reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0300 - EXTERIOR PESTS › Section 48A .0303 - COMPLIANCE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
As a condition of issuance of certificates or permits for
					 the movement of regulated articles, any person engaged in purchasing,
					 assembling, exchanging, handling, processing, utilizing, treating or moving
					 such articles may be required to sign a compliance agreement stipulating that
					 he will maintain such safeguards against the establishment and dissemination
					 and comply with such conditions as to the maintenance of identity, handling and
					 subsequent movement of such articles and the cleaning and treatment of means of
					 conveyance and containers used in the transportation of such articles as may be
					 required 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 .0300 - EXTERIOR PESTS › Section 48A .0304 - INSPECTION AND DISPOSAL

Current through Register Vol. 39, No. 2, July 15, 2024
Any properly identified inspector is authorized to stop and
					 inspect any person or means of conveyance moving into, within or from the State
					 of North Carolina upon probable cause to believe that such means of conveyance
					 or articles are regulated articles as defined in these Regulations and such
					 inspector is authorized to seize, treat, destroy, or otherwise dispose of
					 articles found to be in violation of these Regulations. Shippers or agents
					 shall provide to the inspector information such as origin, ownership,
					 destination, treatments or certifications received, quantity and any other
					 information pertinent to establishing the degree of infestation of an actual or
					 potential regulated article.
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 .0300 - EXTERIOR PESTS › Section 48A .0305 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Plant Pest Administrator may exempt exterior pests from
					 the provisions of this quarantine and regulations when he deems the potential
					 of the pest not applicable to conditions in North Carolina or when enforcement
					 of this quarantine and regulations is deemed not feasible under existing
					 circumstances.
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 .0400 - WHITE PINE BLISTER RUST › Section 48A .0401 - CURRANT AND GOOSEBERRY PLANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All wild and
				  cultivated currant and gooseberry plants in North Carolina are hereby declared
				  to be dangerous plants and are subject to destruction upon notice by the
				  Commissioner of Agriculture or authorized agents wherever found.
(b) No person shall knowingly and willfully
				  keep upon his or her premises any currant or gooseberry plant, or permit such
				  plants to mature seed or otherwise multiply upon his or her land.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Readopted Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0400 - WHITE PINE BLISTER RUST › Section 48A .0402 - INFECTED PINES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All five-leafed
				  pines infected with white pine blister rust in North Carolina are hereby
				  declared to be dangerous plants and are subject to destruction upon notice by
				  the Commissioner of Agriculture or authorized agents wherever found.
(b) No person shall knowingly and willfully
				  keep upon his or her premises any five-leafed pines infected with white pine
				  blister rust, or permit such plants to mature seed or otherwise multiply upon
				  his or her land.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
					 106-284.18;
					 106-420;
Eff. January
					 1, 1985;
Readopted Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0500 - WITCHWEED › Section 48A .0501 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of this Section, the following shall
					 apply:
(1) Certificate. A document
				  issued or authorized to be issued by an inspector to allow the movement of
				  regulated articles to any destination;
(2) Compliance Agreement. A written agreement
				  between an individual, or concern engaged in growing, 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 dissemination of the
				  witchweed;
(3) Exempt Area. Any
				  part of a regulated area which is exempt from these Regulations except where
				  the soil is disturbed at a depth greater than 30 inches;
(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) Infestation. The presence of the
				  witchweed or the existence of circumstances that make it reasonable to believe
				  that witchweed is present;
(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 quarantine and
				  regulations;
(7) Generally Infested
				  Area. Any part of a regulated area not designated as an exempt or suppressive
				  area;
(8) Mechanized Cultivating
				  Equipment and Mechanized Soil-Moving Equipment. Mechanized equipment used for
				  cultivating purposes--e.g., turning or disc plows; or to move or transport
				  soil--e.g., draglines, bulldozers, road scrapers and dump trucks;
(9) Permit. A document issued or authorized
				  to be issued by an inspector to allow the movement of noncertified regulated
				  articles to a specified destination for particular handling, utilization, or
				  processing, or for treatment;
(10)
				  Pest. The parasitic plant known as the witchweed (Striga spp.) in any stage of
				  development;
(11) Regulated Area.
