reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1209 - COLLECTED PLANT CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
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 obtained. Upon a determination by the Division that
					 the proposed collection of plants will comply with all plant pest quarantine
					 rules in this Chapter, and payment of an annual fee of twenty dollars ($20.00),
					 a collected plant certificate shall be issued. This certificate expires
					 September 30 of each year, but may be revoked sooner for failure to comply with
					 the plant pest quarantine rules in this Chapter. A record of plant collections
					 and sales shall be maintained and shall be made available to any inspector of
					 the North Carolina Department of Agriculture upon request. Nurserymen who also
					 collect plants must have a collected plant certificate in addition to a nursery
					 certificate. This requirement is waived for digging or collection of plants
					 from the National Forest Land on Roan Mountain, Mitchell County, North
					 Carolina.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Amended Eff. August 1, 2010;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1210 - INFESTED STOCK IN NURSERY

Current through Register Vol. 39, No. 2, July 15, 2024
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 by the certificate shall be apparently free of plant pests.
					 The authorized inspector making the inspection may prescribe such treatment as
					 may be necessary and shall require full compliance before issuing a
					 certificate. Should it be necessary for the inspector to make additional visits
					 to the nursery to check compliance with recommended procedure, charges may be
					 assessed for each subsequent visit on the same basis as for the initial
					 inspection.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1211 - NORTH CAROLINA NURSERIES

Current through Register Vol. 39, No. 2, July 15, 2024
(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 Carolina nursery
				  certificate or nursery registration certificate or North Carolina nursery
				  dealer certificate, plainly and securely attached unless the shipment bears a
				  shipping tag.
(b) Any shipment of
				  nursery stock which is not accompanied by a valid copy of a nursery
				  certificate, nursery registration certificate, nursery dealer certificate or
				  shipping tag as required is hereby declared to be a public nuisance and may be
				  returned to shipper, destroyed or otherwise disposed of by the inspector
				  without compensation to the consignor, and the consignor will be notified as to
				  the disposition of such shipments.
(c) Out-of-date certificates cannot be
				  revised and used after expiration nor can the date and number of expired copies
				  of certificates be changed and such copies used after expiration of the
				  original certificate. The wording and form of this copy shall be the same as
				  that of the original certificate furnished by the Department of Agriculture and
				  all copies must be complete, printed in full, with issuance and expiration date
				  and number included.
(d) At the
				  discretion of the enforcing agency any holder of a plant inspection
				  certificate, nursery registration certificate or nursery dealer certificate may
				  be required to submit a sample of the printed copy for approval.
(e) When satisfactory agreements can be
				  reached, permission may be granted for the printing of permanent certificates
				  or other acceptable facsimiles of the certificate. These permanent certificates
				  will be subject to revocation at any time for cause.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Amended Eff. June 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1212 - OUT OF STATE NURSERIES

Current through Register Vol. 39, No. 2, July 15, 2024
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 the nursery stock being moved has been
					 inspected and certified as apparently free from injurious plant pests by an
					 authorized official of the state of origin. The shipment must bear the name and
					 address of the shipper. Any shipment of nursery stock entering North Carolina
					 not meeting these requirements is hereby declared to be a public nuisance and
					 may be returned to shipper, treated, destroyed or otherwise disposed of by the
					 inspector, without compensation to the shipper. The tag or certificate shall in
					 no way be meant to void the requirements of any federal or state plant pest
					 quarantine.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Amended Eff. June 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1213 - INFESTED PLANTS FROM OUT OF STATE

Current through Register Vol. 39, No. 2, July 15, 2024
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 certificate, found to be infested with injurious plant pests, is hereby
					 declared a public nuisance and may be returned to the shipper, treated,
					 destroyed or otherwise disposed of by the inspector without compensation to the
					 consignor.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Amended Eff. June 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1214 - RECIPROCITY AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
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 nurseries and dealers for shipping into such states.
					 Those states which require no registration fee of North Carolina nurseries and
					 dealers shall not be required to pay a fee for registration and movement of
					 nursery stock into North Carolina. As of this time, no other states require
					 fees of North Carolina nurserymen.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1215 - FOREIGN COUNTRIES

