02 NCAC 48A .1109         TOBACCO PLANT IMPORT PERMIT

(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.

(c)  All tobacco plants imported under permit shall be inspected by the certifying agency of the state of origin based on standards contained in this Section.

(d)  All containers of tobacco plants imported under permit shall be subject to the following conditions:

(1)           The certificate of inspection must be firmly attached to each container of tobacco plants so as to be plainly visible from the outside:

(A)          inspection tape used to tie plants in bundles may have the certificate of inspection printed on it but stuffing a certificate in among the plants inside a container is not permitted;

(B)          the current valid certificate or a printed copy must be the only certificate on the container, all old certificates must be removed or voided.

(2)           The certificate of inspection shall show the name of the grower and location at which the plants were grown.

(3)           The variety name shall be stamped or printed on the certificate of inspection by the grower.

(4)           Any person, firm or corporation who willfully sells plants that have been mislabeled as to variety purity shall be guilty of a violation of this Section. Each sale or unsubstantiated claim shall be a separate violation.

History Note:        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.