North Carolina Administrative Code

02 NCAC 48B .0129 ORGANIC BASED FERTILIZERS To label or claim a product to be organic based, it must contain at least 50 percent by weight of organic materials and contain at least 50 percent of all primary nutrients derived from organic materials. History Note: Authority G.S. 10…

02 NCAC 48B .0130 USE OF "PERCENTAGE" The term "percentage" by symbol or word, when used on a fertilizer label shall represent only the amount of individual plant nutrients in relation to the total product by weight. History Note: Authority G.S. 106-660(a); 106-673; Eff. January …

02 NCAC 48B .0131 MANIPULATED MANURES (a) Manipulated manures may contain whatever organic bedding or other materials needed to follow good dairy barn, feedlot, poultry house, etc., practice in order to maintain proper sanitary conditions, to conserve plant food elements in the e…

02 NCAC 48B .0132 MAGNESIUM/MANGANESE GUARANTEES Each application for registration of any fertilizer for which magnesium or manganese is guaranteed shall include a guaranteed analysis in the following form: (1) total magnesium water soluble magnesium X Percent; or (2) total manga…

SUBCHAPTER 48C - SEEDS 02 NCAC 48C .0101 SAMPLING: ANALYZING: TESTING SEED AND TOLERANCES The procedure for sampling seed by inspectors, the analyzing and testing of seed in the laboratory and tolerances permitted, shall be the same as approved by the Association of Official Seed…

02 NCAC 48C .0102 NOXIOUS WEED SEED LIST The following weed seeds are classified as prohibited noxious or restricted noxious: (1) PROHIBITED: (a) Balloonvine--Cardiospermum halicacabum L.; (b) Crotalaria, Showy--Crotalaria spectabilis Roth; (c) Crotalaria, Smooth--Crotalaria pall…

02 NCAC 48C .0103 LABELING When restricted noxious weed seeds are present in seed, the name of the weed and number per pound of crop seed shall be stated on the seed tag or label. History Note: Authority G.S. 106-277.15; Eff. February 1, 1976; Amended Eff. August 30, 1980; Transf…

02 NCAC 48C .0104 PROHIBITIONS The sale of any seed containing Balloonvine, Showy Crotalaria, Smooth Crotalaria, Itchgrass, Jimsonweed, Johnsongrass, Serrated Tussock, or Witchweed is prohibited. History Note: Authority G.S. 106-277.15; Eff. February 1, 1976; Amended Eff. January…

02 NCAC 48C .0105 PROHIBITED SALES The sale of any seed which contain any of the weed seeds or tubers listed in this Rule in excess of the stated limitation per pound of crop seed is prohibited: (1) two Purple Nutsedge or Yellow Nutsedge tubers; (2) four Spurred Anoda, Cocklebur,…

02 NCAC 48C .0106 PROHIBITED SALES: EXCESS OF 144 NOXIOUS WEED SEEDS The sale of any seed containing in excess of 144 noxious weed seeds per pound of crop seed, when occurring singly or in any combination, is prohibited. History Note: Authority G.S. 106-277.15; Eff. February 1, 1…

02 NCAC 48C .0107 PROHIBITED SALES: MORE THAN ONE PERCENT TOTAL WEED SEED The sale of any seed containing more than one percent total weed seed is prohibited. History Note: Authority G.S. 106-277.15; Eff. February 1, 1976; Transferred from T02.11C Eff. January 1, 1985; Pursuant t…

02 NCAC 48C .0108 LESS THAN 70 PERCENT HARD SEED AND GERMINATION The sale of any agricultural seed having a total percentage of germination and hard seed of less than 70 percent is prohibited, with the following exceptions: (1) field corn shall germinate not less than 90 percent;…

02 NCAC 48C .0109 PROHIBITED SALES: FLUE-CURED TOBACCO SEEDS The sale of seeds of any flue-cured tobacco variety, from any grower or distributor, which is not recorded with the Commissioner of Agriculture as required in 02 NCAC 48C .0113, is prohibited. History Note: Authority G.…

02 NCAC 48C .0110 PROHIBITED SALES: BLENDS The sale of any agricultural or vegetable seeds identified as a "Blend" for genetic identity that have not been recorded with the Commissioner of Agriculture as required in 02 NCAC 48C .0115 is prohibited. History Note: Authority G.S. 10…

02 NCAC 48C .0111 PROHIBITED SALES: HYBRID FIELD CORN VARIETIES History Note: Authority G.S. 106-277.15; Eff. February 1, 1976; Repealed Eff. February 1, 1983; Transferred from T02.11C Eff. January 1, 1985.

