no quarantined seed sweet potatoes will be allowed to move

under any condition in North Carolina.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0907          GROWTH AND STORAGE

No sweet potatoes or other regulated plants or articles will

be grown, stored, discarded or allowed to be exposed to sweet potato weevil in

the regulated area.  If, in the opinion of the Plant Pest Administrator, such will

not constitute a spread or development hazard, noninfested sweet potatoes for

nonseed purposes may be stored in tight warehouses, curing houses and other

buildings used for potato storage in the regulated area provided they are

protected and handled in a manner approved by the Plant Pest Administrator.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0908          CONDITIONS GOVERNING MOVEMENT OF

REGULATED ARTICLES

Regulated articles from quarantined areas may move in or

into North Carolina only under the following conditions:

(1)           To each package of sweet potatoes must be attached

a tag issued by the authorized federal or state inspector certifying the

following:

(a)           that the sweet potatoes were fumigated in a

fumigation chamber, approved by the state inspector, with methyl bromide or

other approved fumigant at the proper dosage and time of exposure necessary to

kill all stages of the weevil, and done under the supervision of the office of

the Plant Pest Administrator:

(b)           that the sweet potatoes are shipped

immediately after being fumigated;

(c)           that the car or truck was thoroughly cleaned

before loading to prevent reinfestation.

(2)           The shipper must notify the Plant Pest

Administrator, North Carolina Department of Agriculture, Raleigh, North

Carolina, at the time of shipment of the fumigated sweet potatoes giving

consignee, destination, and size of shipment.

(3)           No sweet potato plants, vines, cuttings or parts

thereof shall be moved in or into the State of North Carolina from any

regulated area.

(4)           No sweet potatoes for seed or bedding purposes or

plants will be stored in or shipped from a quarantined area.

(5)           The Commissioner or his agent may allow regulated

articles to move in North Carolina from a regulated area in North Carolina for

processing purposes if it can be determined that no spread hazard exists under

the shipping and processing conditions.  Limited permits may be issued to cover

movement of regulated articles to specified destinations for limited handling,

utilization or processing when, in the judgment of the Commissioner or his

agent, there is no spread hazard involved.

(6)           The Commissioner or his agent may adopt and enforce

regulations for the transit of regulated articles through nonquarantined areas

of North Carolina in sealed trucks enroute to safe markets that will accept

such articles for immediate consumption.

(7)           Regulated articles originating outside the

regulated area may move through or be reshipped from the regulated area when

the point of origin is clearly indicated, when their identity has been

maintained, and when the articles have been protected from contamination by the

sweet potato weevil while in the regulated area.

(8)           Certificates for movement of regulated articles

will be issued when the article meets requirements for growth, handling and

movement as is set forth in these Regulations.

(9)           Sweet potatoes or other regulated articles,

products or items for experimental use or for propagation under the supervision

of a state agency may be introduced under special permit when the Plant Pest

Administrator considers such importations safe under such precautions as he shall

specify.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0909          WAIVER OF REQUIREMENTS

When it has been determined by the Commissioner or his agent

that certification or treatments are no longer necessary or desirable under the

specified conditions of these Regulations, he may waive the certification

and/or treatment requirements on specified articles, products and items.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0910          DEALER AND HANDLER REGISTRATION

(a)  Persons moving any of the regulated articles into or

from any quarantined area, dealers, brokers, warehousemen or processors who do

any type of sweet potato business in any quarantined area shall register with

the North Carolina Department of Agriculture, Plant Industry Division.

(b)  The Commissioner may prescribe and enforce sanitary and

handling regulations both in and out of regulated areas designed to prevent the

spread or development hazard of the sweet potato weevil.

(c)  All seed sweet potatoes or transplants sold in North

Carolina by these individuals shall be accompanied by a certificate of

inspection issued by the appropriate official plant quarantine agency of the

state of origin, stating that seed potatoes, beds, and resulting transplants

were inspected and found to be apparently free of the sweet potato weevil and

that these transplants originated in a noninfested area.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .0911          RESPONSIBILITY FOR DAMAGES

The responsibility for any damages to any property, product,

article or item as a result of prescribed treatment procedures rests with the

owner or possessor of the property, product, article, or item involved and such

owner or possessor shall bear the costs of any treatments that may be required

under these Regulations.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .1000 ‑ VEGETABLE PLANT CERTIFICATION

 

02 NCAC 48A .1001          PURPOSE

These rules establish certain additional requirements

pursuant to Chapter 106, Article 31‑B of the General Statutes of North

Carolina so that vegetable transplants which are to be packed, offered or

exposed for sale or shipped into North Carolina shall be provided with a

statement as to the variety and shall also meet additional qualitative

requirements as stated in these rules.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1002          DEFINITIONS

For the purpose of this Section, the following shall apply:

(1)           Compliance Agreement.  Means a written contract

between an individual, firm or corporation engaged in shipping and/or selling

vegetable plants and the North Carolina Department of Agriculture, Plant

Industry Division, wherein the party agrees to handle or dispose of vegetable

plants, crates or labels only in a specified manner.

(2)           Inspector.  Means an authorized employee of the

North Carolina Department of Agriculture, Plant Industry Division, or any other

person authorized by the Commissioner of Agriculture to enforce the provisions

of these rules.

(3)           Seed Potato.  Means a tuber of the white potato

(Solanum tuberosum L.) or any part thereof, sold or represented for sale for

the purpose of propagation.

(4)           Variety.  Means a subdivision of a kind

characterized by growth, plant, fruit, seed, or other constant characteristics

by which it can be differentiated in successive generations from other sorts of

the same kind.

(5)           Hybrid.  Means the first generation seed of a cross

produced by controlling cross‑fertilization and combining:

(a)           two or more inbred lines or clones; or

(b)           one or more inbred lines or clones with an

open‑pollinated variety; or

(c)           two or more varieties or species, clonal or

otherwise, except open‑pollinated varieties of normally cross‑fertilized

species.

The second generation or subsequent generation seed from

such a cross shall not be designated as hybrids.  A hybrid designation when

applicable, shall satisfy the requirement for variety name in these rules.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1003          CERTIFICATE OF INSPECTION

(a)  Vegetable plants shall be deemed to be appropriately

tagged or labeled as certified vegetable plants for transplanting when the tag

or label bears a current, valid certificate of inspection:

(1)           certifying that the vegetable plants

conform to standards promulgated by the Board of Agriculture in regard to

freedom from plant pests;

(2)           indicating the grower by name or by grower

identification number;

(3)           firmly attached to each crate, bag, box or

other container of vegetable plants;

(4)           plainly visible from an outside inspection

(i.e., is not stuffed in among the plants);

(5)           which the only certificate on the container

with the possible exception of the variety statement.

(b)  Tags or labels bearing a certificate of inspection

shall not be removed from the crate, bag, box or other container nor shall the

crate, bag, box or other container be broken and the plants repacked in other

containers except under compliance agreement with the North Carolina Department

of Agriculture, Plant Industry Division.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1004          VARIETY STATEMENT

(a)  The variety name, or a statement that the variety is

mixed or is not stated, shall be placed on each crate, bag, box or other

container of vegetable plants by the grower of the plants.  The variety name or

statement shall be stamped, printed or otherwise indicated by the grower on one

of the following:  the certificate of inspection, a separate tag affixed in a

prominent place on the outside of the crate, bag, box or other container, or in

a prominent place on the crate, bag, box or other container directly.  Dealers,

brokers or any other person shall not add a variety name or statement other

than the name placed by the grower of the plants.

(b)  A person, firm or corporation shall not pack, offer or

expose for sale, or ship into this state any vegetable plants for which

unsubstantiated claims have been made or which are otherwise mislabeled as to

variety.  Shippers or dealers having in their possession plants that are

unlabeled as to variety may offer these plants for sale provided such plants

are plainly labeled variety not stated.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 ncac 48A .1005          STANDARDS

                (a)  All vegetable plants shall meet the

requirements of all applicable state and federal plant pest quarantines.

                (b)  With the exception of asparagus, onion

sets and white seed potatoes, all vegetable plants shall be field inspected

within three days of their being placed for sale or being shipped into North

Carolina.

