02 NCAC 48A .1504         CONDITIONS GOVERNING THE MOVEMENT OF REGULATED ARTICLES

The following conditions govern the movement of regulated articles:

(1)           Certificate or permit ‑ Unless exempted, a certificate or permit must accompany the movement of regulated articles from any regulated area into or through any point outside thereof. Regulated articles originating outside of a regulated area may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles provided, in the case of articles moved through a regulated area, the regulated articles are protected from infestation, while within regulated areas, to the satisfaction of an inspector;

(2)           Issuance of certificates ‑ Certificates may be issued by an authorized inspector for movement of regulated articles under any of the following conditions:

(a)           In the judgement of the inspector, they have not been exposed to infestations;

(b)           They have been examined by the inspector and found to be free of gypsy moths;

(c)           They have been treated to destroy gypsy moths under the direction of the inspector and according to methods selected by him from administratively authorized procedures known to be effective under the conditions in which applied;

(d)           Grown, produced, manufactured, stored, or handled in such manner that, in the judgement of the inspector, gypsy moths would not be transmitted by movement of the article.

(3)           Issuance of permits ‑ Permits may be issued by an authorized inspector for the movement of noncertified regulated articles to specified destinations under conditions specified for limited handling, use, processing, or treatment;

(4)           Federal certificates or permits ‑ Federal certificates or permits can be used on all regulated articles interchangeably with North Carolina Department of Agriculture, Plant Industry Division Certificates;

(5)           Use of certificates or permits with shipments ‑ All regulated articles are required to have a certificate or permit attached when offered for movement. If a certificate or permit is attached to the invoice or waybill, the attachment of a certificate or permit to the regulated article will not be required. Certificates or permits attached to the invoice, waybill, or other shipping document, shall be given by the carrier to the consignee at the destination of the shipment, or to an inspector when requested;

(6)           Assembly of articles for inspection ‑ Persons (other than those authorized to issue certificates or permits), who desire to move interstate or intrastate any regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, (should be no less than 48 hours before the desired movement), request an inspector to examine the articles prior to movement. Such articles shall be assembled at such point and in such manner as the inspector designates to facilitate inspection.

History Note:        Authority G.S. 106‑420;

Eff. December 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 24, 2019.