Chapter 02 NCAC 48A

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, t…

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 …

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 ship…

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 warr…

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…

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 …

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…

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) Collecte…

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 distrib…

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 nur…

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 issu…

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: Autho…

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…

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 certificat…

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…

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 …

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 Caro…

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…

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 certifica…

02 NCAC 48A .1214 RECIPROCITY AGREEMENT All out-of-state 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…

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, a…

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 …

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…

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 Regula…

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; 106-284.1…

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 …

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…

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 att…

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 appr…

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 Regulate…

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; (…

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; Pursuant to G.S. 150B-21.3A, rule is necessary without substantiv…

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 app…

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; 1…

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.…

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…

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: Autho…

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 02 NCAC 48A. (b) The sale, barter, exchange, or giving away of plants or other articles listed on t…

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…

02 NCAC 48A .1411 FORM PP10 (a) Form PP10 is a plant material shipping tag for the same purpose of shipment described in 02 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 w…

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) nu…

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. …

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 o…

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; Pursuant to G.S. 150B-21.3A, rule is nece…

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 Car…

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…

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 gre…

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 Ha…