reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0800 - POTATO VIRUS Y › Section 48A .0806 - REGULATED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
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 States when it has been determined potato
				  virus Y is present on a year-round basis, and/or there is the possibility of a
				  PVY spread hazard on tomato plants from these areas.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0901 - REGULATED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
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 infested with the sweet
				  potato weevil or which are regulated by the plant regulatory agency of the
				  state concerned;
(2) North
				  Carolina. New Hanover County: The entire island bordered on the west by the
				  Cape Fear River and on the east by the Atlantic Ocean and south of that line
				  established from the Carolina Beach Inlet from the Atlantic Ocean along the
				  Intracoastal Waterway at Snow Canal until it reaches the Cape Fear
				  River;
(3) Brunswick County. The
				  entire area bordered on the north by the Intracoastal Waterway and on the east
				  by the Cape Fear River and on the south by the Atlantic Ocean and on the west
				  by a straight line beginning at the junction of Highway 133 with the
				  Intracoastal Waterway, extending south through the point where Highway 133
				  ends, and terminating at the junction of said straight line with the Atlantic
				  Ocean;
(4) Other Areas. Any other
				  areas in the State of North Carolina now known or hereafter found infested with
				  the sweet potato weevil shall become subjected to these Regulations upon
				  written notification to those concerned. Such newly infested areas shall be
				  presented at least one time annually to the Board of Agriculture at which time
				  said board can rescind or confirm such regulated areas.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Amended Eff. October 1, 1989; January 1, 1987;
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0902 - DEFINITION OF WORDS: TERMS AND PHRASES

Current through Register Vol. 39, No. 2, July 15, 2024
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) in any
				  stage of development--egg, larva, pupa or adult;
(2) Department. The North Carolina Department
				  of Agriculture;
(3) State
				  Entomologist. The Plant Pest Administrator of the Plant Industry Division,
				  North Carolina Department of Agriculture;
(4) Commissioner. The Commissioner of
				  Agriculture for North Carolina;
(5)
				  Agent or Inspector. An authorized representative of the Commissioner;
(6) Regulated Article. Sweet potatoes,
				  dehydrated sweet potatoes, sweet potato roots, plants, vines or parts thereof;
				  vines or roots of any other plants belonging to the genus Ipomoea; and such
				  other plants as may be found to be hosts of the sweet potato weevil, and used
				  containers;
(7) Container. A crate,
				  box, basket, sack or any other kind of container used in handling or moving
				  sweet potatoes, dehydrated sweet potatoes, or sweet potato vines, or
				  roots;
(8) Person. An individual,
				  firm or corporation;
(9)
				  Quarantined or Regulated Area. Any portion of the State of North Carolina or of
				  any other state in which the sweet potato weevil is found, or has been placed
				  under quarantine on account of same;
(10) Property. Any structure or parcel of
				  land on which planting of sweet potatoes or other restricted material is
				  growing or has been grown, stored, or processed;
(11) Infestation or Infested Property. A
				  property on which host material has been found infested with the sweet potato
				  weevil, 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, has come in physical contact with, or been stored where the
				  weevil has been found. Such properties shall be considered infested until the
				  Plant Pest Administrator is of the opinion that the sweet potato weevil no
				  longer exists on said property;
(12) Nonquarantined Area. That portion of the
				  State of North Carolina outside a quarantined area;
(13) Processors. Persons who operate sweet
				  potato canning and/or dehydrating plants;
(14) Storehouse or Warehouse. A building
				  where sweet potatoes are assembled and stored;
(15) Dealer. An individual, firm or
				  corporation commercially engaged in the handling, sale, offering for sale
				  and/or movement of sweet potatoes.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0903 - MOVEMENT PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
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 bedding
				  purposes or infested sweet potato plants or vines for planting is
				  prohibited.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0904 - MOVEMENT REGULATED

Current through Register Vol. 39, No. 2, July 15, 2024
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 the sweet potato weevil.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0905 - MOVEMENT HAZARD

Current through Register Vol. 39, No. 2, July 15, 2024
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 or possessor of the article, product, or
					 item.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0906 - DISPOSITION

Current through Register Vol. 39, No. 2, July 15, 2024
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 of Agriculture, 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; however, no
					 quarantined seed sweet potatoes will be allowed to move under any condition in
					 North Carolina.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0907 - GROWTH AND STORAGE

