North Carolina Administrative Code

02 NCAC 52K .0403 AGE REQUIREMENTS Unsupervised children less than six years old shall not be permitted in animal contact areas. History Note: Authority G.S. 106-520.3A; Eff. September 1, 2006; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff…

02 NCAC 52K .0404 FEEDING OF ANIMALS Only food provided by the animal contact exhibit may be fed to the animals. Animal food shall not be provided in containers that are human food items, such as ice cream cones. History Note: Authority G.S. 106-520.3A; Eff. September 1, 2006; Pu…

02 NCAC 52K .0405 STAFFING; COMPLIANCE An animal contact exhibit shall be staffed at all times of operation by at least one person who has the authority to ensure that the exhibit complies with this Subchapter. The owner, operator or person in charge of an animal contact exhibit …

02 NCAC 52K .0406 SURFACES; EXHIBIT AREAS (a) Surfaces in the animal contact exhibit that can be touched by both fair patrons and animals shall be made of impervious material, and shall be cleaned and disinfected daily and at any time visible contamination is present. (b) All ani…

02 NCAC 52K .0407 WASTE DISPOSAL The fair shall designate a manure disposal area and shall control wastewater runoff. The animal contact exhibit shall have a designated area for temporary storage of animal waste and shall not transport such waste through areas occupied by fair pa…

SECTION .0500 – food, drink and hand-washing 02 NCAC 52K .0501 HAND-WASHING STATIONS (a) Hand-washing stations with soap, running water, paper towels and disposal containers shall be located within 10 feet of the exit of an animal contact exhibit, wherever feasible. (b) Hand-wash…

02 NCAC 52K .0502 FOOD AND DRINK Food and beverages for human consumption shall not be sold, prepared, served, or consumed in transition areas. History Note: Authority G.S. 106-520.3A; Eff. September 1, 2006; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive publ…

SECTION .0600 - ANIMAL KEEPING, CERTIFICATIONS AND EXHIBITION 02 NCAC 52K .0601 HEALTH CERTIFICATE; VACCINATIONS (a) An official health certificate as defined in 02 NCAC 52B .0202, a rabies vaccination certificate (when applicable), and any other documentation required by 02 NCAC…

02 NCAC 52K .0602 DAILY MONITORING Animals shall be monitored daily by exhibit personnel for signs of illness. Animals that exhibit signs of illness shall be removed from public contact immediately. History Note: Authority G.S. 106-520.3A; Eff. September 1, 2006; Pursuant to G.S.…

02 NCAC 52K .0603 HIGH RISK ANIMALS Animals that pose a high disease risk to humans, as determined by the State Veterinarian or his representative, shall not be allowed in animal contact exhibits. History Note: Authority G.S. 106-520.3A; Eff. September 1, 2006; Pursuant to G.S. 1…

02 NCAC 52K .0604 BIRTHING ANIMALS No near-birth or birthing sheep, cattle or goats and no sheep, cattle or goats that have given birth within the previous two weeks shall be allowed in animal contact exhibits. History Note: Authority G.S. 106-520.3A; Eff. September 1, 2006; Purs…

SECTION .0700 - PERMITTING AND RECORD-KEEPING 02 NCAC 52K .0701 PERMITTING (a) Each animal contact exhibit shall be inspected and permitted by the Department prior to opening at a sanctioned agricultural fair. (b) Permitting applications for animal contact exhibits will be includ…

02 NCAC 52K .0702 RECORDS Each contact animal exhibit shall keep a record of daily disinfection and animal monitoring during each fair. Records shall be maintained for a period of one year and shall be made available for inspection by the Commissioner of Agriculture or his design…

SUBCHAPTER 52L – FARMED CERVIDS SECTION .0100 – FARMED CERVID LICENSE AND PERMIT 02 NCAC 52L .0101 Incorporation by reference (a) For the purpose of the rules in this Subchapter, the following regulations and standards are hereby incorporated by reference including any subsequent…

02 NCAC 52L .0102 DEFINITIONS (a) The definitions in the regulations and standards set forth in 02 NCAC 52L .0101 shall apply to such terms when used in this Subchapter, to the extent that they do not conflict with G.S. 106-549.97(a)(1) or Paragraph (b) of this Rule. (b) The foll…

02 NCAC 52L .0103 farmed cervid license or Temporary exhibit permit required No person shall possess, exhibit, buy or sell, or partake in the production of any farmed cervid within the State unless that person first obtains a farmed cervid license or a temporary exhibit permit fr…

