Chapter 02 NCAC 48A

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: Authorit…

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 r…

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…

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…

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; Pursuant to G.S. 150B-2…

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…

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…

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 b…

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 b…

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: Auth…

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. Histo…

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 …

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 or her fields when it is deemed by the Plant Pest Administrator that the cotton stalks constit…

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 …

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 o…

02 NCAC 48A .0703 CONDITIONS GOVERNING THE MOVEMENT OF REGULATED ARTICLES (a) Unless exempted in 02 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 a…

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 …

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…

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 th…

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 presenc…

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 pla…

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 …

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…

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…

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…

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 infes…

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) i…

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 be…

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…

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 …

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 …

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 spre…

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…

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 require…

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 Caroli…

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 possess…

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 f…

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 Agricul…

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 …

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…

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…

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…

02 NCAC 48A .1007 MOVEMENT FOR SCIENTIFIC PURPOSES Notwithstanding the provisions of 02 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 02 NCAC 48…

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 notif…

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 importat…

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…

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 p…