Chapter 02 NCAC 48A

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 b…

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. 106-65.45; 106-65.4…

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 Progr…

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. 106-65.45; 106-65.46; 106-284.18; 106-420; 150B-14; Eff. Januar…

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. 106-65.45; 106-65.46; 106-284.18; 106-420; 150B-14; Eff. January 1, 1985; Pur…

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. 106-65.45; 106-65.46; 106-284.18; 106-420; 150B-14; Eff. January 1, 1985; Pursuant…

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. 106-65.45; 106-65.46; 10…

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. 106-65.45; 106-65.46; 106-284.18; 106-420; 150B…

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. 106-65.45; 106-65.46; 106-284…

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. 106-65.45; 106-65.46; 106-284.…

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. 106-65.45; 106-65.46; 106-284.18; 106-420; 150B-14; 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. 106-65.45; 106-65.46; 106-284.18; 106-420; 150B…

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 .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 .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 .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 prer…

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 dis…

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, "…

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 intersta…

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 …

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 …

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 Carol…

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 nucl…

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 be…

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 destinat…

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 …

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 …

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 …

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 Api…

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 prohi…

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…

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 th…

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 foulbr…

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 f…

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.…

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 accorda…

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) Indi…

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; P…

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/Var…

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 articl…

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. S…

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…

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 reg…

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…

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 subject to destruction upon notice by the Commissioner of Agricul…

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 subject to destruction upon notice by the Commissioner of Agriculture or authorized agents wherever found. (b) No …

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 Agreeme…

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-…

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 arti…

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 sprea…