                (c)  With respect to the indicated plants,

the following shall apply:

 

                Plant                                                                                                                                            

Tolerances

 

Tomato

               Bacterial

canker                                                                                                                                   0

               Bacterial

spot                                                                                                                                       0

               Wilt

diseases                                                                                                                                          0

               Other

injurious diseases and viruses                                                                                    apparently

free

               Root

knot and other injurious nematodes                                                                                      0

               Insects                                                                                                                                    no

apparent injury

                                                                                                                                                                    or

infestation

      Pepper

               Bacterial

spot                                                                                                                                       0

               Other

injurious diseases and viruses                                                                                    apparently

free

               Root

knot and other injurious nematodes                                                                                      0

               Insects                                                                                                                                    no

apparent injury

                                                                                                                                                                    or

infestation

      Flowers

and/or pods                                                                                                                        apparently

free

               Pepper

Weevil                                                                                                                                       0

               Sweet

Potato

               Scurf                                                                                                                                                       0

               Black

rot                                                                                                                                                0

               Soil

rot or pox                                                                                                                                       0

               Internal

cork                                                                                                                                         0

               Fusarium

wilt                                                                                                                                        0

               Other

injurious diseases and viruses                                                                                    apparently

free

               Root

knot and other injurious nematodes                                                                                      0

               Insects                                                                                                                                    no

apparent injury

                                                                                                                                                                    or

infestation

      Cabbage

and other cole crops

               Black

rot                                                                                                                                                0

               Black

leg                                                                                                                                                0

               Clubroot                                                                                                                                                0

               Yellows                                                                                                                                                   0

               Other

injurious diseases and viruses                                                                                    apparently

free

               Root

knot and other injurious nematodes                                                                                      0

               Insects                                                                                                                                    no

apparent injury

                                                                                                                                                                    or

infestation

      Eggplant

               Wilt

diseases                                                                                                                                          0

               Other

injurious diseases and viruses                                                                                    apparently

free

               Root

knot and other injurious nematodes                                                                                      0

               Insects                                                                                                                                    no

apparent injury

                                                                                                                                                                    or

infestation

      Onion

plants and sets

               White

rot                                                                                                                                                0

               Other

injurious diseases and viruses                                                                                    apparently

free

               Root

knot and other injurious nematodes                                                                                      0

               Insects                                                                                                                                    no

apparent injury

                                                                                                                                                                    or

infestation

      Asparagus

Crowns

               Fusarium

wilt and crown rot                                                                                                              0

               Other

injurious diseases and viruses                                                                                    apparently

free

               Root

knot and other injurious nematodes                                                                                      0

               Insects                                                                                                                                    no

apparent injury

                                                                                                                                                                    or

infestation

      White

seed potatoes

           Field inspection:

               Leafroll                                                                                                                                           2

Percent

               Mosaic                                                                                                                                            2

Percent

               Spindle

tuber                                                                                                                                 2

Percent

               PVYN                                                                                                                                            .75

Percent

               Total

viruses                                                                                                                                  3

Percent

               Black

leg and wilts                                                                                                                       1

Percent

               Bacterial

ring rot                                                                                                                           0

Percent

               Varietal

mixture                                                                                                                            .5

Percent

  White seed potatoes must be grown in a certified

seed program utilizing a flush through system for PVYN.

  Tuber inspection:

               Not more than a total

of five percent by weight shall be allowed for excessive damage resulting in

the following defects:

               Flea

beetle injury

               Rhizoctonia

               Pitted

scab

               Russet

scab

               Surface

scab

               Wireworm

damage

               Insects

or worms inside potato dirt

               Provided, that

included in this five percent tolerance not more than the percentages by weight

shall be allowed for the defects listed below:

      Defect

               Bacterial

ring rot                                                                                                                           0

Percent

               Damage

caused by dry or moist type

                Fusarium

tuber rot                                                                                                                       2

Percent

               Late

blight tuber rot                                                                                                                     1

Percent

               Nematode

or tuber moth injury                                                                                                 0

Percent

               Varietal

mixture                                                                                                                            .5

Percent

               Frozen

soft rot or web breakdown                                                                                            1

Percent

 

  History Note:      Statutory Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

                                Eff. January 1, 1985;

                                Amended Eff. January 1, 1994; January 1,

1991.

 

02 NCAC 48A .1006          DISPOSITION OF PLANTS FOUND IN

VIOLATION OF REQUIREMENTS

(a)  Vegetable plants packed for sale, offered or exposed

for sale, or shipped into this state found to be in violation of G.S. Chapter

106, Article 31‑B may be tagged with a "Stop‑Sale

Notice".  It shall be unlawful for any person, after receipt of such

"Stop Sale Notice", to obstruct from view or remove such notice from

plants or from any location to which attached; or to sell, give away, move or

exchange such plants until so authorized by an inspector.

(b)  Vegetable plants not meeting standards promulgated by

the Board of Agriculture in regard to freedom from plant pests may be treated,

destroyed, or otherwise disposed of in accordance with G.S. 106‑421.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1007          MOVEMENT FOR SCIENTIFIC PURPOSES

Notwithstanding the provisions of 2 NCAC 48A .1000,

vegetable plants not meeting the standards established in these rules may be

moved for experimental or scientific purposes in accordance with conditions

specified in 2 NCAC 48A .1300 provided a North Carolina scientific permit is

securely attached to the containers of such plants.

 

History Note:        Authority G.S. 106‑65.45; 106‑45.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1008          NOTIFICATION OF INTENT TO IMPORT

CERTAIN VEGETABLE PLANTS

(a)  Any person, firm, partnership or corporation who

intends to transport pepper plants (Capsicum sp.) into this state where all or

a portion of the resulting pepper crop is intended for sale, shall notify, on

forms supplied by the North Carolina Department of Agriculture, Plant Pest

Administrator, of such an intent before any shipment of such plants enters this

state.

(b)  Notification shall include:

(1)           name and address of importer;

(2)           type of vegetable plant to be imported;

(3)           name and address of transplant grower;

(4)           number of plants to be brought into North

Carolina;

(5)           approximate date of importation of plants;

(6)           intended use of plants;

(7)           other information as may be required by the

Plant Pest Administrator, Plant Industry Division.

(c)  The information contained in the notification will be

evaluated by the Plant Pest Administrator, Plant Industry Division, who will

advise the importer as to the ability of the transplant grower to meet the

certification standards of this Section as determined by a certifying agency of

the state‑of‑origin of the plants.

(d)  Pepper plants (Capsicum sp.) that are imported into

this state in violation of this Rule are subject to the penalties outlined in 2

NCAC 48A .1006.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .1100 - TOBACCO PLANT CERTIFICATION

 

02 NCAC 48A .1101          PURPOSE

The purpose of this Section is to establish requirements

under Chapter 106, Article 36 of the General Statutes of North Carolina as

amended entitled Plant Pest Law to protect tobacco producers from the

importation of pests affecting the future stability of the tobacco industry and

the general welfare of the public by prohibiting the importation of tobacco

plants into North Carolina from any other state or foreign country unless under

import permit.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985.

 

02 ncac 48A .1102          DEFINITIONS

For the purpose of this Section, the following shall be

construed respectively to mean:

(1)           Certifying Agency.  An officially recognized

inspecting or certifying agency whose standards have been determined by the

Commissioner of Agriculture to conform to the standards contained in this

Section;

(2)           Certified Tobacco Plants for Transplanting.  Plants

which have been tagged or labeled so as to indicate that such plants have been

grown under the certification procedures of the certifying agency;

(3)           Certificate of Inspection.  An official tag or

label of the officially recognized inspecting or certifying agency indicating

that the plants have been inspected by an authorized agent of such agency and

found to conform to the appropriate standards as established by law and by

these Rules;

(4)           Standards.  As applied to tobacco plants standards

shall include freedom from injurious insects, diseases, nematodes, and other

pests or the damage caused by same and means the standards with respect to

these as established and fixed in these rules;

(5)           Scientific Permit.  A document issued by the Plant

Pest Administrator to allow the movement of tobacco plants in violation of this

Section for experimental or scientific purposes;

(6)           Inspector.  Any authorized employee of the North

Carolina Department of Agriculture, Plant Industry Division, or any other

person authorized by the Commissioner of Agriculture to enforce the provisions

of this Section;

(7)           Tobacco Plant Import Permit.  A document issued by

the Plant Pest Administrator to allow the importation of tobacco transplants;

(8)           Emergency Conditions.  Any plant bed failure due to

but not limited to environmental conditions or pest infestations of a local or

general nature.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985.

 

02 ncac 48a .1103          UNLAWFUL USE OR DISTRIBUTION OF PLANTS

(a)  No person, firm, company, partnership or corporation

(hereinafter "person") shall pack, transport, sell or offer for sale,

ship or bring into or plant in this state any tobacco plants produced out of

state unless such plants are certified tobacco plants and are imported under

the tobacco plant import permit.

(b)  Only certified tobacco plants shall be sold or offered

for sale in North Carolina, except that a person may sell or donate uncertified

tobacco plants produced in North Carolina to residents of this state provided

the planting location is within 75 miles from where the plants were produced.

(c)  A North Carolina resident, including any firm, company,

partnership or corporation having its principal place of business in this

state, engaged in the production of tobacco on land located both in North

Carolina and a contiguous state, may apply to the Plant Pest Administrator for

an exemption from the certification and importation requirements of this

Section.  Exemptions may be granted if each of the following conditions exist:

(1)           the land is used for tobacco production;

(2)           the land lies both in this state and a

contiguous state; and

(3)           the land does not extend more than 30 miles

from the North Carolina border.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985;

Amended Eff. April 1, 1997; October 1, 1989.

 

02 NCAC 48A .1104          INFESTED PLANTS

Any tobacco plants in North Carolina whether or not

accompanied by a certificate of inspection, found infested with or damaged by

injurious pests, are infested plants and are hereby declared a public nuisance

and may be returned to the shipper, treated, destroyed or otherwise disposed of

by the inspector without compensation to the consignor.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985.

 

02 NCAC 48A .1105          STOP SALE OR USE NOTICE

(a)  Any inspector of the North Carolina Department of

Agriculture shall have the authority to issue a "Stop Sale or Use

Notice" when tobacco plants are found to be or suspected to be infested or

not grown and inspected as required by any provision of law or these rules.

