North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-05 - Issuance and cancellation of certificates and permits

Current through Supplement No. 393, July, 2024
1. Certificates may be issued for any
				regulated articles by the commissioner if the commissioner determines that they
				are eligible for certification for movement to any destination under all state
				plant quarantines applicable to such articles and upon examination they have
				been found to be free from evidence of black stem rust and to be
				rust-resistant.
2. Limited permits
				may be issued by the commissioner to allow intrastate movement of regulated
				articles, not eligible for certification under this chapter, to specified
				destinations for limited handling or utilization, when upon evaluation of the
				circumstances involved in each specific case the commissioner determines that
				such movement will not result in the spread of the black stem rust and
				requirements of other applicable state plant quarantines have been
				met.
3. Restricted destination
				permits may be issued by the commissioner to allow the intrastate movement of
				regulated articles for other than scientific purposes to any destination
				permitted under all applicable state plant quarantines, if such articles are
				not eligible for certification under all such quarantines, but would otherwise
				qualify for certification under this chapter.
4. Scientific permits may be issued by the
				commissioner to allow the intrastate movement of regulated articles for
				scientific purposes under such conditions as may be prescribed in each specific
				case by the commissioner.
5.
				Certificate, limited permit, and restricted destination permit forms may be
				issued by the commissioner to any person for use by the latter for subsequent
				shipments provided such person is operating under a compliance agreement. Any
				such person may be authorized by the commissioner to reproduce such forms on
				shipping containers or otherwise. Any such person may use the certificate forms
				or reproductions of such forms for the intrastate movement of regulated
				articles from the premises of the person identified in the compliance agreement
				if the person has made the determination specified in subsection 1 with respect
				to such articles. Any such person may use the limited permit forms or
				reproductions of such forms, for intrastate movement of regulated articles to
				specific destinations authorized by the commissioner in accordance with
				subsection 2. Any such person may use the restricted destination permit forms
				or reproductions of such forms, for the intrastate movement of regulated
				articles not eligible for certification under all state plant quarantines
				applicable to such articles, under the conditions specified in subsection
				3.
6. Any certificate or permit
				which has been issued or authorized may be withdrawn by the commissioner if the
				commissioner determines that the holder thereof has not complied with any
				condition for the use of such document imposed by this chapter.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-04