North Carolina Administrative Code

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…

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 …

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 spr…

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 N…

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 i…

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 whi…

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 regula…

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, O…

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

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. …

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…

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…

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 require…

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 sig…

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 …

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 an…

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, Cu…

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 prepare…

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 r…

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 be…

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 f…

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 wee…

SUBCHAPTER 48B - FERTILIZER SECTION .0100 - FERTILIZER STANDARDS 02 NCAC 48B .0101 THE FERTILIZER SECTION The Fertilizer Section has the responsibility of inspecting and testing fertilizers and liming materials that are used by North Carolina consumers to ensure proper compositio…

02 NCAC 48B .0102 CHLORINE GUARANTEE The maximum chlorine guarantees permitted for tobacco plant bed fertilizers shall be as follows: (1) for fertilizers with nitrogen guarantees up to and including six percent, one-half of one percent chlorine; (2) for fertilizers with a nitroge…

02 NCAC 48B .0103 MAXIMUM CHLORINE GUARANTEE The maximum chlorine guarantees permitted for field crop tobacco fertilizers shall be: (1) For fertilizer with nitrogen guarantees up to and including four percent, a maximum chlorine guarantee of two percent is permitted; (2) For fert…

02 NCAC 48B .0104 TOBACCO FERTILIZERS Fertilizers manufactured or sold for tobacco must be branded as tobacco fertilizer including tobacco plant bed fertilizer and top dressers. History Note: Authority G.S. 106-673; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is neces…

02 NCAC 48B .0105 PLAIN OR UNBRANDED BAGS If fertilizer is sold in plain or unbranded bags, the grade of the fertilizer shall be shown on the tag in the same size type as that of the brand name and the grade shall be included either as a part of the brand name or shall immediatel…

02 NCAC 48B .0106 LABELING LIQUID COMMERCIAL FERTILIZERS All tanks or other containers of liquid commercial fertilizer for direct application to the soil shall have attached, in a manner approved by the Commissioner of Agriculture, a label showing the following: (1) the name and …

02 NCAC 48B .0107 MATERIALS INFLUENCING COLOR OF FERTILIZER When any non-fertilizer material is added to mixed tobacco fertilizer which influences the color of the finished product, such material shall be declared on the application for registration in such identifying terms as "…

02 NCAC 48B .0108 BORON-FERTILIZER MIXTURES Boron may be used in fertilizers up to but not exceeding .1 percent without making any claim or guarantee for boron, but if used in excess of .1 percent, the amount used shall be claimed and guaranteed. History Note: Authority G.S. 106-…

02 NCAC 48B .0109 BORON INVESTIGATIONAL ALLOWANCES The following investigational allowances shall be permitted: Investigational Allowance Boron Guarantee (Below Guarantee) Percent Percent Up to .019 .005 .02 to .029 .010 .03 to 10 .015 .11 to .20 .03 .21 to .30 .06 .31 to .50 .09…

02 NCAC 48B .0110 BORON PENALTIES The penalties for deficiencies of boron below the investigational allowance shall be as follows: (1) up to and including .03 percent boron, three dollars ($3.00) per ton; (2) exceeding .03 percent and including .06 percent boron, five dollars ($5…

02 NCAC 48B .0111 MICRO-NUTRIENT PENALTIES For deficiencies beyond the investigational allowance, there shall be imposed a penalty of five dollars ($5.00) per ton for each deficient element; however, the maximum penalty shall not exceed ten dollars ($10.00) per ton for micro-nutr…

02 NCAC 48B .0112 REPORT REQUIRED AND METHOD OF REPORTING Each manufacturer or firm having fertilizer registered in North Carolina shall report to the Commissioner of Agriculture the tonnage of each grade of fertilizer shipped to each destination in the state. This information ma…

02 NCAC 48B .0113 REGISTRATION OF FERTILIZER-PESTICIDE MIXTURES (a) Fertilizer-pesticide mixtures may be registered for sale and use with the Plant Industry Division and Food and Drug Protection Division provided: (1) Both the pesticide and the fertilizer grades are approved for …