(b)  It shall be unlawful for any person, after receipt of

such "Stop Sale or Use Notice," to remove such notice from plants or

from any location to which attached; or, to sell, give away, move, plant or

exchange such plants until so authorized by an inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985.

 

02 NCAC 48A .1106          DISPOSITION OF PLANTS IN VIOLATION

Plants on which a Stop Sale or Use Notice has been issued

shall be removed from any sales area so as not to be exposed for sale.  The

inspector may, when it is deemed advisable, require plants in violation to be

returned to shipper, treated, destroyed, or otherwise disposed of.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985.

 

02 NCAC 48A .1107          EMERGENCY CONDITIONS

(a)  The Commissioner of Agriculture may waive this Section

in whole or in part or set standards as to pest or disease tolerances different

from those in Rule .1110 of this Subchapter when it has been determined that

emergency conditions warrant such action.

(b)  Any grower applying for an emergency waiver shall make

verbal application to the Commissioner of Agriculture followed by a written

application stating the conditions under which he requests such waiver and certify

that he has made an effort to grow his own plants, obtain plants on a local

level or obtain plants elsewhere within the states that comply with this

Section and that such plants were not available.

(c)  A review committee made up of the Commissioner of

Agriculture, the Plant Pest Administrator, Plant Industry Division and a

representative of the Dean, School of Agriculture and Life Sciences, North

Carolina State University, Raleigh, shall review such requests and reply to the

applicant in writing in not less than one working day or more than five working

days from the receipt of such application.

(d)  The review committee may upon the application of one or

more growers from a given geographical area and upon determination by the

committee that an emergency condition exists waive all or part of this Section

for a designated geographical area.

(e)  The decision whether or not to waive all or part of

this Section will be based on knowledge gained from county agricultural

extension agents, tobacco growers, Department of Agriculture personnel,

extension tobacco specialists, and other tobacco workers having knowledge of

the conditions in the geographical area of the applicant.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985.

 

02 NCAC 48A .1108          SECTION NOT APPLICABLE

The provisions of this Section shall not apply to the sale

of plants produced in North Carolina for use outside North Carolina provided

that such plants are found not to be infested with pests such that the exposure

for sale or planting is deemed by Commissioner or his agent to be a hazard to

the tobacco industry of North Carolina.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985.

 

02 NCAC 48A .1109          TOBACCO PLANT IMPORT PERMIT

(a)  Any tobacco producer may submit application for a

tobacco plant import permit so that he may obtain tobacco transplants from an

out‑of‑state transplant grower.

(b)  Applications for such permission will be subject to the

following conditions:

(1)           Applications in writing shall be made to

the Plant Pest Administrator, Plant Industry Division.

(2)           Applications shall include the following:

(A)          name and address of North Carolina tobacco producer,

(B)          name and address of transplant grower,

(C)          number of plants to be brought into North Carolina,

(D)          location of where plants are to be set out in North

Carolina,

(E)           reason for bringing plants into North Carolina as

opposed to growing or obtaining plants from within North Carolina.

(3)           Applications will be reviewed by the Plant

Pest Administrator, Plant Industry Division and either approved or disapproved

based on:

(A)          information contained in the application,

(B)          past performance of the transplant grower as

determined by a certifying agency,

(C)          ability of the transplant grower to meet the

certification standards of this Section as determined by a certifying agency.

(4)           Applications may be initially approved and

later disapproved if it becomes apparent that:

(A)          the transplants to be brought into North Carolina do

not meet the certification standards of this Section, or

(B)          the North Carolina tobacco producer has provided

false or misleading information on his application to import tobacco

transplants.

(c)  All tobacco plants imported under permit shall be

inspected by the certifying agency of the state of origin based on standards

contained in this Section.

(d)  All containers of tobacco plants imported under permit

shall be subject to the following conditions:

(1)           The certificate of inspection must be

firmly attached to each container of tobacco plants so as to be plainly visible

from the outside:

(A)          inspection tape used to tie plants in bundles may

have the certificate of inspection printed on it but stuffing a certificate in

among the plants inside a container is not permitted;

(B)          the current valid certificate or a printed copy must

be the only certificate on the container, all old certificates must be removed

or voided.

(2)           The certificate of inspection shall show

the name of the grower and location at which the plants were grown.

(3)           The variety name shall be stamped or

printed on the certificate of inspection by the grower.

(4)           Any person, firm or corporation who

willfully sells plants that have been mislabeled as to variety purity shall be

guilty of a violation of this Section.  Each sale or unsubstantiated claim

shall be a separate violation.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985.

 

02 NCAC 48A .1110          STANDARDS

(a)  All tobacco plants shall meet the requirements of all

applicable state and federal plant pest quarantines.

(b)  All certified tobacco plants offered for sale or

imported under permit into North Carolina shall meet the following

requirements:

(1)           The soil in the beds in which the plants

are to be grown shall be fumigated under plastic cover with methyl bromide

(minimum 60 percent in formulation at the rate indicated on the label for

tobacco transplant beds).

(2)           All plants shall be field inspected a

maximum of five days prior to their being offered for sale in North Carolina.

(3)           All plants shall be found apparently free

from all injurious plant pests including but not limited to insects, diseases

and nematodes.

(4)           All plants shall be apparently free of blue

mold, target spot, black shank, Granville wilt, Fusarium wilt, virus diseases

and root knot nematodes.

(5)           To aid in ensuring apparent freedom from

injurious plant pests, the grower shall make full use of all compatible and

approved pest control practices during the growing of the transplants.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. April 1, 1985;

Amended Eff. April 1, 1997; June 1, 1991.

 

SECTION .1200 ‑ NURSERY CERTIFICATION

 

02 NCAC 48A .1201          DEFINITIONS

Definitions:

(1)           Agent.  Any person who solicits, takes orders or

sells nursery stock or collected plants for a nurseryman or dealer off the

premises or place of business of said nurseryman or dealer;

(2)           Collected Plant.  Any nursery stock, other than

currently certified nursery stock, which is dug or gathered from any location;

(3)           Collected Plant Certificate.  A document issued by

the North Carolina Department of Agriculture which declares that the person

named on the certificate has given satisfactory evidence that all nursery stock

collected by him will be in accordance with the plant pest regulations of the

North Carolina Department of Agriculture;

(4)           Collected Plant Regulated Area.  Any counties or

parts of counties in the State of North Carolina listed or provided for in

these Rules; when it is determined that there are large numbers of plants

collected in any area of the state, or that movement of nursery stock presents

a hazard because of plant collections in that regulated area;

(5)           Infestation.  The presence of any plant pest which

is regarded as injurious;

(6)           Inspector.  An employee of the North Carolina

Department of Agriculture designated by the Commissioner to enforce these

Regulations;

(7)           Nursery.  Any place where any of the plants defined

as nursery stock are grown for distribution or sale;

(8)           Nursery Dealer.  Any person not a grower of nursery

stock who obtains certified nursery stock and/or collected plants for the

purpose of distribution or sale independent of the control of a nursery;

(9)           Nursery Dealer Certificate.  A document issued by

the North Carolina Department of Agriculture which declares that the person

named on the certificate has given satisfactory evidence that all nursery stock

sold or otherwise disposed of by him will be such as was secured from regularly

certified nurseries or certified plant collectors;

(10)         Nurseryman.  Any person who owns, leases, manages or

is in charge of a nursery;

(11)         Nursery Registration Certificate.  A document issued

by the North Carolina Department of Agriculture which declares that the person

named on the certificate has listed his name, address, and location with the

Plant Industry Division, Plant Protection Section of the North Carolina

Department of Agriculture, and is authorized to distribute or sell nursery

stock within the state;

(12)         Nursery Stock.  All wild or cultivated plants or

parts thereof, trees, shrubs, vines, bulbous plants and roots, grafts, scions

and buds. Excluded are:

(a)           annual plants;

(b)           cut flowers;

(c)           tree, field, vegetable, flower or other true

seeds;

(d)           decorative plants or plant parts without

roots not intended for propagation; and

(e)           perennial plants intended for indoor use

that are produced in North Carolina.

These exclusions may not apply to plants for which an

inspection is required to facilitate movement or is required by another rule in

this Chapter;

(13)         Person.  Individual, corporation, partnership, firm

or association;

(14)         Plant Inspection Certificate.  A document issued by

the North Carolina Department of Agriculture or the appropriate plant pest

regulatory agency of any other state which declares that the plants grown by

the person named on the certificate have been inspected and found apparently

free of injurious plant pests;

(15)         Shipping Tag.  A tag issued by an authorized

inspector of the North Carolina Department of Agriculture which accompanies

individual shipments of plants which states the number and identity of all the

plants in the shipment and declares the apparent freedom from injurious pests.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990; October 1, 1989.

 

 

 

02 NCAC 48A .1202          NURSERIES TO APPLY FOR INSPECTION OR

REGISTRATION

(a)  All nurserymen who distribute nursery stock in North

Carolina, except as provided in (b) of this Rule, shall make application to the

Plant Industry Division for inspection prior to offering plants for

distribution or sale.

(b)  All nurserymen whose business is less than one acre in

size and whose sales are confined to North Carolina shall register their

nurseries with the Plant Industry Division prior to distributing or selling any

nursery stock.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1203          OTHER PLANT INSPECTIONS

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Repealed Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1204          CLASSIFICATION OF NURSERIES

All nurseries in North Carolina shall be classified as

certified or registered.  All nurserymen have the right to request the category

to which they are assigned.  Final assignment may be based on agreement between

the inspector and nurseryman.