				  Any counties or parts of counties in the State of North Carolina listed or
				  provided for in these Regulations;
(12) Soil. Soil shall be considered that part
				  of the upper layer of earth in which plants can grow (includes subsoil down to
				  parent material);
(13) Suppressive
				  Area. That part of a regulated area where eradication of infestation is
				  undertaken as an objective.
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 .0500 - WITCHWEED › Section 48A .0502 - REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
The Plant Industry Division, Plant Protection Section,
					 adopts by reference 7 CFR
					 301.80(b) entitled Regulated
					 Articles, with the inclusion of the witchweed (Striga spp.) in any stage of
					 development.
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 .0500 - WITCHWEED › Section 48A .0503 - CONDITIONS GOVERNING 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
				  Required. Unless exempted in these Regulations 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 Permits. Permits may be
				  issued by inspectors to allow the movement of noncertified regulated articles
				  to locations outside of the regulated areas for particular handling,
				  utilization, processing, or for treatment in accordance with approved
				  procedures, provided the inspector has determined that such movement will not
				  result in the spread of witchweed.
(3) Federal certificates or permits can be
				  used on all regulated articles interchangeably with North Carolina Department
				  of Agriculture Plant Industry Division Certificates.
(4) The Plant Industry Division, Plant
				  Protection Section, adopts by reference
				  7 CFR
				  301.80-7 and
				  7 CFR 301.80-4(a) entitled
				  Attachment of Certificates and Issuance of Certificates respectively.
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 .0500 - WITCHWEED › Section 48A .0504 - MOVEMENT OF REGULATED ARTICLES WITHIN REGULATED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
There are no restrictions imposed on the movement of
					 regulated articles within regulated areas except where the articles originate
					 on infested properties and an inspector has determined that a hazard of spread
					 exists and the property owner has been so notified. A property owner so
					 notified may move the specified regulated articles within the regulated areas
					 only under conditions approved 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 .0500 - WITCHWEED › Section 48A .0505 - COMPLIANCE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Plant
				  Industry Division, Plant Protection Section, adopts by reference
				  7 CFR
				  301.80-5 entitled Compliance Agreements
				  except that Deputy Administrator shall be deemed to mean Plant Pest
				  Administrator.
(b) Federal
				  compliance agreements can be used interchangeably with North Carolina
				  Department of Agriculture, Plant Industry Division forms.
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 .0500 - WITCHWEED › Section 48A .0506 - INSPECTION AND DISPOSAL

Current through Register Vol. 39, No. 2, July 15, 2024
Any properly identified inspector is authorized to stop and
					 inspect, any person or means of conveyance moving within or from the State of
					 North Carolina upon probable cause to believe that such means of conveyance or
					 articles are infested with the witchweed; and, such inspector is authorized to
					 seize, treat, destroy, or otherwise dispose of articles found to be moving in
					 violation of 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 .0500 - WITCHWEED › Section 48A .0507 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Plant
				  Industry Division, Plant Protection Section, adopts by reference
				  7 CFR
				  301.80-2(b) entitled
				  Exemptions.
(b) The following
				  article is exempt from certification and permit requirements: Seed cotton, if
				  moving to a designated gin.
(c)
				  Articles originating in those areas described in these Regulations as exempt
				  areas shall be exempt from all certification and permit requirements except
				  when the soil is disturbed at a depth greater than 30 inches below the
				  surface.
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 .0500 - WITCHWEED › Section 48A .0508 - REGULATED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
The Plant Industry Division, Plant Protection Section,
					 adopts by reference 7 CFR
					 301.80-2 A, Witchweed Regulated Areas, which
					 is administered by the U.S. Department of Agriculture, Animal and Plant Health
					 Inspection Service.
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 .0600 - BOLL WEEVIL › Section 48A .0601 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Section, in addition to
					 definitions contained in
					 G.S.
