(a)  Certificates may be issued by a specialist for the movement of regulated articles under the following conditions:

(1)           In the judgment of the specialist, they have not been exposed to infestations;

(2)           They have been examined by the specialist and found to be free of noxious weeds;

(3)           They have been treated under the direction of the specialist with control measures effective under the conditions applied;

(4)           They have been grown, produced, stored, or handled in such manner that, in the judgment of the specialist, designated noxious weeds would not be transmitted by movement of the article.

(b)  Limited permits may be issued by a specialist for the movement of noncertified regulated articles to specified destinations for limited handling, utilization, processing or treatment when the specialist determines no hazard of spread of noxious weeds exists.

(c)  Scientific permits may be issued by the Administrator to allow the movement of noxious weeds in any living stage and any regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the Plant Pest Administrator.  Scientific permits are issued pursuant to 02 NCAC 48A .1300.

(d)  Certificates or limited permits, which ensure the pest-free premises for the following:

(1)           Nurseries growing seedlings for aforestation or reforestration purposes; and

(2)           Sod farms producing sod for establishment of ornamental turf,

shall be issued by an inspector for intrastate and interstate shipments of conifer seedlings, hardwood seedlings and sod. To ensure pest-free premises, forest seedling nurseries and sod farms designated for crop production may be fumigated or treated with a fumigant such as methyl bromide or other pesticide registered with the United States Environmental Protection Agency.  Each shipment originating from another state shall be accompanied by a certificate or limited permit issued by the state of origin to verify fumigation or other treatments.

(e)  As a condition of issuance of certificates or limited permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles shall 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 specialist.


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

Eff. December 1, 1991;

Amended Eff. April 1, 2008.