Current through Register Vol. 39, No. 2, July 15, 2024
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 spread or development hazard,
					 noninfested sweet potatoes for nonseed purposes may be stored in tight
					 warehouses, curing houses and other buildings used for potato storage in the
					 regulated area provided they are protected and handled in a manner approved by
					 the Plant Pest Administrator.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0908 - CONDITIONS GOVERNING MOVEMENT OF REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
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 state inspector certifying
				  the following:
(a) that the sweet potatoes
				  were fumigated in a fumigation chamber, approved by the state inspector, with
				  methyl bromide or other approved fumigant at the proper dosage and time of
				  exposure necessary to kill all stages of the weevil, and done under the
				  supervision of the office of the Plant Pest Administrator:
(b) that the sweet potatoes are shipped
				  immediately after being fumigated;
(c) that the car or truck was thoroughly
				  cleaned before loading to prevent reinfestation.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0900 - SWEET POTATO WEEVIL › Section 48A .0909 - WAIVER OF REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
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 requirements on specified articles, products and
					 items.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0910 - DEALER AND HANDLER REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(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 Carolina
				  Department of Agriculture, Plant Industry Division.
(b) The Commissioner may prescribe and
				  enforce sanitary and handling regulations both in and out of regulated areas
				  designed to prevent the spread or development hazard of the sweet potato
				  weevil.
(c) All seed sweet potatoes
				  or transplants sold in North Carolina by these individuals shall be accompanied
				  by a certificate of inspection issued by the appropriate official plant
				  quarantine agency of the state of origin, stating that seed potatoes, beds, and
				  resulting transplants were inspected and found to be apparently free of the
				  sweet potato weevil and that these transplants originated in a noninfested
				  area.
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 .0900 - SWEET POTATO WEEVIL › Section 48A .0911 - RESPONSIBILITY FOR DAMAGES