					 106-65.69, the following shall apply:
(1) Compliance Agreement. A written agreement
				  between a person engaged in growing, 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 dissemination of the boll weevil;
(2) Exemptions. Provisions contained in these
				  Regulations which provide for modifications in conditions of movement of
				  regulated articles from regulated areas under specified conditions;
(3) Elimination Zone. That portion of this
				  state where eradication of the boll weevil is undertaken as an
				  objective;
(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 Section;
(5) Regulated Area. Any state other than
				  North Carolina or any portion of such state that is infested with the boll
				  weevil;
(6) Noninfested Area. That
				  portion of this state not included in an elimination zone;
(7) Seed Cotton. Cotton as it comes from the
				  field prior to ginning;
(8) Gin
				  Trash. All of the material produced during the cleaning and ginning of seed
				  cotton, bollies or snapped cotton except the lint, cottonseed and gin
				  waste;
(9) Noncommercial Cotton.
				  Cotton intended for purposes other than processing;
(10) ASCS. United States Department of
				  Agriculture, Agricultural Stabilization and Conservation Service;
(11) Farm Operator. Person responsible for
				  production and sale of a cotton crop on any individual farm;
(12) Used Cotton Harvesting Equipment.
				  Previously utilized cotton equipment used to harvest, strip, transport, or
				  destroy cotton;
(13) Cotton Crop
				  Residue Destruction. Mowing of cotton plant stalks left in field after
				  harvesting of crop is completed.
Authority
					 G.S.
					 106-65.77;
					 106-65.91;
Eff.
					 January 1, 1985;
Amended Eff. May 1, 1992; 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 .0600 - BOLL WEEVIL › Section 48A .0602 - 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 boll weevil
				  (Anthonomus grandis Boheman) in any living stage of development;
(2) seed cotton;
(3) gin trash;
(4) used cotton harvesting
				  equipment;
(5) any other products,
				  articles, or means of conveyance, or any character whatsoever, not covered by
				  Subparagraphs (1) to (4) of this Rule, when it is determined by an inspector
				  that they present a hazard of spread of the boll weevil and the person in
				  possession thereof has been so notified.
Authority
					 G.S.
					 106-65.77;
					 106-65.91;
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 .0600 - BOLL WEEVIL › Section 48A .0603 - 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) A certificate or permit
				  is required to transport regulated articles from a regulated area into or
				  through any elimination zone in this state.
(2) A certificate or permit is required to
				  transport regulated articles from one elimination zone into or through another
				  elimination zone, and may be required to move regulated articles(s) within an
				  elimination zone when an inspector determines that the regulated article(s)
				  present a hazard of spread and the person in possession thereof has been
				  notified.
(3) When certificates or
				  permits are required, they shall be securely attached to the outside of the
				  container in which the articles are moved except where the certificate or
				  permit is attached to the shipping document and the regulated articles are
				  adequately described on the shipping document or on the certificate or permit,
				  the attachment of the certificate or permit to each of the containers is not
				  required.
(4) Certificates may be
				  issued by an inspector if the regulated articles:
(a) have originated in the noninfested area
				  of this state or in a noninfested area of any other state and have not been
				  exposed to infestation at any time;
(b) have been treated to destroy infestation
				  in accordance with approved procedure;
(c) have been grown, manufactured, stored or
				  handled in such a manner that in the judgment of the inspector no infestation
				  will be transmitted thereby; or
(d)
				  when they have been examined by the inspector and found to be free of
				  infestation.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0600 - BOLL WEEVIL › Section 48A .0604 - DISPOSITION OF CERTIFICATES AND PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
In all cases, certificates and permits shall be furnished
					 by the carrier to the consignee at the destination of the
					 shipment.
Authority
					 G.S.
					 106-65.77;
					 106-65.91;
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 .0600 - BOLL WEEVIL › Section 48A .0605 - MOVEMENT FOR SCIENTIFIC PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Regulated articles may be moved for experimental or scientific purposes in
				  accordance with specified conditions provided a scientific permit is obtained
				  from the Plant Pest Administrator and securely attached to the container of
				  such articles or to the article itself.
(b) Procedure for applying for permission for
				  moving regulated articles for scientific purposes is the same as set out in
				  02 NCAC
				  48A .1300.
(c) The procedure for processing an
				  application to move regulated articles is the same as that set out in
				  02 NCAC
				  48A .1300.
(d) Decisions on acceptance or rejection of
				  applications for movement of the regulated articles for scientific purposes are
				  based on the same criteria as set out in
				  02 NCAC
				  48A .1300.