02 NCAC 48C .0112 HYBRID CORN SEEDS CONTAINING TEXAS MALE STERILE CYTOPLASM The sale of hybrid corn seeds containing Texas Male Sterile Cytoplasm, unless the front of the labels declare the percentage of "T" cytoplasm, is prohibited. History Note: Authority G.S. 106-277.15; Eff. …

02 NCAC 48C .0113 RECORDING FLUE-CURED VARIETIES (a) It shall be the duty of the Commissioner to accept annually for the purpose of recording only the flue-cured tobacco varieties that have been declared by the Tobacco Seed Committee (as identified in 02 NCAC 48C .0116) to have b…

02 NCAC 48C .0114 RECORDING HYBRID FIELD CORN VARIETIES History Note: Authority G.S. 106-277.15; Eff. February 1, 1976; Repealed Eff. February 1, 1983; Transferred from T02.11C Eff. January 1, 1985.

02 NCAC 48C .0115 RECORDING BLENDS (a) It shall be the duty of the Commissioner of Agriculture to accept for the purpose of recording any combination of varieties identified with a "blend" designation as identified in G.S. 106-277.2(2f). (b) The request for recording shall be sup…

02 NCAC 48C .0116 TOBACCO SEED COMMITTEE The Tobacco Seed Committee shall consist of the Director of Research, North Carolina Agricultural Experiment Station, as chairman, the head of the Department of Crop Science, the head of the Department of Plant Pathology, the person in cha…

02 NCAC 48C .0117 INSPECTION AND STOP SALE ACTION OF SEED INSPECTORS (a) All seeds defined as "seed offered for sale" in the North Carolina Seed Law, including seeds in containers bearing seed tags issued by a recognized certifying agency, are subject to inspection and all other …

02 NCAC 48C .0118 GERMINATION STANDARDS FOR VEGETABLE SEEDS The following germination standards shall apply to vegetable seeds offered or exposed for sale for seeding purposes and shall be construed to include hard seed where applicable: Percent Percent Artichoke 60 Kohlrabi 75 A…

02 NCAC 48C .0119 LAWN GRASS MIXTURES Labeling requirements of lawn grass mixtures shall be the same as for agricultural seeds except that the origin statement for each component of the mixture will not be required. History Note: Authority G.S. 106-277.15; Eff. February 1, 1976; …

02 NCAC 48C .0120 TAGS AND LABELS (a) Every container of agricultural or vegetable seed shall have attached thereto a seed analysis tag, bearing the information as required by law (G.S. 106-277.3). (b) The seedman's statement of analysis shall include all tag and label requiremen…

02 NCAC 48C .0121 RESPONSIBILITY FOR OBTAINING NEW GERMINATION TEST The person in possession of any seed offered for sale, or exposed for sale for seeding purposes, shall be responsible for securing a new germination test when the test date required by law has expired. The seed s…

02 NCAC 48C .0122 NOTICE TO COMMON CARRIERS Express and freight shipments, including truck deliveries, to dealers or consumers of seed shall be subject to the North Carolina Seed Law and its rules and regulations. All trucks and other common carriers transporting seed for deliver…

02 NCAC 48C .0123 ANALYSIS FOR FARMERS OR SEEDMEN (a) The germination and purity analyses of agricultural and vegetable seeds shall be free to any person residing within the state. However, the Seed Administrator may limit the number of such free tests made annually, or during ce…

02 NCAC 48C .0124 IDENTIFICATION AND SIZE OF SAMPLES FOR SERVICE TESTING When submitting seed samples for analysis, the person shall comply with the following: (1) Identification (a) Samples shall be plainly addressed to the North Carolina Department of Agriculture, Seed Laborato…

02 NCAC 48C .0125 PENALTIES The assessment of penalties to cover the costs of inspection and testing seeds not in compliance with the North Carolina Seed Law, as authorized in Section 106-277.22, shall be as follows: (1) A fifteen dollar ($15.00) service penalty shall be charged …

02 NCAC 48C .0126 GERMINATION TEST PERIOD The germination test period for hermetically sealed vegetable seed in containers of one pound or less shall be 24 months, exclusive of the calendar month in which the test was completed. History Note: Authority G.S. 106-277.9; 106-277.15;…

02 NCAC 48C .0127 LABEL REQUIREMENTS FOR TREATED SEEDS (a) All seeds which are treated shall be labeled to show the following information on a separate label, or on the same label as used for other information (purity, germination, etc.) required under the North Carolina Seed Law…

02 NCAC 48C .0128 MINIMUM HYBRID STANDARDS For seed labeled as hybrid, the minimum hybridity for field corn, grain sorghum and tobacco shall be 95 percent. For other kinds of seed labeled as hybrid, the minimum hybridity shall be 75 percent. History Note: Authority G.S. 106-277.1…

02 NCAC 48C .0129 VARIETY LABELING The variety name shall be stated on the seed analysis label for the following kinds of seed: (1) cotton; (2) field corn; (3) peanuts; (4) soybeans; (5) tobacco; and (6) wheat. History Note: Authority G.S. 106-277.15; Eff. February 1, 1996; Pursu…