Current through Register Vol. 39, No. 2, July 15, 2024
(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, and
				  the name and address of the grower and consignor, and shall hold such shipment
				  in the original container for inspection for a 10-day period unless otherwise
				  directed by an inspector of the Plant Industry Division.
(b) At the discretion of the Plant Pest
				  Administrator, any nursery stock or other living plants or plant parts,
				  including seeds, may be required to be grown under a state post entry
				  quarantine. When such a situation arises, the Plant Pest Administrator may
				  prescribe the exact conditions of this quarantine.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Amended Eff. June 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1216 - TRANSPORTATION COMPANIES

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  unless such container shall have plainly and securely attached thereto a copy
				  of a certificate of inspection or dealer certificate or shipping tag where
				  applicable, valid at the time the shipment is received, made in favor of the
				  consignor and issued by the authorized official of state of origin.
(b) No transportation company or common
				  carrier or agent thereof shall receive for transportation and delivery from any
				  point in North Carolina to another point with North Carolina any carload, box,
				  bale, package or other container of nursery stock unless such container shall
				  have plainly and securely attached thereto a copy of a plant inspection
				  certificate, nursery registration certificate, or nursery dealer certificate or
				  shipping tag where applicable, valid at the time the shipment is received, made
				  in favor of the consignor and issued by an inspector.
(c) If any transportation company or common
				  carrier receives any carload, box, package or other container of plant material
				  from a point outside of North Carolina for delivery in North Carolina or
				  nursery stock from a point within North Carolina for delivery to another point
				  within North Carolina which is not accompanied by a nursery certificate,
				  nursery registration certificate, shipping tag where applicable, they shall
				  immediately notify the North Carolina Department of Agriculture, and shall hold
				  from delivery such container of nursery stock until released by an
				  inspector.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Amended Eff. June 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1217 - AGENTS AND SALES YARDS TO BE REGISTERED

Current through Register Vol. 39, No. 2, July 15, 2024
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 December 31 of each year. No person shall represent himself as an
					 agent of a nursery or nursery dealer without being registered with the Plant
					 Industry Division.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1218 - STOP SALE NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(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 Regulations or
				  any other regulations as adopted under the North Carolina Plant Pest Law. A
				  Notice of Stop Sale Action shall be filled out by the inspector each time a
				  Stop Sale Notice is issued.
(b) It
				  shall be unlawful for any person, after receipt of such "Stop Sale Notice", to
				  obstruct from view or remove such notice from plants or from any location to
				  which attached; or to sell, give away, move or exchange such plants until so
				  authorized by an inspector.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1219 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1220 - CONDITIONS GOVERNING THE MOVEMENT OF NURSERY STOCK

Current through Register Vol. 39, No. 2, July 15, 2024
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
					 and found apparently free of injurious plant pests. Plants not passing
					 inspection shall be handled or disposed of as directed by the
					 inspector.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1221 - REPEALED - COLLECTED PLANT REGULATED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Repealed Eff. December 1,
					 1985.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1222 - EXPORT CERTIFICATION INSPECTION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
					 G.S.
					 106-420;
Eff. December 1,
					 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1300 - MOVEMENT FOR SCIENTIFIC PURPOSES › Section 48A .1301 - MOVEMENT FOR SCIENTIFIC PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
(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 attached to the container of such articles or to the article
				  itself.
(b) An application for a
				  permit to move regulated articles shall be obtained from:
Plant Industry Division
North Carolina Department of Agriculture
Post Office Box 27647
Raleigh, North Carolina 27611
This application should be returned to the Plant Industry
					 Division for processing.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1300 - MOVEMENT FOR SCIENTIFIC PURPOSES › Section 48A .1302 - PROCEDURE FOR ISSUANCE OF PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(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 appropriate area office for review of conditions at the site;
(3) application returned to the state office
				  for final review;
(4) applicant is
				  notified of acceptance or rejection of application. If accepted the proper
				  number of scientific permits are issued.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1401 - DESIGNATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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 Regulated Articles--PP3;
(4) Scientific Permit--PP4;
(5) Plant Pest Quarantine Compliance
				  Agreement--PP5;
(6) Nursery Dealer
				  Certificate--PP6;
(7) Collected
				  Plant Certificate--PP7;
(8) Stop
				  Sale Notice--PP8;
(9) Nursery and
				  Collected Plant Inspection Report--PP9;
(10) Plant Material Shipping
				  Tag--PP10;
(11) Application To
				  Import Tobacco Plants--PP11;
(12)
				  Nursery Registration Certificate--PP12;
(13) Plant Inspection
				  Certificate--PP13;
(14)
				  Notification Of the Intent To Import Vegetable Plants--PP14.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1402 - FORM PP1