Authority
					 G.S.
					 106-65.77;
					 106-65.91;
Eff.
					 January 1, 1985;
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 .0600 - BOLL WEEVIL › Section 48A .0606 - COMPLIANCE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As a condition
				  of issuance of certificates or permits for the movement of regulated articles,
				  any person engaged in purchasing, assembling, exchanging, handling, processing,
				  utilizing, treating, or moving such articles may be required to sign a
				  compliance agreement stipulating that he will maintain such safeguards against
				  the establishment and spread of infestation and comply with such conditions as
				  to the maintenance of identity, handling, and subsequent movement of such
				  articles, and the cleaning and treatment of means of conveyance and containers
				  used in the transportation of such articles as may be required by the
				  inspector.
(b) Any compliance
				  agreement may be cancelled by the inspector who is supervising its enforcement
				  whenever he finds, after notice and opportunity to present views has been
				  accorded to the other party thereto, that such other party has failed to comply
				  with the conditions of the agreement. Any compliance agreement may be cancelled
				  when compliance is no longer required.
Authority
					 G.S.
					 106-65.77;
					 106-65.91;
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 .0600 - BOLL WEEVIL › Section 48A .0607 - INSPECTION AND DISPOSAL

Current through Register Vol. 39, No. 2, July 15, 2024
An inspector is authorized to stop and inspect any person
					 or means of conveyance moving into, within, or from the State of North Carolina
					 upon reasonable grounds to believe that such means of conveyance or articles
					 are infested with the boll weevil; and such inspector is authorized to seize,
					 treat, destroy, or otherwise dispose of articles found to be moving in
					 violation of these Regulations.
Authority
					 G.S.
					 106-65.77;
					 106-65.91;
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 .0600 - BOLL WEEVIL › Section 48A .0608 - REPORTING OF ACREAGE: LOCATION OF COTTON ACREAGE

Current through Register Vol. 39, No. 2, July 15, 2024
All cotton farm operators and growers of noncommercial
					 cotton in an elimination zone shall submit a Cotton Acreage Reporting Form by
					 July 1 of the current growing season to the county ASCS office. A report shall
					 be filed for each year of participation in the program.
(1) Noncommercial cotton shall not be planted
				  in an elimination zone except under the conditions of a compliance agreement.
				  Growers of noncommercial cotton in an elimination zone may apply for a waiver
				  to grow cotton in an elimination zone. Applications, in writing, shall be made
				  to the Plant Pest Administrator stating the conditions for requesting such
				  waiver. The decision whether or not to waive all or part of these requirements
				  shall be based on the following:
(a) location
				  of growing area;
(b) size of
				  growing area;
(c) pest conditions
				  in the growing area;
(d)
				  accessibility of growing area;
(e)
				  any stipulations set forth in a compliance agreement between the individual and
				  the Department of Agriculture that are necessary for the effectuation of the
				  program.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0600 - BOLL WEEVIL › Section 48A .0609 - PURCHASE OF COTTON FOR EFFECTUATION OF PROGRAM OBJECTIVES

Current through Register Vol. 39, No. 2, July 15, 2024
The Commissioner may purchase growing cotton when he deems
					 it in the best interest of the program. Purchase price shall be based on the
					 ASCS farm established yield for the current year.
Authority
					 G.S.
					 106-65.77;
					 106-65.91;
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 .0600 - BOLL WEEVIL › Section 48A .0610 - DESIGNATED AREAS FOR BOLL WEEVIL CONTROL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  the purposes of this Section, the entire state of North Carolina shall
				  constitute an elimination zone.
(b)
				  A regulated area consists of any other state or any portion of such state
				  infested with boll weevil.
Authority
					 G.S.
					 106-65.77;
					 106-65.91;
Eff.
					 January 1, 1985;
Amended Eff. 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 .0600 - BOLL WEEVIL › Section 48A .0611 - PROGRAM PARTICIPATION AND PAYMENT OF FEES

Current through Register Vol. 39, No. 2, July 15, 2024
All cotton farm operators in the state are hereby required
					 to participate in the eradication program. Participation shall include timely
					 reporting of acreage and field locations, compliance with regulations, and
					 payment of fees. Farm operators within the elimination zone shall be notified
					 through the extension offices or newspapers of their program costs on a per
					 acre basis on or before March 15.