02 NCAC 52L .0104 farmed cervid license (a) Farmed Cervid License. (1) Persons interested in obtaining a farmed cervid license shall apply with the Veterinary Division. The application may be obtained from the Veterinary Division by calling (919) 707-3250 or by emailing farmedcer…

02 NCAC 52L .0105 Denial of farmed cervid license (a) Circumstances or purposes for which a farmed cervid license shall not be issued or renewed include the following: (1) failing to submit a complete application or renewal; (2) submitting falsified information; (3) for the purpo…

02 NCAC 52L .0106 TEMPORARY EXHIBIT PERMIT (a) Temporary exhibit permits shall not be issued for the buying, selling, or production of farmed cervids. (b) A temporary exhibit permit shall only be issued for Reindeer or Caribou. (c) Temporary exhibit permit applications shall be s…

02 NCAC 52L .0107 Transfer of farmed cervid license or temporary exhibit permit (a) No farmed cervid license, permit, or animal identification issued or assigned by the Veterinary Division shall be transferable, except as provided by this Rule. (b) If a farmed cervid licensee or …

02 NCAC 52L .0108 Voluntary surrender of farmed cervid license or temporary exhibit permit Farm cervid licensees or temporary exhibit permit holders may voluntarily surrender any license or permit issued under this Subchapter by notifying the Veterinary Division in writing. Histo…

02 NCAC 52L .0109 records and inspection (a) Maintenance of Records. (1) Each licensee shall maintain herd records for all susceptible species of farmed cervids, regardless of whether tagged with animal identification or not, as required by the USDA Standards and 9 C.F.R. 55.23(b…

02 NCAC 52L .0110 escape, disappearance, or breach of facility (a) When a licensee discovers the escape or disappearance of any farmed cervid, the licensee shall report the escape or disappearance within 24 hours by contacting the Veterinary Division by telephone at (919) 707-325…

02 NCAC 52L .0111 Reporting CWD Symptoms and Farmed Cervid Death (a) CWD Symptom Reporting: (1) Each licensee shall notify the Veterinary Division by telephone upon discovery if any farmed cervid exhibits clinical symptoms of CWD, including loss of body condition, behavioral chan…

02 NCAC 52L .0112 animal Identification (a) Animal Identification Required. (1) Licensees shall identify all susceptible species of farmed cervid in accordance with the USDA Standards and 9 C.F.R. 55.25. (2) Susceptible species of farmed cervid born within a licensed facility sha…

02 NCAC 52L .0113 transportation permit (a) No person shall transport any farmed cervid within the State unless that person first obtains a transportation permit from the Veterinary Division. (b) A transportation permit shall only be issued by the Veterinary Division to an applic…

SECTION .0200 – ENCLOSURE REQUIREMENTS 02 NCAC 52L .0201 Enclosure requirements (a) The enclosure size for any farmed cervid, including any fawn or calf, shall be at least half of one acre. (b) Bodies of water and impassible areas shall not be counted towards the minimum enclosur…

SECTION .0300 – ENFORCEMENT 02 NCAC 52L .0301 License OR PERMIT Revocation, Forfeiture, and Depopulation (a) The Veterinary Division may take one or more of the following actions based on the nature of the violation against any person for failure to comply with the requirements o…

SECTION .0400 – HERD CERTIFICATION PROGRAMS 02 NCAC 52L .0401 North Carolina Farmed Cervid Herd Certification Program (a) Scope. This Rule shall only apply to susceptible species of farmed cervids. (b) Enrollment Qualifications. (1) Only applicants that have a valid farmed cervid…

02 NCAC 52L .0402 North Carolina Monitored Herd Certification Program History Note: Authority G.S. 106-549.97(a2); Eff. June 1, 2018; Repealed Eff. May 1, 2022.

CHAPTER 53 - AQUACULTURE 02 NCAC 53 .0101 AQUACULTURE LICENSES (a) A person who owns or operates an aquaculture facility for the purpose of possession, production, transportation, sale or commercial catchout of the species listed in G.S. 106-761, shall obtain a license from the D…

02 NCAC 54 .0103 ELIGIBILITY History Note: Authority S. L. 1998-212, s. 13.5; Temporary Adoption Eff. December 15, 1998; Temporary Adoption Expired October 12, 1999.