Current through Register Vol. 39, No. 2, July 15, 2024
(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;
(5) consigned to;
(6) vehicle identification.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1403 - FORM PP2

Current through Register Vol. 39, No. 2, July 15, 2024
Form PP2 is issued certifying the articles under all
					 applicable state plant pest quarantines.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1404 - FORM PP3

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  applicable;
(5) name of host which
				  will accompany organism if applicable;
(6) total number of parcels;
(7) destination;
(8) date of arrival or movement;
(9) method of shipment;
(10) method of packaging;
(11) intended use;
(12) precautions to be used to prevent
				  dissemination;
(13) name and
				  address of applicant;
(14)
				  agreement between applicant to handle and dispose of any portion of above
				  shipment as prescribed by the Plant Industry Division.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1405 - FORM PP4

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1406 - FORM PP5

Current through Register Vol. 39, No. 2, July 15, 2024
Form PP5 is a plant pest quarantine compliance agreement
					 which requires the following information:
(1) name, address, and location of
				  establishment;
(2) applicable
				  quarantines.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1407 - FORM PP6

Current through Register Vol. 39, No. 2, July 15, 2024
(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).
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1408 - FORM PP7

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1409 - FORM PP8

Current through Register Vol. 39, No. 2, July 15, 2024
(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 this tag is forbidden. The tag lists
				  the following information:
(1) kind and
				  quantity of plants or articles;
(2)
				  reason for stop sale;
(3) date and
				  signature of inspector.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1410 - FORM PP9

Current through Register Vol. 39, No. 2, July 15, 2024
(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 of injurious plant
				  pests.
(c) The report lists the
				  following information:
(1) specific nursery
				  stock to be moved;
(2) signature of
				  inspector and date inspected;
(3)
				  void date.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1411 - FORM PP10

Current through Register Vol. 39, No. 2, July 15, 2024
(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 where applicable
				  under any other Sections of
				  02 NCAC
				  48A.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1412 - FORM PP11

Current through Register Vol. 39, No. 2, July 15, 2024
(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) number of plants to
				  be purchased;
(4) approximate date
				  of importation;
(5) name and
				  address of transplant grower;
(6)
				  reason for making application to import tobacco plants;
(7) agreement between the applicant and the
				  Plant Industry Division, North Carolina Department of Agriculture of the
				  arrival of any imported plants that they may be inspected and is aware that the
				  plants may be ordered destroyed or returned to the transplant grower or the
				  permit revoked at any time if it is determined that the plants do not meet the
				  standards of the tobacco plant regulation or that false information has been
				  given on the application.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1413 - FORM PP12

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
(b) The annual fee
				  for registration is six dollars ($6.00).
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1414 - FORM PP13

Current through Register Vol. 39, No. 2, July 15, 2024
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 over one acre in size or ship nursery stock
					 out of the state.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1415 - FORM PP14