(1)
				  Growers are to report all planted cotton by completing a Cotton Acreage
				  Reporting Form and paying a per acre fee at the ASCS office by July 1 of the
				  current growing season.
(2) The fee
				  is nonrefundable and is to pay for the program's estimated costs as determined
				  by the Commissioner, but will not exceed nine dollars ($9.00) per
				  acre.
(3) Growers not reporting
				  planted cotton to ASCS by July 1 of the current growing season will be assessed
				  a three dollar ($3.00) per acre penalty.
(4) Growers under-reporting by more than ten
				  percent of the actual planted acreage, as determined by ASCS, will be assessed
				  a penalty of three dollars ($3.00) per acre on all acreage in excess of the
				  reported acreage.
(5) All acreage
				  for which fees have not been paid on or before July 15 of the current growing
				  season will be assessed a three dollar ($3.00) per acre penalty.
(6) Fees and penalties shall be made payable
				  to the North Carolina Department of Agriculture.
Authority
					 G.S.
					 106-65.74;
					 106-65.77;
					 106-65.88;
					 106-65.91;
Eff.
					 January 1, 1985;
Amended Eff. October 1, 1993; May 1, 1992; January
					 1, 1991; 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 .0600 - BOLL WEEVIL › Section 48A .0612 - COTTON STALK DESTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  notification in writing by the Commissioner of Agriculture, any farm operator
				  may be ordered to destroy standing cotton stalks in his or her fields when it
				  is deemed by the Plant Pest Administrator that the cotton stalks constitute a
				  potential for harboring overwintering population of boll weevils. As determined
				  by the Plant Pest Administrator, the cotton stalk destruction shall consist of
				  shredding or discing as necessary to eliminate standing stalks. The
				  notification will designate which fields are subject to stalk destruction.
				  Designation of fields subject to stalk destruction will be based on the
				  capturing of at least two adult boll weevils between September 15 and December
				  15 of a calendar year. Any field adjacent to a designated field may also be
				  subject to stalk destruction upon notification by the Commissioner.
(b) Any farm operator subject to the
				  provisions of Paragraph (a) of this Rule shall destroy the cotton stalks before
				  February 1 of the following calendar year. Any cotton stalks not destroyed
				  before February 1 shall be treated as regulated articles for the purposes of
				  G.S.
				  106-65.73. Any field containing the stalks on
				  February 1 shall be quarantined until the stalks are destroyed. Any farm
				  operator who fails to comply with this Rule, absent a waiver as provided in
				  Paragraph (c) of this Rule, shall be assessed a penalty fee of five dollars
				  ($5.00) per acre.
(c) Any farm
				  operator subject to the provisions of Paragraph (a) of this Rule who cannot
				  destroy cotton stalks before February 1 due to emergency or hardship may apply
				  for a waiver by submitting a letter before January 1 to the Plant Pest
				  Administrator stating the conditions justifying the waiver. The Plant Pest
				  Administrator shall notify the farm operator of his or her decision within two
				  weeks after receipt of such application. The Plant Pest Administrator is
				  located in the Plant Industry Division and can be contacted by calling the
				  Division at 919-707-3730. Waivers shall be approved only if justified by
				  emergency or hardship due to meteorological conditions, economic conditions, or
				  other causes beyond the control of the farm operator.
Authority
					 G.S.
					 106-65.73;
					 106-65.74;
					 106-65.77;
Eff.