(1)           Certified.  Any nursery that is one acre or more in

size or that produces and distributes or sells nursery stock outside the state:

(a)           Retail Nursery.  Any nursery where 80

percent or more of the nursery stock sold is to the final consumer;

(b)           Wholesale Nursery.  Any nursery where 80

percent or more of the nursery stock sold is to other nurseries, dealers or

persons for resale;

(c)           Retail and Wholesale Nursery.  Any nursery

where sales consist of nursery stock which is sold as follows:

(i)            directly to the final consumer, and

(ii)           to other nurseries and/or dealers for

resale with the percentage of sales for categories (a) and (b) being less than

80 percent each;

(2)           Registered.  Any nursery less than one acre in size

that produces but does not distribute or sell nursery stock outside the state;

(3)           Institutional.  Any nursery owned or operated by

any governmental agency.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1205          FEES

Fees for nursery inspection or registration based on acres

of salable nursery stock are as follows:

(1)           Certified:

First acre or fraction thereof              $100.00

Each additional acre                           $   

3.00

(2)           Registered                                             $ 

20.00

(3)           Institutional                                          None

A certificate shall not be issued until the nursery has

complied with all plant pest quarantine rules in this Chapter and all

inspection or registration fees are paid.

 

History Note:        Authority G.S. 106-65.45; 106-65.46;

106-284.18; 106-420;

Eff. January 1, 1985;

Amended Eff. August 1, 2010.

 

02 NCAC 48A .1206          CERTIFICATE REQUIRED

No person shall distribute, sell or offer for sale nursery

stock or collected plants without a valid nursery dealer certificate, plant

inspection certificate or nursery registration certificate as required in these

rules.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1207          NURSERY INSPECTION AND RECORD‑KEEPING

(a)  A plant inspection certificate shall be issued after

the nursery has been inspected by an inspector of the North Carolina Department

of Agriculture, found apparently free of injurious plant pests, and the proper

fee paid.  An inspection shall be conducted at least once annually prior to

September 30 of each year.  The certificate shall be valid until September 30

of the following year, but may be revoked or suspended for cause in accordance

with the provisions of G.S. Chapter 150B.

(b)  A nursery registration certificate shall be issued

after the nursery has been inspected by an inspector of the North Carolina

Department of Agriculture, found apparently free of injurious plant pests, less

than one acre in size, and the proper fee paid.  An inspection shall be

conducted at least once every three years.  Registration may be revoked or

suspended for cause in accordance with the provisions of G.S. Chapter 150B.  A

person who holds a nursery registration certificate shall immediately report to

the Plant Industry Division any changes in acreage or shipping procedures when

such changes result in their being placed in a different nursery

classification, (i.e. an increase in business size to one acre or more or out‑of‑state

sales).

(c)  All nurserymen may be required to keep accurate records

of plant acquisitions and sales when such records are deemed necessary by the

Plant Pest Administrator in order to trace the spread of plant pests.  The

records shall be presented upon request to any authorized inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1208          NURSERY DEALER CERTIFICATE

(a)  Persons who maintain no regular nursery but who deal in

nursery stock grown in certified or registered nurseries or who deal in

collected plants shall be required to possess a nursery dealer certificate.  To

obtain such a certificate, the nursery dealer shall submit an application

listing all sources of nursery stock and collected plants to be distributed or

sold.  It shall be a violation of this Section for a nursery dealer to

distribute or sell nursery stock or collected plants which have not been

inspected and certified by an inspector in North Carolina or an authorized

plant pest regulatory official of another state or country.

(b)  The annual fee for a nursery dealer certificate shall

be fifty dollars ($50.00) for each location from which nursery stock is sold,

bartered, exchanged or given away.  This certificate expires December 31 of

each year.

(c)  All nursery stock or collected plants in the custody of

any dealer shall be subject to inspection at any time and shall be maintained

in certifiable condition.  Dealer certificates may be revoked at any time for

cause.  Records shall be kept of all plant acquisitions and shall be made

available to any inspector of the North Carolina Department of Agriculture and

Consumer Services upon request.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990;

Temporary Amendment Eff. November 24, 2003;

Amended Eff. June 1, 2004.

 

02 NCAC 48A .1209          COLLECTED PLANT CERTIFICATE

Persons who dig or gather collected plants must possess a

collected plant certificate.  To obtain such a certificate, the collector must

submit to the Plant Industry Division an application which states where

collected plants are to be obtained. Upon a determination by the Division that

the proposed collection of plants will comply with all plant pest quarantine

rules in this Chapter, and payment of an annual fee of twenty dollars ($20.00),

a collected plant certificate shall be issued. This certificate expires

September 30 of each year, but may be revoked sooner for failure to comply with

the plant pest quarantine rules in this Chapter.  A record of plant collections

and sales shall be maintained and shall be made available to any inspector of

the North Carolina Department of Agriculture upon request.  Nurserymen who also

collect plants must have a collected plant certificate in addition to a nursery

certificate.  This requirement is waived for digging or collection of plants

from the National Forest Land on Roan Mountain, Mitchell County, North

Carolina.

 

History Note:        Authority G.S. 106-65.45; 106-65.46;

106-284.18; 106-420;

Eff. January 1, 1985;

Amended Eff. August 1, 2010.

 

02 NCAC 48A .1210          INFESTED STOCK IN NURSERY

When nursery stock in the nursery is found by the inspector

to be infested with any plant pest, the certificate may not be issued until the

infested stock has been treated or destroyed to the extent that the salable

stock to be covered by the certificate shall be apparently free of plant

pests.  The authorized inspector making the inspection may prescribe such

treatment as may be necessary and shall require full compliance before issuing

a certificate.  Should it be necessary for the inspector to make additional

visits to the nursery to check compliance with recommended procedure, charges

may be assessed for each subsequent visit on the same basis as for the initial

inspection.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1211          NORTH CAROLINA NURSERIES

(a)  Every carload, box, package or other shipping container

of nursery stock or collected plants which is distributed or sold by any person

whose place of business is in North Carolina shall be accompanied by a copy of

a valid North Carolina nursery certificate or nursery registration certificate

or North Carolina nursery dealer certificate, plainly and securely attached

unless the shipment bears a shipping tag.

(b)  Any shipment of nursery stock which is not accompanied

by a valid copy of a nursery certificate, nursery registration certificate,

nursery dealer certificate or shipping tag as required is hereby declared to be

a public nuisance and may be returned to shipper, destroyed or otherwise

disposed of by the inspector without compensation to the consignor, and the

consignor will be notified as to the disposition of such shipments.

(c)  Out‑of‑date certificates cannot be revised

and used after expiration nor can the date and number of expired copies of

certificates be changed and such copies used after expiration of the original

certificate.  The wording and form of this copy shall be the same as that of

the original certificate furnished by the Department of Agriculture and all

copies must be complete, printed in full, with issuance and expiration date and

number included.

(d)  At the discretion of the enforcing agency any holder of

a plant inspection certificate, nursery registration certificate or nursery

dealer certificate may be required to submit a sample of the printed copy for

approval.

(e)  When satisfactory agreements can be reached, permission

may be granted for the printing of permanent certificates or other acceptable

facsimiles of the certificate.  These permanent certificates will be subject to

revocation at any time for cause.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1212          OUT‑OF‑STATE NURSERIES

Every carload, box, package or other container of nursery

stock originating outside North Carolina and being moved into North Carolina

for customer delivery or for resale must have attached to it a tag or certificate

stating in effect that the nursery stock being moved has been inspected and

certified as apparently free from injurious plant pests by an authorized

official of the state of origin.  The shipment must bear the name and address

of the shipper.  Any shipment of nursery stock entering North Carolina not

meeting these requirements is hereby declared to be a public nuisance and may

be returned to shipper, treated, destroyed or otherwise disposed of by the

inspector, without compensation to the shipper.  The tag or certificate shall

in no way be meant to void the requirements of any federal or state plant pest

quarantine.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1213          INFESTED PLANTS FROM OUT‑OF‑STATE

Any plants moving from outside North Carolina for delivery

in North Carolina, whether or not included under the definition of nursery

stock and whether or not accompanied by a tag or certificate of inspection or

dealer certificate, found to be infested with injurious plant pests, is hereby

declared a public nuisance and may be returned to the shipper, treated,

destroyed or otherwise disposed of by the inspector without compensation to the

consignor.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1214          RECIPROCITY AGREEMENT

All out‑of‑sate nurseries and dealers located in

states which require a registration fee of North Carolina nurseries and dealers

will be charged the same fee for shipping nursery stock into North Carolina as

that required of North Carolina nurseries and dealers for shipping into such

states.  Those states which require no registration fee of North Carolina

nurseries and dealers shall not be required to pay a fee for registration and

movement of nursery stock into North Carolina.  As of this time, no other

states require fees of North Carolina nurserymen.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1215          FOREIGN COUNTRIES

(a)  Any person receiving directly or indirectly any nursery

stock or other living plants or plant parts, including seed, from foreign

countries shall notify the Plant Industry Division of the arrival of such

shipment, of the contents thereof, and the name and address of the grower and

consignor, and shall hold such shipment in the original container for

inspection for a 10‑day period unless otherwise directed by an inspector

of the Plant Industry Division.