Current through Register Vol. 39, No. 2, July 15, 2024
Form PP14 is a notification of the intent to import certain
					 vegetable plants from an out-of-state transplant grower.
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1400 - FORMS › Section 48A .1416 - COPIES AND SUBMISSIONS OF FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
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 Carolina 27611
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
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1500 - GYPSY MOTH › Section 48A .1501 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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 blocks, and trailer
				  skirts;
(2) Certificate. A document
				  issued or authorized to be issued by an inspector to allow the movement of
				  regulated articles to any destination;
(3) Compliance Agreement. A written agreement
				  between a person engaged in growing, handling, or moving regulated articles,
				  and the North Carolina Department of Agriculture, Plant Industry Division,
				  wherein the former agrees to comply with the requirements of the compliance
				  agreement;
(4) Exemptions.
				  Conditions contained in these Regulations which provide for modifications in
				  conditions of movement of regulated articles from regulated areas under
				  specified conditions;
(5) Hazardous
				  Recreational Vehicle Site. Any site where a recreational vehicle is, or may be
				  parked, and it is determined in the professional judgment of an inspector that
				  such site harbors populations of gypsy moths that could be spread by movement
				  of recreational vehicles or associated equipment;
(6) Infestation:
(a) The presence of gypsy moths based on the
				  trapping of male moths in such a pattern which indicates the establishment of a
				  reproducing population; or
(b) The
				  detection of any other life stage of the gypsy moth through visual inspection
				  in a sufficient population to present a regulatory hazard; however, it does not
				  include the presence of life stages of the gypsy moth not established in the
				  wild which are found as a result of hitchhiking on transitory means of
				  conveyance;
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1500 - GYPSY MOTH › Section 48A .1502 - REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
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 greenhouse grown throughout the
				  year;
(3) logs and pulpwood, except
				  if moved to a mill operating under a compliance agreement;
(4) firewood (unless moved as an outdoor
				  household article);
(5) mobile
				  homes and associated equipment;
(6)
				  recreational vehicles and associated equipment (unless moving as an outdoor
				  household article), moving from a hazardous recreational vehicle site when the
				  person in charge of the site has been notified;
(7) cut Christmas trees or trees without
				  roots;
(8) any other products,
				  articles, or means of conveyance, of any character whatsoever, when it is
				  determined by an inspector that any life stage of gypsy moth is in proximity to
				  such articles and the articles present a high risk of artificial spread of
				  gypsy moth infestation and the person in possession thereof has been so
				  notified.
Authority
					 G.S.
					 106-420;
Eff. December 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1500 - GYPSY MOTH › Section 48A .1503 - REGULATED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
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 Hawk Road) to Currituck
				  County line;
(4) other areas - Any
				  other areas in the State of North Carolina now known or hereafter found
				  infested with gypsy moth, such other areas to become immediately subject to
				  these rules when the property owner or his agent is notified by the Plant Pest
				  Administrator through direct written notice to those concerned. Such newly
				  infested areas shall be presented at least one time annually to the Board of
				  Agriculture and said board can rescind or confirm such regulated
				  areas.
Authority
					 G.S.
					 106-420;
Eff. December 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1500 - GYPSY MOTH › Section 48A .1504 - CONDITIONS GOVERNING THE MOVEMENT OF REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
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 area into or through any point outside
				  thereof. Regulated articles originating outside of a regulated area may be
				  moved without a certificate or permit if the point of origin is clearly
				  indicated on the shipping document accompanying the regulated articles
				  provided, in the case of articles moved through a regulated area, the regulated
				  articles are protected from infestation, while within regulated areas, to the
				  satisfaction of an inspector;
(2)
				  Issuance of certificates - Certificates may be issued by an authorized
				  inspector for movement of regulated articles under any of the following
				  conditions:
(a) In the judgement of the
				  inspector, they have not been exposed to infestations;
(b) They have been examined by the inspector
				  and found to be free of gypsy moths;
(c) They have been treated to destroy gypsy
				  moths under the direction of the inspector and according to methods selected by
				  him from administratively authorized procedures known to be effective under the
				  conditions in which applied;
(d)