					 December 1, 1985;
Amended Eff. January 1, 1987;
Readopted Eff. January 1, 2021.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0700 - IMPORTED FIRE ANT › Section 48A .0701 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of this Section the following shall
					 apply:
(1) Certificate. A document
				  issued or authorized to be issued by an inspector to allow the movement of
				  regulated articles to any destination;
(2) Compliance Agreement. A written agreement
				  between an individual, or concern, engaged in growing, 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 dissemination of the imported fire
				  ant;
(3) Exemptions. Conditions
				  contained in these Regulations which provide for modifications in conditions of
				  movement of regulated articles from regulated areas under specified
				  conditions;
(4) Infestation. The
				  presence of the imported fire ant or the existence of circumstances that make
				  it reasonable to believe that the imported fire ant is present;
(5) 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;
(6) Mechanized
				  Soil-Moving Equipment. Mechanical equipment used to move or transport
				  soil--e.g., draglines, bulldozers, road scrapers, and dump trucks;
(7) Permit. A document issued or authorized
				  to be issued by an inspector to allow the movement of noncertified regulated
				  articles to a specified destination for particular handling, utilization, or
				  processing, or for treatment;
(8)
				  Pest. The insect known as the imported fire ant (Solenopsis invicta Buren,
				  Solenopsis richteri Forel) in any stage of development;
(9) Regulated Area. Any counties or parts of
				  counties in the State of North Carolina listed or provided for in these
				  Regulations.
(10) Soil. Soil shall
				  be considered as that part of the upper layer of earth in which plants can
				  grow.
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 .0700 - IMPORTED FIRE ANT › Section 48A .0702 - REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
The following articles are regulated articles:
(1) the imported fire ant (Solenopsis invicta
				  Buren, Solenopsis richteri Forel) in any living stage of development;
(2) soil, compost, decomposed manure, humus,
				  muck and peat, separately or with other things;
(3) plants with roots with soil attached,
				  and/or roots and rhizomes of plants with soil attached (example: sweet
				  potatoes);
(4) grass sod;
(5) hay and straw;
(6) logs, pulpwood, and stumpwood;
(7) used mechanized soil-moving
				  equipment;
(8) any character
				  whatsoever, not covered by Items (1) to (7) of this Rule, when it is determined
				  by an inspector that they present a hazard of spread of imported fire ant and
				  the person in possession thereof has been so notified.
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 .0700 - IMPORTED FIRE ANT › Section 48A .0703 - CONDITIONS GOVERNING THE MOVEMENT OF REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless exempted in
				  02 NCAC
				  48A .0706, Exemptions, 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.
(b) Certificates must accompany the movement
				  of regulated articles. The areas designated generally infested shall include
				  those areas outlined in 7 CFR
				  301.81-2(a) with the
				  addition of Anson County as follows:
(1)
				  Anson County. That portion of the county bounded by a line beginning with the
				  junction of State Secondary Road 1756 and the Pee Dee River; thence south and
				  west along said road to its junction with State Secondary Road 1744; thence
				  south along said road to its junction with State Secondary Road 1745; thence
				  west along said road to its junction with State Secondary Road 1801; thence
				  south and east along said road to its junction with Highway 145; thence north
				  and east along said highway to its junction with Highway 74; thence east along
				  said highway to its junction with State Secondary Road 1748; thence north along
				  said road to its junction with the Pee Dee River;
(2) Other Areas. Any other areas in the State
				  of North Carolina now known or hereafter found infested with imported fire ant,
				  such other areas to become immediately subject to these Regulations when the
				  property owner or his agent is notified by the Plant Pest Administrator through
				  a newspaper release or through direct written notice to those concerned. Such
				  newly infested areas shall be presented at least one time annually to the Board
				  of Agriculture when said board can rescind or confirm such regulated
				  areas.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 48 - PLANT INDUSTRY › Subchapter A - PLANT PROTECTION › Section .0700 - IMPORTED FIRE ANT › Section 48A .0704 - ISSUANCE AND CANCELLATION OF CERTIFICATES AND PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Certificates and permits shall be issued
				  and cancelled pursuant to the criteria contained in
				  7 CFR
				  301.81-4; provided, references to "federal
				  domestic plant quarantines" shall be construed to mean "state plant
				  quarantines" and "Deputy Administrator" shall be construed to mean "Plant Pest
				  Administrator".
(b) Federal
				  certificates or permits may be used in lieu of permits issued by the North
				  Carolina Department of Agriculture.