(b)  At the discretion of the Plant Pest Administrator, any

nursery stock or other living plants or plant parts, including seeds, may be

required to be grown under a state postentry quarantine.  When such a situation

arises, the Plant Pest Administrator may prescribe the exact conditions of this

quarantine.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1216          TRANSPORTATION COMPANIES

(a)  No transportation company or common carrier or agent

thereof shall receive for transportation and delivery within North Carolina any

carload, box, bale, package or other container of nursery stock from a point

outside North Carolina unless such container shall have plainly and securely

attached thereto a copy of a certificate of inspection or dealer certificate or

shipping tag where applicable, valid at the time the shipment is received, made

in favor of the consignor and issued by the authorized official of state of

origin.

(b)  No transportation company or common carrier or agent

thereof shall receive for transportation and delivery from any point in North

Carolina to another point with North Carolina any carload, box, bale, package

or other container of nursery stock unless such container shall have plainly

and securely attached thereto a copy of a plant inspection certificate, nursery

registration certificate, or nursery dealer certificate or shipping tag where

applicable, valid at the time the shipment is received, made in favor of the

consignor and issued by an inspector.

(c)  If any transportation company or common carrier

receives any carload, box, package or other container of plant material from a

point outside of North Carolina for delivery in North Carolina or nursery stock

from a point within North Carolina for delivery to another point within North

Carolina which is not accompanied by a nursery certificate, nursery

registration certificate, shipping tag where applicable, they shall immediately

notify the North Carolina Department of Agriculture, and shall hold from

delivery such container of nursery stock until released by an inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Amended Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1217          AGENTS AND SALES YARDS TO BE

REGISTERED

All nurseries shall list with the Plant Industry Division

agents and/or sales yards at the time of inspection or by September 30 of each

year.  All nursery dealers shall list with the Plant Industry Division their

agents by December 31 of each year.  No person shall represent himself as an

agent of a nursery or nursery dealer without being registered with the Plant

Industry Division.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1218          STOP SALE NOTICE

(a)  Any inspector of the North Carolina Department of

Agriculture shall have the authority to issue a "Stop Sale Notice"

when nursery stock and/or collected plants are found to be or suspected to be

in violation of any provisions of these Regulations or any other regulations as

adopted under the North Carolina Plant Pest Law.  A Notice of Stop Sale Action

shall be filled out by the inspector each time a Stop Sale Notice is issued.

(b)  It shall be unlawful for any person, after receipt of

such "Stop Sale Notice", to obstruct from view or remove such notice

from plants or from any location to which attached; or to sell, give away, move

or exchange such plants until so authorized by an inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1219          EXEMPTIONS

The Commissioner of Agriculture is hereby authorized to

exempt charitable organizations from all fee requirements of these Regulations

when conditions indicate that such action is warranted.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1220          CONDITIONS GOVERNING THE MOVEMENT OF

NURSERY STOCK

Each shipment of nursery stock and/or collected plants moved

from a collected plant regulated area shall be accompanied by a shipping tag

which may be issued by an inspector after the plants have been inspected and

found apparently free of injurious plant pests.  Plants not passing inspection

shall be handled or disposed of as directed by the inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1221          COLLECTED PLANT REGULATED AREAS

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985;

Repealed Eff. December 1, 1985.

 

 

 

02 NCAC 48A .1222          EXPORT CERTIFICATION INSPECTION FEE

Persons requesting inspection of plants or plant products

for purposes of obtaining federal export certification shall be charged the

same fee charged by the United States Department of Agriculture.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1991.

 

 

 

 

 

SECTION .1300 ‑ MOVEMENT FOR SCIENTIFIC PURPOSES

 

02 NCAC 48A .1301          MOVEMENT FOR SCIENTIFIC PURPOSES

(a)  Notwithstanding any other provisions of these rules,

plants and plant material may be moved for experimental or scientific purposes

provided a scientific permit is securely attached to the container of such

articles or to the article itself.

(b)  An application for a permit to move regulated articles

shall be obtained from:

Plant Industry

Division

North Carolina

Department of Agriculture

Post Office Box 27647

Raleigh, North

Carolina 27611

This application should be returned to the Plant Industry

Division for processing.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1302          PROCEDURE FOR ISSUANCE OF PERMIT

(a)  The procedure for processing an application to move

regulated articles is as follows:

(1)           application is received and reviewed to see

if it is properly completed by plant protection staff;

(2)           application is forwarded to appropriate

area office for review of conditions at the site;

(3)           application returned to the state office

for final review;

(4)           applicant is notified of acceptance or

rejection of application.  If accepted the proper number of scientific permits

are issued.

(b)  Decisions on acceptance or rejection of applications

for movement of regulated articles for scientific purposes are based on the

following criteria;

(1)           pest risk hazard;

(2)           safeguards against spread which can be

applied,

(3)           conditions under which the pest or

regulated article is to be held,

(4)           amount of material involved,

(5)           biological conditions in the area in which

the regulated article is to be moved,

(6)           method of packaging and method of shipment

to be employed,

(7)           use for which the regulated article is to

be applied.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .1400 ‑ FORMS

 

02 NCAC 48A .1401          DESIGNATIONS

The forms used by the Plant Protection Section in plant pest

activities will be known by the following title and numerical designations:

(1)           Limited Permit‑‑PP1;

(2)           Certificate‑‑PP2;

(3)           Application for Permit to Move Regulated Articles‑‑PP3;

(4)           Scientific Permit‑‑PP4;

(5)           Plant Pest Quarantine Compliance Agreement‑‑PP5;

(6)           Nursery Dealer Certificate‑‑PP6;

(7)           Collected Plant Certificate‑‑PP7;

(8)           Stop Sale Notice‑‑PP8;

(9)           Nursery and Collected Plant Inspection Report‑‑PP9;

(10)         Plant Material Shipping Tag‑‑PP10;

(11)         Application To Import Tobacco Plants‑‑PP11;

(12)         Nursery Registration Certificate‑‑PP12;

(13)         Plant Inspection Certificate‑‑PP13;

(14)         Notification Of the Intent To Import Vegetable Plants‑‑PP14.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1402          FORM PP1

(a)  Form PP1 is the permit issued for articles contained in

a shipment which meets the requirements of all North Carolina plant pest

quarantines.  The following information is required:

(1)           date issued;

(2)           void after;

(3)           shipped by;

(4)           shipped from;

(5)           consigned to;

(6)           vehicle identification.

(b)  Issuance of the permit requires the quantity and

article identification.

(c)  The permit must be signed by an inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1403          FORM PP2

Form PP2 is issued certifying the articles under all

applicable state plant pest quarantines.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1404          FORM PP3

(a)  Form PP3 is the application for a permit to move

regulated articles.

(b)  The following information is required of the applicant:

(1)           scientific name or type of material;

(2)           number of units or specimens;

(3)           origin;

(4)           usual host of organism if applicable;

(5)           name of host which will accompany organism

if applicable;

(6)           total number of parcels;

(7)           destination;

(8)           date of arrival or movement;

(9)           method of shipment;

(10)         method of packaging;

(11)         intended use;

(12)         precautions to be used to prevent

dissemination;

(13)         name and address of applicant;

(14)         agreement between applicant to handle and

dispose of any portion of above shipment as prescribed by the Plant Industry

Division.

(c)  Upon approval the permit is issued to the applicant

stipulating any additional conditions and number of permits issued.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1405          FORM PP4

(a)  Form PP4 is a permit issued for the movement of

articles for scientific purposes.

(b)  The following information is required:

(1)           permit valid until date specified;

(2)           contents;

(3)           date of issue.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1406          FORM PP5

Form PP5 is a plant pest quarantine compliance agreement

which requires the following information:

(1)           name, address, and location of establishment;

(2)           applicable quarantines.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1407          FORM PP6

(a)  Form PP6 is required by any person who does not

maintain a regular nursery but deals in the selling of nursery stock.

(b)  The annual fee for a nursery dealer certificate is ten

dollars ($10.00).

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1408          FORM PP7

(a)  Form PP7 is a certificate issued upon approval by the

Plant Industry Division to a person who digs or gathers collected plants.

(b)  A payment of an annual fee of one dollar ($1.00) is

required before issuance of this certificate.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1409          FORM PP8

(a)  Form PP8 is a stop sale notice tag which can be issued

when plants or other regulated commodities are found to be in violation of any

requirements of 2 NCAC 48A.

(b)  The sale, barter, exchange, or giving away of plants or

other articles listed on this tag is forbidden.  The tag lists the following

information:

(1)           kind and quantity of plants or articles;

(2)           reason for stop sale;

(3)           date and signature of inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1410          FORM PP9

(a)  Form PP9 is a nursery and collected plant inspection

report to accompany each shipment of nursery stock and collected plants that is

moved from a collected plant regulated area.

(b)  Shipment must have been previously inspected and be

apparently free of injurious plant pests.

(c)  The report lists the following information:

(1)           specific nursery stock to be moved;

(2)           signature of inspector and date inspected;

(3)           void date.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1411          FORM PP10

(a)  Form PP10 is a plant material shipping tag for the same

purpose of shipment described in 2 NCAC 48A .1410.