				  Grown, produced, manufactured, stored, or handled in such manner that, in the
				  judgement of the inspector, gypsy moths would not be transmitted by movement of
				  the article.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1500 - GYPSY MOTH › Section 48A .1505 - COMPLIANCE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
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 spread of the gypsy moth, such as disinfestation practices
					 or application of chemical materials.
Authority
					 G.S.
					 106-420;
Eff. December 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1500 - GYPSY MOTH › Section 48A .1506 - CANCELLATION OF CERTIFICATES/PERMITS/COMPLIANCE AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
					 G.S.
					 106-420;
Eff. December 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1500 - GYPSY MOTH › Section 48A .1507 - INSPECTION AND DISPOSAL OF REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
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 in
					 the North Carolina Plant Pest Law.
Authority
					 G.S.
					 106-420;
Eff. December 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1500 - GYPSY MOTH › Section 48A .1508 - SHIPMENT FOR SCIENTIFIC PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
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 which may be required in the permit. The permit shall be securely
					 attached to the outside of the shipping container.
Authority
					 G.S.
					 106-420;
Eff. December 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1600 - PHYTOPHAGOUS SNAILS › Section 48A .1601 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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 regulated articles and
				  the North Carolina Department of Agriculture, Plant Industry Division, wherein
				  the former agrees to comply with conditions specified in the agreement to
				  prevent the establishment or dissemination of phytophagous snails;
(3) Infestation. A property on which
				  phytophagous snails have been found, or a property onto which regulated
				  material has been moved for any purpose from an infested property, and
				  regulated or host material which has been exposed to, come in physical contact
				  with, or been stored where the pest has been found. Such properties shall be
				  considered infested until the Plant Pest Administrator is of the opinion that
				  phytophagous snails do not exist on said property;
(4) Inspector. Any authorized employee of the
				  North Carolina Department of Agriculture, Plant Industry Division, or any other
				  person authorized by the Commissioner of Agriculture to enforce the provisions
				  of this quarantine and regulations supplemental thereto;
(5) Pest and/or Phytophagous Snails. The
				  following snails in any stage of development:
(a) brown garden snail (Helix aspera
				  Muller);
(b) giant South American
				  snail (Megalobulimus oblongus Muller);
(c) white garden snail (Theba pisana
				  Muller);
(d) giant African snail
				  (Achatina spp.);
(e) any other
				  plant-feeding snail which may be determined by the Commissioner to be injurious
				  to North Carolina agriculture;
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1600 - PHYTOPHAGOUS SNAILS › Section 48A .1602 - REGULATED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
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,
				  Oregon, Texas, and Washington.
(2)
				  Any other areas hereafter found to be infested with phytophagous
				  snails.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. June 1,
					 1990;
Amended Eff. January 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1600 - PHYTOPHAGOUS SNAILS › Section 48A .1603 - HELICULTURE PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Raising, maintaining and/or holding phytophagous snails is
					 prohibited.
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 interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1600 - PHYTOPHAGOUS SNAILS › Section 48A .1604 - MOVEMENT PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Movement of phytophagus snails in any stage of development
					 is prohibited except for scientific purposes when moved under provisions of
					 federal or state regulations.
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 interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1600 - PHYTOPHAGOUS SNAILS › Section 48A .1605 - DISPOSITION

Current through Register Vol. 39, No. 2, July 15, 2024
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. The
					 Commissioner or his agent may allow regulated articles to move in sealed
					 vehicles to designated safe markets under limited permit.
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 interest Eff. March 24,
					 2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1600 - PHYTOPHAGOUS SNAILS › Section 48A .1606 - CONDITIONS GOVERNING MOVEMENT OF REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
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 shall
					 be consistent with the quarantine requirements of the exterior agency and shall
					 be designed to prevent establishment or dissemination of phytophagous snails in
					 North Carolina. Regulated articles shall be accompanied by valid certificates
					 or inspection tags issued by the state of origin when such certificates are
					 required under the quarantine or regulations of such agency.
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 interest Eff. March 24,
					 2019.