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.