Current through Register Vol. 39, No. 2, July 15, 2024
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 possessor shall bear the costs of any treatments that may be
					 required under these Regulations.
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 .1000 - VEGETABLE PLANT CERTIFICATION › Section 48A .1001 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
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 for
					 sale or shipped into North Carolina shall be provided with a statement as to
					 the variety and shall also meet additional qualitative requirements as stated
					 in these rules.
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 .1000 - VEGETABLE PLANT CERTIFICATION › Section 48A .1002 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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
				  Agriculture, Plant Industry Division, wherein the party agrees to handle or
				  dispose of vegetable plants, crates or labels only in a specified
				  manner.
(2) Inspector. Means an
				  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 these rules.
(3) Seed Potato. Means a tuber of the white
				  potato (Solanum tuberosum L.) or any part thereof, sold or represented for sale
				  for the purpose of propagation.
(4)
				  Variety. Means a subdivision of a kind characterized by growth, plant, fruit,
				  seed, or other constant characteristics by which it can be differentiated in
				  successive generations from other sorts of the same kind.
(5) Hybrid. Means the first generation seed
				  of a cross produced by controlling cross-fertilization and combining:
(a) two or more inbred lines or clones;
				  or
(b) one or more inbred lines or
				  clones with an open-pollinated variety; or
(c) two or more varieties or species, clonal
				  or otherwise, except open-pollinated varieties of normally cross-fertilized
				  species.
The second generation or subsequent generation seed from
					 such a cross shall not be designated as hybrids. A hybrid designation when
					 applicable, shall satisfy the requirement for variety name in these
					 rules.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1000 - VEGETABLE PLANT CERTIFICATION › Section 48A .1003 - CERTIFICATE OF INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(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 conform to standards promulgated by the
				  Board of Agriculture in regard to freedom from plant pests;
(2) indicating the grower by name or by
				  grower identification number;
(3)
				  firmly attached to each crate, bag, box or other container of vegetable
				  plants;
(4) plainly visible from an
				  outside inspection (i.e., is not stuffed in among the plants);
(5) which the only certificate on the
				  container with the possible exception of the variety statement.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1000 - VEGETABLE PLANT CERTIFICATION › Section 48A .1004 - VARIETY STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  or otherwise indicated by the grower on one of the following: the certificate
				  of inspection, a separate tag affixed in a prominent place on the outside of
				  the crate, bag, box or other container, or in a prominent place on the crate,
				  bag, box or other container directly. Dealers, brokers or any other person
				  shall not add a variety name or statement other than the name placed by the
				  grower of the plants.
(b) A person,
				  firm or corporation shall not pack, offer or expose for sale, or ship into this
				  state any vegetable plants for which unsubstantiated claims have been made or
				  which are otherwise mislabeled as to variety. Shippers or dealers having in
				  their possession plants that are unlabeled as to variety may offer these plants
				  for sale provided such plants are plainly labeled variety not stated.
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 .1000 - VEGETABLE PLANT CERTIFICATION › Section 48A .1006 - DISPOSITION OF PLANTS FOUND IN VIOLATION OF REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 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.
(b)
				  Vegetable plants not meeting standards promulgated by the Board of Agriculture
				  in regard to freedom from plant pests may be treated, destroyed, or otherwise
				  disposed of in accordance with
				  G.S.
				  106-421.
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 .1000 - VEGETABLE PLANT CERTIFICATION › Section 48A .1007 - MOVEMENT FOR SCIENTIFIC PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
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
					 48A .1300 provided a North Carolina
					 scientific permit is securely attached to the containers of such
					 plants.
Authority
					 G.S.
					 106-65.45;
					 106-45.46;
					 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 .1000 - VEGETABLE PLANT CERTIFICATION › Section 48A .1008 - NOTIFICATION OF INTENT TO IMPORT CERTAIN VEGETABLE PLANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 notify, on forms supplied by the North Carolina Department of
				  Agriculture, Plant Pest Administrator, of such an intent before any shipment of
				  such plants enters this state.
(b)
				  Notification shall include:
(1) name and
				  address of importer;
(2) type of
				  vegetable plant to be imported;
(3)
				  name and address of transplant grower;
(4) number of plants to be brought into North
				  Carolina;
(5) approximate date of
				  importation of plants;
(6) intended
				  use of plants;
(7) other
				  information as may be required by the Plant Pest Administrator, Plant Industry
				  Division.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
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
					 importation of pests affecting the future stability of the tobacco industry and
					 the general welfare of the public by prohibiting the importation of tobacco
					 plants into North Carolina from any other state or foreign country unless under
					 import permit.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. April
					 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 .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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 to the standards contained in this Section;
(2) Certified Tobacco Plants for
				  Transplanting. Plants which have been tagged or labeled so as to indicate that
				  such plants have been grown under the certification procedures of the
				  certifying agency;
(3) Certificate
				  of Inspection. An official tag or label of the officially recognized inspecting
				  or certifying agency indicating that the plants have been inspected by an
				  authorized agent of such agency and found to conform to the appropriate
				  standards as established by law and by these Rules;
(4) Standards. As applied to tobacco plants
				  standards shall include freedom from injurious insects, diseases, nematodes,
				  and other pests or the damage caused by same and means the standards with
				  respect to these as established and fixed in these rules;
(5) Scientific Permit. A document issued by
				  the Plant Pest Administrator to allow the movement of tobacco plants in
				  violation of this Section for experimental or scientific purposes;
(6) 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 Section;
(7) Tobacco Plant
				  Import Permit. A document issued by the Plant Pest Administrator to allow the
				  importation of tobacco transplants;
(8) Emergency Conditions. Any plant bed
				  failure due to but not limited to environmental conditions or pest infestations
				  of a local or general nature.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. April
					 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 .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1103 - UNLAWFUL USE OR DISTRIBUTION OF PLANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 plants are certified
				  tobacco plants and are imported under the tobacco plant import
				  permit.
(b) Only certified tobacco
				  plants shall be sold or offered for sale in North Carolina, except that a
				  person may sell or donate uncertified tobacco plants produced in North Carolina
				  to residents of this state provided the planting location is within 75 miles
				  from where the plants were produced.
(c) A North Carolina resident, including any
				  firm, company, partnership or corporation having its principal place of
				  business in this state, engaged in the production of tobacco on land located
				  both in North Carolina and a contiguous state, may apply to the Plant Pest
				  Administrator for an exemption from the certification and importation
				  requirements of this Section. Exemptions may be granted if each of the
				  following conditions exist:
(1) the land is
				  used for tobacco production;
(2)
				  the land lies both in this state and a contiguous state; and
(3) the land does not extend more than 30
				  miles from the North Carolina border.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1104 - INFESTED PLANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Any tobacco plants in North Carolina whether or not
					 accompanied by a certificate of inspection, found infested with or damaged by
					 injurious pests, are infested plants and are 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. April
					 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 .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1105 - STOP SALE OR USE 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 or Use Notice" when tobacco plants are found to be or
				  suspected to be infested or not grown and inspected as required by any
				  provision of law or these rules.
(b) It shall be unlawful for any person,
				  after receipt of such "Stop Sale or Use Notice," to remove such notice from
				  plants or from any location to which attached; or, to sell, give away, move,
				  plant 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. April
					 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 .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1106 - DISPOSITION OF PLANTS IN VIOLATION