SUBCHAPTER 48D - LIMING MATERIALS AND LANDPLASTER SECTION .0100 - LIMING MATERIALS AND LANDPLASTER 02 NCAC 48D .0101 STANDARD AGRICULTURAL LIMING MATERIAL The standards for liming material comparative classification and labeling are: (1) Calcitic Lime or Marl. At least 90 percent…

02 NCAC 48D .0102 MINIMUM SCREEN SIZES To be eligible for sale in North Carolina: (1) All limestone sold, offered for sale, or distributed on or before June 1, 1981 must meet at least one of the fineness grinds shown as follows: (a) 100 percent must pass through 10 mesh screen; 4…

02 NCAC 48D .0103 LABELING (a) Limestone labels shall give the following information: (1) net weight; (2) brand name truly descriptive of product; (3) guaranteed analysis in form and order as follows: (A) Calcium ______ Percent; (B) Magnesium ______ Percent; (C) Calcium Carbonate…

02 NCAC 48D .0104 PENALTIES FOR DEFICIENCIES FROM CHEMICAL GUARANTEES Monetary penalties shall be assessed on the following schedule of deficiencies and relative values: (1) magnesium--fourteen cents ($0.14) per ton per percentage point below guarantee; (2) calcium carbonate equi…

02 NCAC 48D .0105 PENALTIES FOR LIMESTONE NOT MEETING SCREEN GUARANTEES Monetary penalties for limestone not meeting screen guarantees shall be assessed on the following schedule: A penalty of twenty cents ($0.20) per ton shall be assessed for each percentage point or fraction th…

02 NCAC 48D .0106 FERTILIZER IN LIMESTONE-FERTILIZER MIXTURES (a) Investigational allowances for fertilizers added to limestone shall be those established in G.S. 106-665 (the North Carolina Fertilizer Law). (b) Penalty rates and values used in assessing penalties for deficiencie…

_ SUBCHAPTER 48E - GENETICALLY ENGINEERED ORGANISMS SECTION .0100 - DEFINITIONS 02 NCAC 48E .0101 DEFINITIONS History Note: Authority G.S. 106-768; 106-770; Eff. June 1, 1990; Amended Eff. September 1, 1990; Repealed Eff. December 1, 1995.

_ SECTION .0200 - POWERS OF THE COMMISSIONER 02 NCAC 48E .0201 POWERS DELEGATED History Note: Authority G.S. 106-770; Eff. June 1, 1990; Repealed Eff. December 1, 1995.

02 NCAC 48E .0202 INSPECTION OF FACILITIES History Note: Authority G.S. 106-770; Eff. December 1, 1991; Repealed Eff. December 1, 1995.

_ SECTION .0600 - FORMS 02 NCAC 48E .0601 ADOPTION OF FORMS History Note: Authority G.S. 106-770; Eff. June 1, 1990; Amended Eff. September 1, 1990; Repealed Eff. December 1, 1995.

SECTION .0300 - ENDANGERED PLANT SPECIES LIST: THREATENED PLANT SPECIES LIST: LIST OF SPECIES OF SPECIAL CONCERN 02 NCAC 48F .0301 Protected PLANT SPECIES LIST The North Carolina Plant Conservation Board hereby establishes the following list of protected plant species (** indicat…

02 NCAC 48F .0302 THREATENED PLANT SPECIES LIST History Note: Authority G.S. 106-202.15; Eff. July 1, 1980; Amended Eff. August 1, 2006; March 1, 2004; July 1, 1998; April 1, 1993; December 1, 1992; September 1, 1991; August 1, 1990; Repealed Eff. December 1, 2010.

02 NCAC 48F .0303 LIST OF SPECIES OF SPECIAL CONCERN History Note: Authority G.S. 106-202.12 through 106-202.19; Eff. July 1, 1980; Repealed Eff. June 30, 1981.

02 NCAC 48F .0304 PLANT SPECIES OF SPECIAL CONCERN History Note: Authority G.S. 106-202.15; Eff. June 30, 1981; Amended Eff. March 1, 2004; July 1, 1998; June 1, 1991; August 1, 1990; May 1, 1984; Repealed Eff. December. 1, 2010.

02 NCAC 48F .0305 COLLECTION AND SALE OF GINSENG (a) Definitions: (1) Department. The North Carolina Department of Agriculture and Consumer Services; (2) Ginseng. Any plant of the species Panax quinquefolius including cuttings, roots, fruits, seeds, propagules or any other plant …

02 NCAC 48F .0306 COLLECTION AND SALE OF VENUS FLYTRAP (a) Collection of flytraps: (1) Any person collecting Venus Flytraps on the lands of another shall, at time of collection, have on their person written permission from the landowner, as required under G.S. 106-202.19(1); and …

SECTION .0400 - COLLECTION: PROPAGATION AND MOVEMENT OF ENDANGERED AND THREATENED PLANT SPECIES 02 NCAC 48F .0401 DEFINITIONS (a) "Department" means the North Carolina Department of Agriculture. (b) "Horticulturally" means grown from seed or by vegetative propagation of cuttings …