02 NCAC 48B .0114 SPECIALTY FERTILIZER-PESTICIDE MIXTURES Any specialty fertilizer containing a minimum of 20 percent plant food may be sold in a mixture with pesticides under the following conditions: (1) Each formulation shall be registered as provided in 02 NCAC 48B .0113; (2)…

02 NCAC 48B .0115 COMPLIANCE WITH LAWS In addition to complying with the provisions of this Section, all mixtures of fertilizer-pesticides, landplaster-pesticides or fertilizer-landplaster-pesticides shall be registered respectively under the two or three laws (Chapter 106, Artic…

02 NCAC 48B .0116 LABELING OF FERTILIZER-LANDPLASTER-PESTICIDE MIXTURES The labeling required respectively by G.S. 106-661, 106-92.5, and 143-443, also applies in combinations accordingly as the components of the respective mixtures covered by this Chapter come under the purview …

02 NCAC 48B .0117 BAG REQUIREMENTS For safety in handling, all pesticide-landplaster-fertilizer mixtures shall be sold in multi-wall paper bags or other containers which will prevent all dusting, sifting or other leakage. History Note: Authority G.S. 106-673; Eff. January 1, 1985…

02 NCAC 48B .0118 LABELS Labels for all regulated products shall be supplied immediately upon request to ascertain their compliance with the law. History Note: Authority G.S. 106-673; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public …

02 NCAC 48B .0119 DATA Data to substantiate claims are requested when questions arise regarding the ability of a product to perform as claimed. Data shall be developed from tests conducted under conditions identical to or closely related to those present in North Carolina. If suc…

02 NCAC 48B .0120 REFUSAL OF REGISTRATION Registration is refused on fertilizer products when the Commissioner finds that the product will not supply needs of a plant when used according to directions. History Note: Authority G.S. 106-673; Eff. January 1, 1985; Amended Eff. April…

02 NCAC 48B .0121 APPLICATION FOR REGISTRATION OF FERTILIZERS (a) Each application for registration of any fertilizer shall include the: (1) net weight; (2) brand; (3) grade; (4) name and address of the person guaranteeing registration; and (5) sources from which nitrogen, phosph…

02 NCAC 48B .0122 ORGANIC FERTILIZERS (a) A person who distributes a natural organic fertilizer which is not a mixed fertilizer shall identify the fertilizer material by its commonly accepted name (e.g., sewage sludge, tankage, etc.) in the registration, labeling and sale of such…

02 NCAC 48B .0123 LICENSE FOR GRADES NOT REQUIRING REGISTRATION Any person desiring to manufacture or distribute fertilizers not required to be registered shall first secure a license from the Commissioner in the amount of one hundred dollars ($100.00). History Note: Authority G.…

02 NCAC 48B .0124 SMALL PACKAGE GRADE NUMERALS (a) Grade numerals on packages of less than 25 lbs. may appear in numerals of not less than one-quarter inch in height, except as provided in (b) of this Rule. (b) Where the largest letters in the brand name on a package of less than…

02 NCAC 48B .0125 NATURAL ORGANIC FERTILIZERS To label or claim a product as natural organic fertilizer, it must conform to the definition found at G.S. 106-657(14). In addition to the physical manipulations permitted under that definition, such products may also be physically ma…

02 NCAC 48B .0126 NATURAL INORGANIC FERTILIZERS To claim or label a product as natural inorganic fertilizer, it must be a mineral nutrient source that exists in or is produced by nature and may be altered from its original state only by physical manipulation. History Note: Author…

02 NCAC 48B .0127 NATURAL FERTILIZERS To label or claim a product to be natural fertilizer, it must be a substance composed only of natural organic and/or natural inorganic fertilizer materials and natural filler. History Note: Authority G.S. 106-660(a); 106-673; Eff. January 1, …

02 NCAC 48B .0128 NATURAL BASED FERTILIZERS To label or claim a product to be natural based, it must contain at least 50 percent by weight of natural materials and contain at least 50 percent of all primary nutrients derived from natural materials. History Note: Authority G.S. 10…