Current through Register Vol. 39, No. 2, July 15, 2024
Plants on which a Stop Sale or Use Notice has been issued
					 shall be removed from any sales area so as not to be exposed for sale. The
					 inspector may, when it is deemed advisable, require plants in violation to be
					 returned to shipper, treated, destroyed, or otherwise disposed
					 of.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. April
					 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 .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1107 - EMERGENCY CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commissioner of Agriculture may waive this Section in whole or in part or set
				  standards as to pest or disease tolerances different from those in Rule .1110
				  of this Subchapter when it has been determined that emergency conditions
				  warrant such action.
(b) Any grower
				  applying for an emergency waiver shall make verbal application to the
				  Commissioner of Agriculture followed by a written application stating the
				  conditions under which he requests such waiver and certify that he has made an
				  effort to grow his own plants, obtain plants on a local level or obtain plants
				  elsewhere within the states that comply with this Section and that such plants
				  were not available.
(c) A review
				  committee made up of the Commissioner of Agriculture, the Plant Pest
				  Administrator, Plant Industry Division and a representative of the Dean, School
				  of Agriculture and Life Sciences, North Carolina State University, Raleigh,
				  shall review such requests and reply to the applicant in writing in not less
				  than one working day or more than five working days from the receipt of such
				  application.
(d) The review
				  committee may upon the application of one or more growers from a given
				  geographical area and upon determination by the committee that an emergency
				  condition exists waive all or part of this Section for a designated
				  geographical area.
(e) The decision
				  whether or not to waive all or part of this Section will be based on knowledge
				  gained from county agricultural extension agents, tobacco growers, Department
				  of Agriculture personnel, extension tobacco specialists, and other tobacco
				  workers having knowledge of the conditions in the geographical area of the
				  applicant.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. April
					 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 .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1108 - SECTION NOT APPLICABLE

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of this Section shall not apply to the sale
					 of plants produced in North Carolina for use outside North Carolina provided
					 that such plants are found not to be infested with pests such that the exposure
					 for sale or planting is deemed by Commissioner or his agent to be a hazard to
					 the tobacco industry of North Carolina.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. April
					 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 .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1109 - TOBACCO PLANT IMPORT PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any tobacco
				  producer may submit application for a tobacco plant import permit so that he
				  may obtain tobacco transplants from an out-of-state transplant
				  grower.
(b) Applications for such
				  permission will be subject to the following conditions:
(1) Applications in writing shall be made to
				  the Plant Pest Administrator, Plant Industry Division.
(2) Applications shall include the following:
(A) name and address of North Carolina
				  tobacco producer,
(B) name and
				  address of transplant grower,
(C)
				  number of plants to be brought into North Carolina,
(D) location of where plants are to be set
				  out in North Carolina,
(E) reason
				  for bringing plants into North Carolina as opposed to growing or obtaining
				  plants from within North Carolina.
(3) Applications will be reviewed by the
				  Plant Pest Administrator, Plant Industry Division and either approved or
				  disapproved based on:
(A) information
				  contained in the application,
(B)
				  past performance of the transplant grower as determined by a certifying
				  agency,
(C) ability of the
				  transplant grower to meet the certification standards of this Section as
				  determined by a certifying agency.
(4) Applications may be initially approved
				  and later disapproved if it becomes apparent that:
(A) the transplants to be brought into North
				  Carolina do not meet the certification standards of this Section, or
(B) the North Carolina tobacco producer has
				  provided false or misleading information on his application to import tobacco
				  transplants.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1100 - TOBACCO PLANT CERTIFICATION › Section 48A .1110 - STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All tobacco
				  plants shall meet the requirements of all applicable state and federal plant
				  pest quarantines.
(b) All certified
				  tobacco plants offered for sale or imported under permit into North Carolina
				  shall meet the following requirements:
(1) The
				  soil in the beds in which the plants are to be grown shall be fumigated under
				  plastic cover with methyl bromide (minimum 60 percent in formulation at the
				  rate indicated on the label for tobacco transplant beds).
(2) All plants shall be field inspected a
				  maximum of five days prior to their being offered for sale in North
				  Carolina.
(3) All plants shall be
				  found apparently free from all injurious plant pests including but not limited
				  to insects, diseases and nematodes.
(4) All plants shall be apparently free of
				  blue mold, target spot, black shank, Granville wilt, Fusarium wilt, virus
				  diseases and root knot nematodes.
(5) To aid in ensuring apparent freedom from
				  injurious plant pests, the grower shall make full use of all compatible and
				  approved pest control practices during the growing of the
				  transplants.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1202 - NURSERIES TO APPLY FOR INSPECTION OR REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  nurserymen who distribute nursery stock in North Carolina, except as provided
				  in (b) of this Rule, shall make application to the Plant Industry Division for
				  inspection prior to offering plants for distribution or sale.
(b) All nurserymen whose business is less
				  than one acre in size and whose sales are confined to North Carolina shall
				  register their nurseries with the Plant Industry Division prior to distributing
				  or selling any nursery stock.
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 .1203 - REPEALED - OTHER PLANT INSPECTIONS