(b)  This tag can be used in lieu of PP9 for general plant

certification.

(c)  This tag can also be used for certification of plant

material where applicable under any other Sections of 2 NCAC 48A.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1412          FORM PP11

(a)  Form PP11 is an application for a permit to import

tobacco plants from an out‑of‑state transplant grower.

(b)  The following information is required of the applicant:

(1)           name and address of applicant;

(2)           planting location in North Carolina;

(3)           number of plants to be purchased;

(4)           approximate date of importation;

(5)           name and address of transplant grower;

(6)           reason for making application to import

tobacco plants;

(7)           agreement between the applicant and the

Plant Industry Division, North Carolina Department of Agriculture of the

arrival of any imported plants that they may be inspected and is aware that the

plants may be ordered destroyed or returned to the transplant grower or the

permit revoked at any time if it is determined that the plants do not meet the

standards of the tobacco plant regulation or that false information has been

given on the application.

(c)  Upon approval a signed copy of the application by the

Plant Pest Administrator, Plant Industry Division, serves as a permit and is

returned to the tobacco producer.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1413          FORM PP12

(a)  Form PP12 is a certificate issued after a registered

nursery has submitted their name, address, telephone number, and acreage to the

Plant Protection Section.  A registered nursery is less than one acre in size

and does not ship stock out‑of‑state.

(b)  The annual fee for registration is six dollars ($6.00).

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1414          FORM PP13

Form PP13 is a certificate issued after nursery stock in a

certified nursery has been inspected and found apparently free of injurious

plant pests and a fee based on acreage is paid.  This certificate is required

of all nurseries in the state that are over one acre in size or ship nursery

stock out of the state.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1415          FORM PP14

Form PP14 is a notification of the intent to import certain

vegetable plants from an out‑of‑state transplant grower.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

02 NCAC 48A .1416          COPIES AND SUBMISSIONS OF FORMS

Copies of forms may be obtained from and completed forms may

be submitted to the following address:

Plant Protection Section

Plant Industry Division

North Carolina Department of Agriculture

Post Office Box 27647

Raleigh, North Carolina 27611

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .1500 ‑ GYPSY MOTH

 

02 NCAC 48A .1501          DEFINITIONS

For the purposes of this Section, the following shall apply:

(1)           Associated Equipment.  Articles associated with

mobile homes and recreational vehicles, such as, but not limited to, awnings,

tents, outdoor furniture, trailer blocks, and trailer skirts;

(2)           Certificate.  A document issued or authorized to be

issued by an inspector to allow the movement of regulated articles to any

destination;

(3)           Compliance Agreement.  A written agreement between

a person engaged in growing, handling, or moving regulated articles, and the

North Carolina Department of Agriculture, Plant Industry Division, wherein the

former agrees to comply with the requirements of the compliance agreement;

(4)           Exemptions.  Conditions contained in these

Regulations which provide for modifications in conditions of movement of

regulated articles from regulated areas under specified conditions;

(5)           Hazardous Recreational Vehicle Site.  Any site

where a recreational vehicle is, or may be parked, and it is determined in the

professional judgment of an inspector that such site harbors populations of

gypsy moths that could be spread by movement of recreational vehicles or

associated equipment;

(6)           Infestation:

(a)           The presence of gypsy moths based on the

trapping of male moths in such a pattern which indicates the establishment of a

reproducing population; or

(b)           The detection of any other life stage of the

gypsy moth through visual inspection in a sufficient population to present a

regulatory hazard; however, it does not include the presence of life stages of

the gypsy moth not established in the wild which are found as a result of

hitchhiking on transitory means of conveyance;

(7)           Inspector.  Any authorized employee of the North

Carolina Department of Agriculture, Plant Industry Division, or any other

person authorized by the Commissioner of Agriculture to enforce the provisions

of this quarantine;

(8)           Mobile Home.  Any vehicle, other than a

recreational vehicle, designed to serve, when parked, as a dwelling or place of

business;

(9)           Permit.  A document issued or authorized to be

issued by an inspector to allow the movement of noncertified regulated articles

to a specified destination for particular handling, utilization, or processing,

or for treatment;

(10)         Gypsy Moth.  The live insect, Lymantria dispar

Linnaeus, in any life stage (egg, larva, pupa, adult);

(11)         Recreational Vehicles.  Highway vehicles, including

pickup truck campers, one‑piece motor homes, and travel trailers,

designed to serve as a temporary place of dwelling;

(12)         Regulated Areas.  Any counties or parts of counties

in the State of North Carolina listed or provided for in these rules;

(13)         Outdoor Household Articles.  Articles associated

with a household that have been kept outside the home such as outdoor

furniture, barbecue grills, dog houses, boats, hauling trailers, garden tools,

tents, and awnings;

(14)         Scientific Permit.  A document issued by the North

Carolina Department of Agriculture, Plant Industry Division to authorize the

movement of regulated articles to a specified destination for scientific

purposes.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988.

 

 

 

02 NCAC 48A .1502          REGULATED ARTICLES

The following articles are regulated under the provisions of

this Section:

(1)           the gypsy moth (Lymantria dispar Linnaeus) in any

living stage of development;

(2)           trees with roots, and shrubs with roots and

persistent woody stems, except if greenhouse grown throughout the year;

(3)           logs and pulpwood, except if moved to a mill

operating under a compliance agreement;

(4)           firewood (unless moved as an outdoor household

article);

(5)           mobile homes and associated equipment;

(6)           recreational vehicles and associated equipment

(unless moving as an outdoor household article), moving from a hazardous

recreational vehicle site when the person in charge of the site has been

notified;

(7)           cut Christmas trees or trees without roots;

(8)           any other products, articles, or means of

conveyance, of any character whatsoever, when it is determined by an inspector

that any life stage of gypsy moth is in proximity to such articles and the

articles present a high risk of artificial spread of gypsy moth infestation and

the person in possession thereof has been so notified.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988.

 

 

 

02 NCAC 48A .1503          REGULATED AREAS

The following areas are regulated areas under the provisions

of this Section:

(1)           any area outlined in 7 C.F.R. 301.45;

(2)           Currituck ‑ The entire county;

(3)           that area of Dare County east of Currituck Sound

and north of state road 1208 (Kitty Hawk Road) to Currituck County line;

(4)           other areas ‑ Any other areas in the State of

North Carolina now known or hereafter found infested with gypsy moth, such

other areas to become immediately subject to these rules when the property

owner or his agent is notified by the Plant Pest Administrator through direct

written notice to those concerned.  Such newly infested areas shall be

presented at least one time annually to the Board of Agriculture and said board

can rescind or confirm such regulated areas.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988.

 

 

 

02 NCAC 48A .1504          CONDITIONS GOVERNING THE MOVEMENT OF

REGULATED ARTICLES

The following conditions govern the movement of regulated

articles:

(1)           Certificate or permit ‑ Unless exempted, a

certificate or permit must accompany the movement of regulated articles from

any regulated area into or through any point outside thereof.  Regulated

articles originating outside of a regulated area may be moved without a

certificate or permit if the point of origin is clearly indicated on the

shipping document accompanying the regulated articles provided, in the case of

articles moved through a regulated area, the regulated articles are protected

from infestation, while within regulated areas, to the satisfaction of an

inspector;

(2)           Issuance of certificates ‑ Certificates may

be issued by an authorized inspector for movement of regulated articles under

any of the following conditions:

(a)           In the judgement of the inspector, they have

not been exposed to infestations;

(b)           They have been examined by the inspector and

found to be free of gypsy moths;

(c)           They have been treated to destroy gypsy

moths under the direction of the inspector and according to methods selected by

him from administratively authorized procedures known to be effective under the

conditions in which applied;

(d)           Grown, produced, manufactured, stored, or

handled in such manner that, in the judgement of the inspector, gypsy moths

would not be transmitted by movement of the article.

(3)           Issuance of permits ‑ Permits may be issued

by an authorized inspector for the movement of noncertified regulated articles

to specified destinations under conditions specified for limited handling, use,

processing, or treatment;

(4)           Federal certificates or permits ‑ Federal

certificates or permits can be used on all regulated articles interchangeably

with North Carolina Department of Agriculture, Plant Industry Division

Certificates;

(5)           Use of certificates or permits with shipments ‑

All regulated articles are required to have a certificate or permit attached

when offered for movement.  If a certificate or permit is attached to the

invoice or waybill, the attachment of a certificate or permit to the regulated

article will not be required.  Certificates or permits attached to the invoice,

waybill, or other shipping document, shall be given by the carrier to the

consignee at the destination of the shipment, or to an inspector when

requested;

(6)           Assembly of articles for inspection ‑ Persons

(other than those authorized to issue certificates or permits), who desire to

move interstate or intrastate any regulated articles which must be accompanied

by a certificate or permit shall, as far in advance as possible, (should be no

less than 48 hours before the desired movement), request an inspector to

examine the articles prior to movement.  Such articles shall be assembled at

such point and in such manner as the inspector designates to facilitate

inspection.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988.

 

 

 

02 NCAC 48A .1505          COMPLIANCE AGREEMENT

Any person engaged in the business of growing, handling, or

moving regulated articles may enter into a compliance agreement to facilitate

the movement of such articles.  A compliance agreement shall specify safeguards

necessary to prevent spread of the gypsy moth, such as disinfestation practices

or application of chemical materials.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988.