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 .0700 - IMPORTED FIRE ANT › Section 48A .0705 - ADOPTION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
7 CFR
					 301.81-5, -6, -7
					 entitled respectively Compliance Agreements, Assembly and Inspection of
					 Regulated Articles and Attachment and Disposition of Certificates and Permits,
					 are adopted by reference; provided that, references to "interstate" shall mean
					 "intrastate" and references to the "Deputy Administrator" shall mean "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 .0700 - IMPORTED FIRE ANT › Section 48A .0706 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following regulated articles are exempt from
					 certification and permit requirements from all regulated areas under the
					 applicable conditions prescribed in Items (1) to (6) of this Rule:
(1) soil samples of one pound or less which
				  are packaged so that no soil will be spilled in transit and are consigned to
				  laboratories operating under compliance agreement;
(2) soil samples of any size collected and
				  shipped to any U.S. Army Corps of Engineers soil laboratory;
(3) compose, decomposed manure, humus and
				  peat, if dehydrated, ground, pulverized, or compressed;
(4) logs and pulpwood, provided, the loading
				  site has been treated;
(5)
				  stumpwood, if free of excessive amounts of soil, provided, the railroad loading
				  site has been treated and the stumpwood is consigned to a designated
				  plant;
(6) used mechanized
				  soil-moving equipment, if cleaned and repainted;
(7) material being safely transported to a
				  U.S. Department of Agriculture approved laboratory.
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 .0800 - POTATO VIRUS Y › Section 48A .0801 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions will apply to this
					 Section:
(1) Potato Virus Y (PVY). The
				  plant virus known as potato virus Y which is the causal agent of veinbanding of
				  tobacco;
(2) Infestation or
				  Infected Plant. The presence of the virus as determined by serological or host
				  reaction tests;
(3) Inspector. Any
				  authorized employee of the North Carolina Department of Agriculture, Plant
				  Industry Division, or other person authorized by the Commissioner of
				  Agriculture to enforce the provisions of this quarantine;
(4) Regulated Areas. Any civil division and
				  parts of civil divisions in the United States from which the importation of
				  regulated articles into North Carolina is prohibited;
(5) Regulated Articles. Plants, plant
				  products or insects capable of harboring or transmitting potato virus Y which
				  are listed in 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 .0800 - POTATO VIRUS Y › Section 48A .0802 - REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
The following articles are regulated under the provisions
					 of these Regulations:
(1) the plant
				  virus known as potato virus Y;
(2)
				  tomato plants originating in regulated areas;
(3) tobacco plants originating in regulated
				  areas;
(4) any other plants
				  implicated as carriers of PVY.
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 .0800 - POTATO VIRUS Y › Section 48A .0803 - CONDITIONS GOVERNING THE MOVEMENT OF REGULATED ARTICLES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requirements under other applicable state
				  quarantines must also be met.
(b)
				  Articles regulated under the provisions of these Regulations may not be moved
				  from regulated areas into North Carolina, moved within, sold or given away in
				  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 .0800 - POTATO VIRUS Y › Section 48A .0804 - INSPECTION AND DISPOSAL

Current through Register Vol. 39, No. 2, July 15, 2024
Any properly identified inspector is authorized to stop and
					 inspect any means of conveyance moving within or into the State of North
					 Carolina upon probable cause to believe that such means of conveyance is
					 carrying regulated articles; and, such inspector is authorized to seize, treat,
					 destroy, return to shipper or otherwise dispose of articles found to be moving
					 in violation of these Regulations. Any tomato plants, planted or unplanted in
					 North Carolina found to be infected with potato virus Y during early season may
					 be ordered destroyed under the provisions of
					 G.S.
					 106-421 if in the opinion of the inspector
					 the plants are a PVY hazard to nearby tobacco.
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 .0800 - POTATO VIRUS Y › Section 48A .0805 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Plants may be exempted from the provisions of this
					 quarantine provided they meet the following provisions:
(1) All plants are grown in a
				  greenhouse;
(2) The plants are
				  maintained aphid free by means of insecticidal treatment;
(3) The appropriate state agency of the
				  quarantined state certifies that the provisions in this Rule have been met and
				  that the plants are apparently free of potato virus Y and so indicates by means
				  of stamp or printed label on each carton, crate or box.
Authority
					 G.S.
					 106-65.45;
					 106-65.46;
Eff.
					 January 1, 1985;
Amended Eff. October 1, 1989;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 24,
					 2019.