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. June 1,
					 1990.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1204 - CLASSIFICATION OF NURSERIES

Current through Register Vol. 39, No. 2, July 15, 2024
All nurseries in North Carolina shall be classified as
					 certified or registered. All nurserymen have the right to request the category
					 to which they are assigned. Final assignment may be based on agreement between
					 the inspector and nurseryman.
(1)
				  Certified. Any nursery that is one acre or more in size or that produces and
				  distributes or sells nursery stock outside the state:
(a) Retail Nursery. Any nursery where 80
				  percent or more of the nursery stock sold is to the final consumer;
(b) Wholesale Nursery. Any nursery where 80
				  percent or more of the nursery stock sold is to other nurseries, dealers or
				  persons for resale;
(c) Retail and
				  Wholesale Nursery. Any nursery where sales consist of nursery stock which is
				  sold as follows:
(i) directly to the final
				  consumer, and
(ii) to other
				  nurseries and/or dealers for resale with the percentage of sales for categories
				  (a) and (b) being less than 80 percent each;
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .1200 - NURSERY CERTIFICATION › Section 48A .1205 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Fees for nursery inspection or registration based on acres
					 of salable nursery stock are as follows:
(1) Certified:
First acre or fraction thereof $100.00
Each additional acre $3.00
(2) Registered $20.00
(3) Institutional None
A certificate shall not be issued until the nursery has
					 complied with all plant pest quarantine rules in this Chapter and all
					 inspection or registration fees are paid.
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 .1206 - CERTIFICATE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
No person shall distribute, sell or offer for sale nursery
					 stock or collected plants without a valid nursery dealer certificate, plant
					 inspection certificate or nursery registration certificate as required in these
					 rules.
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 .1207 - NURSERY INSPECTION AND RECORD KEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  plant inspection certificate shall be issued after the nursery has been
				  inspected by an inspector of the North Carolina Department of Agriculture,
				  found apparently free of injurious plant pests, and the proper fee paid. An
				  inspection shall be conducted at least once annually prior to September 30 of
				  each year. The certificate shall be valid until September 30 of the following
				  year, but may be revoked or suspended for cause in accordance with the
				  provisions of G.S. Chapter 150B.
(b) A nursery registration certificate shall
				  be issued after the nursery has been inspected by an inspector of the North
				  Carolina Department of Agriculture, found apparently free of injurious plant
				  pests, less than one acre in size, and the proper fee paid. An inspection shall
				  be conducted at least once every three years. Registration may be revoked or
				  suspended for cause in accordance with the provisions of G.S. Chapter 150B. A
				  person who holds a nursery registration certificate shall immediately report to
				  the Plant Industry Division any changes in acreage or shipping procedures when
				  such changes result in their being placed in a different nursery
				  classification, (i.e. an increase in business size to one acre or more or
				  out-of-state sales).
(c) All
				  nurserymen may be required to keep accurate records of plant acquisitions and
				  sales when such records are deemed necessary by the Plant Pest Administrator in
				  order to trace the spread of plant pests. The records shall be presented upon
				  request to any authorized 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 .1208 - NURSERY DEALER CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Persons who maintain no regular nursery but who deal in nursery stock grown in
				  certified or registered nurseries or who deal in collected plants shall be
				  required to possess a nursery dealer certificate. To obtain such a certificate,
				  the nursery dealer shall submit an application listing all sources of nursery
				  stock and collected plants to be distributed or sold. It shall be a violation
				  of this Section for a nursery dealer to distribute or sell nursery stock or
				  collected plants which have not been inspected and certified by an inspector in
				  North Carolina or an authorized plant pest regulatory official of another state
				  or country.
(b) The annual fee for
				  a nursery dealer certificate shall be fifty dollars ($50.00) for each location
				  from which nursery stock is sold, bartered, exchanged or given away. This
				  certificate expires December 31 of each year.
(c) All nursery stock or collected plants in
				  the custody of any dealer shall be subject to inspection at any time and shall
				  be maintained in certifiable condition. Dealer certificates may be revoked at
				  any time for cause. Records shall be kept of all plant acquisitions and shall
				  be made available to any inspector of the North Carolina Department of
				  Agriculture and Consumer Services upon request.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Amended Eff. June 1, 1990;
Temporary Amendment
					 Eff. November 24, 2003;
Amended Eff. June 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.