 

 

 

02 NCAC 48A .1506          CANCELLATION OF

CERTIFICATES/PERMITS/COMPLIANCE AGREEMENTS

Any certificate, permit, or compliance agreement which has

been issued or authorized may be cancelled by the inspector if he determines

that the holder has not complied with conditions for use.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988.

 

 

 

02 NCAC 48A .1507          INSPECTION AND DISPOSAL OF REGULATED

ARTICLES

Any properly identified inspector is authorized to stop and

inspect, and to seize, destroy, or otherwise dispose of, or require disposal of

regulated articles, outdoor household articles and gypsy moths as provided in

the North Carolina Plant Pest Law.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988.

 

 

 

02 NCAC 48A .1508          SHIPMENT FOR SCIENTIFIC PURPOSES

Any living stage of the gypsy moth may be moved intrastate

only if such movement is made for scientific purposes under scientific permit

from the North Carolina Department of Agriculture, and in accordance with any

conditions which may be required in the permit.  The permit shall be securely

attached to the outside of the shipping container.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988.

 

 

 

 

 

SECTION .1600 ‑ PHYTOPHAGOUS SNAILS

 

02 NCAC 48A .1601          DEFINITIONS

As used in this Section:

(1)           Commissioner.  The Commissioner of Agriculture for

the State of North Carolina;

(2)           Compliance Agreement.  A written agreement between

an individual or concern dealing in or moving regulated articles and the North

Carolina Department of Agriculture, Plant Industry Division, wherein the former

agrees to comply with conditions specified in the agreement to prevent the

establishment or dissemination of phytophagous snails;

(3)           Infestation.  A property on which phytophagous

snails have been found, or a property onto which regulated material has been

moved for any purpose from an infested property, and regulated or host material

which has been exposed to, come in physical contact with, or been stored where

the pest has been found.  Such properties shall be considered infested until

the Plant Pest Administrator is of the opinion that phytophagous snails do not

exist on said property;

(4)           Inspector.  Any authorized employee of the North

Carolina Department of Agriculture, Plant Industry Division, or any other

person authorized by the Commissioner of Agriculture to enforce the provisions

of this quarantine and regulations supplemental thereto;

(5)           Pest and/or Phytophagous Snails.  The following

snails in any stage of development:

(a)           brown garden snail (Helix aspera Muller);

(b)           giant South American snail (Megalobulimus

oblongus Muller);

(c)           white garden snail (Theba pisana Muller);

(d)           giant African snail (Achatina spp.);

(e)           any other plant‑feeding snail which

may be determined by the Commissioner to be injurious to North Carolina

agriculture;

(6)           Plant Material.  All wild, cultivated, or

greenhouse grown plants, trees, shrubs, vines, bulbous plants and roots,

grafts, scions, and buds.  Included are annual plants, cut flowers, and

decorative plants without roots;

(7)           Quarantined or Regulated Area.  Any portion of a

state in which phytophagous snails are found, or has been placed under

quarantine on account of same;

(8)           Regulated Articles.  Nursery stock, other plant

material, and articles capable of transporting phytophagous snails, including

used containers and trash.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1602          REGULATED AREAS

Movement of nursery stock, other plant material and articles

capable of transporting phytophagous snails into North Carolina from the

following areas is regulated:

(1)           All infested areas in the states of Arizona, California,

Hawaii, New Mexico, Oregon, Texas, and Washington.

(2)           Any other areas hereafter found to be infested with

phytophagous snails.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. June 1, 1990;

Amended Eff. January 1, 1991.

 

 

 

02 NCAC 48A .1603          HELICULTURE PROHIBITED

Raising, maintaining and/or holding phytophagous snails is

prohibited.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1604          MOVEMENT PROHIBITED

Movement of phytophagus snails in any stage of development

is prohibited except for scientific purposes when moved under provisions of

federal or state regulations.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1605          DISPOSITION

Regulated articles from quarantined areas that are infested

with phytophagous snails or have been exposed to infestation by the pest may be

ordered destroyed or fumigated by the Commissioner in accordance with G.S. 106‑421

at the expense of the owner.  The Commissioner or his agent may allow regulated

articles to move in sealed vehicles to designated safe markets under limited

permit.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1606          CONDITIONS GOVERNING MOVEMENT OF

REGULATED ARTICLES

Regulated articles shall not be moved into, within, or from

North Carolina nor shall they be processed, planted or propagated except under

conditions stipulated by the Commissioner or his agent.  Such conditions shall

be consistent with the quarantine requirements of the exterior agency and shall

be designed to prevent establishment or dissemination of phytophagous snails in

North Carolina.  Regulated articles shall be accompanied by valid certificates

or inspection tags issued by the state of origin when such certificates are

required under the quarantine or regulations of such agency.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1607          WAIVER OF REQUIREMENTS

When it has been determined by the Commissioner or his agent

that certification or treatments are no longer necessary or desirable under the

specified conditions of these regulations, he may waive the certification

and/or treatment requirements on specified articles, products and items.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. June 1, 1990.

 

 

 

02 NCAC 48A .1608          COMPLIANCE AGREEMENT

As a condition of issuance of certificates or permits for

the movement of regulated articles, any person engaged in purchasing,

assembling, exchanging, handling, processing, utilizing, treating, or moving

such articles may be required to sign a compliance agreement stipulating that

he will maintain such safeguards against the establishment and dissemination of

phytophagous snails and comply with such conditions as to the maintenance of

identity, handling, and subsequent movement of such articles and the cleaning

and treatment of means of conveyance and containers used in the transportation

of such articles as may be required by the inspector.

 

History Note:        Authority G.S. 106‑65.45; 106‑65.46;

106‑284.18; 106‑420;

Eff. June 1, 1990.

 

 

 

 

 

SECTION .1700 ‑ STATE NOXIOUS WEEDS

 

02 NCAC 48A .1701          DEFINITIONS

The following definitions shall

apply to this Section:

(1)           Administrator. 

The Plant Pest Administrator of the North Carolina Department of Agriculture

and Consumer Services, Plant Industry Division;

(2)           Board. 

The North Carolina Board of Agriculture;

(3)           Certificate. 

A document issued by a specialist to allow the movement of noncontaminated

regulated articles to any destination;

(4)           Class A. 

Any noxious weed on the Federal Noxious Weed List or any noxious weed that is

not native to the state, not currently known to occur in the state, and poses a

threat to the state;

(5)           Class B. 

Any noxious weed that is not native to the state, is present in fewer than 20

counties statewide, and poses a threat to the state;

(6)           Class C. 

Any noxious weed not meeting the definition of a Class A or Class B noxious

weed for which the Commissioner has determined that eradication is not

feasible;

(7)           Commissioner. 

The Commissioner of the North Carolina Department of Agriculture and Consumer

Services or his authorized representative;

(8)           Compliance

Agreement.  A written agreement between a person engaged in growing, handling,

or moving regulated articles, and the North Carolina Department of Agriculture

and Consumer Services, Plant Industry Division;

(9)           Infestation. 

The presence of a noxious weed in any stage of development;

(10)         Noxious

Weed.  Any plant in any stage of development, including parasitic plants whose

presence whether direct or indirect, is detrimental to crops or other desirable

plants, livestock, land, or other property, or is injurious to the public

health;

(11)         Limited

Permit.  A document issued by a specialist to allow the movement of

noncertified regulated articles to a specified destination for special

handling, utilization, or processing, or for treatment;

(12)         Regulated

Article.  Any noxious weed or any article described in this Section which is

capable of carrying a noxious weed;

(13)         Regulated

Area.  Any state or territory or any portion thereof of the United States described in this Section which is infested with a noxious weed;

(14)         Scientific

Permit.  A document issued by the Administrator to authorize the movement of

regulated articles to a specified destination for scientific purposes;

(15)         Specialist. 

Any authorized employee of the North Carolina Department of Agriculture and

Consumer Services, Plant Industry Division, or any other person authorized by

the Commissioner of Agriculture to enforce the provisions of this Section.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1991;

Amended Eff. January 1, 2005.

 

02 NCAC 48A .1702          NOXIOUS WEEDS

(a)  Class A Noxious Weeds.  The North Carolina Board of

Agriculture hereby establishes the following list of Class A Noxious Weeds:

(1)           All weeds listed in 7 C.F.R. 360.200 which

is hereby incorporated by reference including subsequent amendments and

editions.  A full list of Federal Noxious Weeds may be found at:

http://www.access.gpo.gov/nara/cfr/waisidx_07/7cfr360_07.html;

(2)           Elodea, African – Lagarosiphon spp. (all

species);

(3)           Fern, Water – Salvinia spp. (all except S.

minima);

(4)           Floating Heart, Crested – Nymhoides

cristata;

(5)           Floating Heart, Yellow – Nymphoides

peltata;

(6)           Stonecrop, Swamp – Crassula helmsii;

(7)           Water-chestnut – Trappa spp.; and

(8)           Water Snowflake – Nymphoides indica.