02 NCAC 54 .0104 USE OF GRANTS History Note: Authority S. L. 1998-212, s. 13.5; Temporary Adoption Eff. December 15, 1998; Eff. July 1, 2000; Pursuant to G.S. 150B-21.3A, rule Expired April 1, 2015.

02 NCAC 54 .0105 AVAILABILITY AND AMOUNT OF GRANTS History Note: Authority S. L. 1998-212, s. 13.5; Temporary Adoption Eff. December 15, 1998; Temporary Adoption Expired October 12, 1999.

SECTION .0100 – GENERAL PROVISIONS 02 NCAC 57 .0101 POLICY The rules of this Chapter are to implement the Tobacco Trust Fund as set forth in Article 75 of G.S. 143. Applications for the following programs shall be submitted in accordance with the rules set forth in Section .0200 …

02 NCAC 57 .0102 AUTHORIZATION History Note: Authority G.S. 143-715; 143-718; Temporary Adoption Eff. May 15, 2002; Temporary Adoption Eff. June 29, 2002; Eff. April 15, 2003; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015…

02 NCAC 57 .0103 DEFINITIONS In addition to the definitions contained in G.S. 143-716, the following definitions apply to this Chapter: (1) Tobacco allotment. An amount of tobacco allowed to be grown on a tract of land; (2) Former Tobacco allotment holder. A person who, at the ti…

SECTION .0200 - PROGRAM GRANTS 02 NCAC 57 .0204 APPLICATIONS FOR GRANTS (a) The Commission shall designate specific dates for submission of grant applications. Grant application submission dates shall be announced in the call for proposals on the Commission website, http://tobacc…

02 NCAC 57 .0205 SPECIAL INFORMATION NEEDED FOR DIRECT COMPENSATORY PROGRAMS If a request is for direct compensation or indemnification or for a project to administer direct compensation or indemnification to an eligible beneficiary or beneficiaries, then the application for the …

02 NCAC 57 .0206 OUT OF CYCLE AWARD OF GRANTS History Note: Authority G.S. 143-718; Temporary Adoption Eff. May 15, 2002; Eff. April 15, 2003; Repealed Eff. December 1, 2008.

02 NCAC 57 .0207 REVIEW OF PROPOSALS (a) The Commission staff or designee shall review applications to see if the application is complete. Commission staff shall notify applicants if the grant application is incomplete. (b) Applications that are complete will be forwarded to a Gr…

02 NCAC 57 .0208 AWARD OF GRANTS (a) The Commission shall award grants as fund are available. All applicants shall be notified in writing or other means of electronic communication upon completion of the selection process. (b) Funds shall be conveyed to grantees through contracts…

02 NCAC 57 .0209 REPORTING Program specific reporting requirements shall be conveyed to grantees through contractual agreements with the Commission in compliance with G.S. 143C-6-23 and 09 NCAC 03M .0401, which is hereby incorporated by reference, including subsequent amendments …

02 NCAC 57 .0210 POLICIES GOVERNING COMPENSATORY PROGRAMS History Note: Authority G.S. 143-718; Temporary Adoption Eff. May 15, 2002; Eff. April 15, 2003; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015; Repealed Eff. Septe…

02 NCAC 57 .0305 OUT OF CYCLE consideration of grants History Note: Authority G.S. 143-718; Temporary Adoption Eff. May 15, 2002; Eff. April 15, 2003; Repealed Eff. December 1, 2008.

CHAPTER 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND SECTION .0100 - GENERAL PROVISIONS 02 NCAC 58 .0101 PURPOSE This Chapter describes the operating procedures for the Agricultural Development and Farmland Preservation Trust Fund Advisory Committee and the …

02 NCAC 58 .0102 FUNDING PRIORITIES The Commissioner, with the advice of the Advisory Committee shall: (1) annually publish a list of funding priorities which he will follow in awarding grants for agricultural, horticultural and forestland preservation projects and agricultural d…

02 NCAC 58 .0103 DEFINITIONS The following terms used in this Chapter have the following meanings: (1) "Advisory Committee" means the Agricultural Development and Farmland Preservation Trust Fund Advisory Committee. (2) "ADFPTF," "ADFP Trust Fund," or "Trust Fund" means the Agric…

02 NCAC 58 .0104 reserved for future codification

02 NCAC 58 .0105 EVALUATION OF APPLICATIONS (a) Applicants for funding from the ADFPTF shall submit a completed application. (b) Applications and instructions shall be available online at http://www.ncadfp.org. (c) To be eligible for consideration for funding for agricultural con…