(b)  Class B Noxious Weeds.  The North Carolina Board of

Agriculture hereby establishes the following list of Class B Noxious Weeds:

(1)           Bushkiller – Cayratia japonica Thunb.;

(2)           Fieldcress, Yellow – Rorippa sylvestris

(L.) Bess.;

(3)           Lythrum – Any Lythrum species not native to

North Carolina;

(4)           Mile-a-Minute – Persicaria perfoliata (L.)

H. Gross;

(5)           Puncturevine – Tribulus terrestris L.;

(6)           Thistle, Canada – Cirsium arvense (L.)

Scop.;

(7)           Thistle, Musk – Carduus nutans L.;

(8)           Thistle, Plumeless – Carduus acanthoides

L.;

(9)           Vitex, Beach – Vitex rotundifolia L.f.;

(10)         Watermilfoil, Eurasian – Myriophyllum

spicatum L.; and

(11)         Waterprimrose, Uruguay – Ludwigia hexapetala

(Hook & Arn.) Zardini, Gu & Raven.

(c)  Class C Noxious Weeds.  The North Carolina Board of

Agriculture hereby establishes the following list of Class C Noxious Weeds: 

Bittersweet, Oriental - Celastrus orbiculatus Thunb.

 

History Note:        Authority G.S. 106-420;

Eff. December 1, 1991;

Amended Eff. October 1, 2011; February 1, 2009; April 1,

2003; February 1, 1996; June 1, 1994.

 

02 NCAC 48A .1703          REGULATED AREAS

(a)  Except as permitted in 02 NCAC 48A .1705 and .1706, the

following is prohibited:

(1)           The movement of Beach Vitex (Vitex

rotundifolia L.F.) or any regulated article infested with Beach Vitex from the

following counties: Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover,

Onslow, Pender;

(2)           The movement of Bushkiller (Cayratia

japonica Thunb.) or any regulated article infested with Bushkiller from the

following counties: Davidson, Forsyth, Mecklenburg;

(3)           The movement of Canada Thistle [Cirsium

arvense (L.) Scop.] or any regulated article infested with Canada Thistle from

the following counties:  Ashe, Avery, Haywood, Mitchell, Northampton, Yancey;

(4)           The movement of Class A, B, or C noxious

weeds or any regulated article infested with Class A, B, or C noxious weeds

into North Carolina;

(5)           The movement of a Class A noxious weed or

any regulated article infested with any Class A noxious weed is prohibited

within the state;

(6)           The movement of Eurasian Watermilfoil

(Myriophyllum spicatum L.) or any regulated article infested with Eurasian

Watermilfoil from the following counties:  Halifax, Northampton, Perquimans,

Tyrrell, Warren;

(7)           The movement of Mile-a-Minute (Persicaria

perfoliata (L.) H. Gross) or any regulated article infested with Mile-a-Minute

from that portion of Alleghany County East of Highway 113 beginning at the

Virginia border to the junction with Highway 18 and Northwest of Highway 18

beginning at the junction with Highway 113 all the way to the junction with

U.S. Highway 21 in Sparta and West of Highway 21 to the North Carolina border

with Virginia;

(8)           The movement of Musk Thistle (Carduus

nutans L.) or any regulated article infested with Musk Thistle from the

following counties:  Buncombe, Cleveland, Chatham, Gaston, Henderson, Lincoln, Madison, Randolph, Rowan, Rutherford;

(9)           The movement of Plumeless Thistle (Carduus acanthoides

L.) or any regulated article infested with Plumeless Thistle from the following

counties:  Haywood, Jackson, Madison, Watauga;

(10)         The movement of Puncturevine (Tribulus

terrestris L.) or any regulated article infested with Puncturevine from the

following county:  New Hanover;

(11)         The movement of any Lythrum species not

native to North Carolina or any regulated article infested with any nonnative

Lythrum species from the following counties:  Forsyth, Watauga;

(12)         The movement of Uruguay Waterprimrose

[Ludwigia hexapetala (Hook & Arn.) Zardini, Gu & Raven] or any

regulated article infested with Uruguay Waterprimrose from the following

counties:  Bladen, Brunswick, Columbus, Durham, Granville, Hyde, New Hanover, Orange, Rowan, Wake, Warren;

(13)         The movement of Yellow Fieldcress [Rorippa

sylvestris (L.) Bess.] or any regulated article infested with Yellow Fieldcress

from the following county:  Orange;

(14)         The movement of Oriental Bittersweet

(Celastrus orbiculatus Thunb.) or any regulated article infested with Oriental

Bittersweet from the following counties:  Alleghany, Ashe, Avery, Buncombe,

Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, Mitchell,

Swain, Transylvania, Watauga, Wilkes, Yancey;

(15)         The sale or distribution of any Class A or B

noxious weed; and

(16)         The sale or distribution of any Class C

noxious weed outside a regulated area.

(b)  Other regulated areas.  The Commissioner shall designate

as a regulated area any state or portion of a state in which there is reasonable

cause to believe that a noxious weed exists, and there is a need to prevent its

introduction, spread or dissemination in North Carolina.

 

History Note:        Authority G.S. 106-420; 106-421;

Eff. December 1, 1991;

Amended Eff. October 1, 2011; February 1, 2009; January

1, 2005; April 1, 2003; June 1, 1994.

 

02 NCAC 48A .1704          REGULATED ARTICLES

The following articles are

regulated under the provisions of this Section:

(1)        Soil,

compost, peat, humus, muck, decomposed manure, sand, and gravel, either

separately or mixed with other articles; except that potting soil commercially

prepared and free of noxious weed seed, packaged and shipped in original

containers is not a regulated article;

(2)        Nursery

stock including growing media (houseplants grown in a home and not for sale are

excluded);

(3)        Grass

sod;

(4)        Used

mechanized soil‑moving equipment, cultivating equipment and harvesting

machinery, except when decontaminated and cleaned free of soil;

(5)        Hay,

straw, or other material of a similar nature;

(6)        Any

means of conveyance of any noxious weed when such conveyance is determined by

the Administrator to present a hazard of spread of noxious weeds and the person

in possession of such conveyance has been so notified.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1991.

 

 

 

02 NCAC 48A .1705          CONDITIONS GOVERNING THE MOVEMENT OF

REGULATED ARTICLES

(a)  A certificate or permit

must accompany the movement of regulated articles from regulated areas into

North Carolina.

(b)  A certificate or permit

must accompany the movement of regulated articles from a regulated area in

North Carolina to a non‑regulated area in North Carolina.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1991.

 

 

 

02 NCAC 48A .1706          ISSUANCE OF CERTIFICATES AND LIMITED

PERMITS

(a)  Certificates may be issued by a specialist for the

movement of regulated articles under the following conditions:

(1)           In the judgment of the specialist, they

have not been exposed to infestations;

(2)           They have been examined by the specialist

and found to be free of noxious weeds;

(3)           They have been treated under the direction

of the specialist with control measures effective under the conditions applied;

(4)           They have been grown, produced, stored, or

handled in such manner that, in the judgment of the specialist, designated

noxious weeds would not be transmitted by movement of the article.

(b)  Limited permits may be issued by a specialist for the

movement of noncertified regulated articles to specified destinations for

limited handling, utilization, processing or treatment when the specialist

determines no hazard of spread of noxious weeds exists.

(c)  Scientific permits may be issued by the Administrator

to allow the movement of noxious weeds in any living stage and any regulated

articles for scientific purposes under such conditions as may be prescribed in

each specific case by the Plant Pest Administrator.  Scientific permits are

issued pursuant to 02 NCAC 48A .1300.

(d)  Certificates or limited permits, which ensure the

pest-free premises for the following:

(1)           Nurseries growing seedlings for

aforestation or reforestration purposes; and

(2)           Sod farms producing sod for establishment

of ornamental turf,

shall be issued by an inspector for intrastate and

interstate shipments of conifer seedlings, hardwood seedlings and sod. To

ensure pest-free premises, forest seedling nurseries and sod farms designated

for crop production may be fumigated or treated with a fumigant

such as methyl bromide or other pesticide registered with the United States

Environmental Protection Agency.  Each shipment originating from another state

shall be accompanied by a certificate or limited permit issued by the state of

origin to verify fumigation or other treatments.

(e)  As a condition of issuance of certificates or limited

permits for the movement of regulated articles, any person engaged in

purchasing, assembling, exchanging, handling, processing, utilizing, treating,

or moving such articles shall sign a compliance agreement stipulating that he

will maintain such safeguards against the establishment and spread of

infestation and comply with such conditions as to the maintenance of identity,

handling and subsequent movement of such articles, and the cleaning and

treatment of means of conveyance and containers used in the transportation of

such articles, as may be required by the specialist.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1991;

Amended Eff. April 1, 2008.

 

02 NCAC 48A .1707          CANCELLATION OF CERTIFICATES AND

LIMITED PERMITS

Any certificate, limited

permit, scientific permit, or compliance agreement which has been issued or

authorized may be canceled by the specialist if he determines that the holder

has not complied with conditions for its use.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1991.

 

 

 

02 NCAC 48A .1708          INSPECTION AND DISPOSAL

Any specialist is authorized

to stop and inspect, any person or means of conveyance moving within or from

the State of North Carolina upon probable cause to believe that such means of

conveyance or articles are infested with a noxious weed; and, such specialist

is authorized to seize, treat, destroy, or otherwise dispose of articles found

to be moving in violation of these Rules.

 

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1991.