(a)  It shall be the duty of the Commissioner to accept annually for the purpose of recording only the flue‑cured tobacco varieties that have been declared by the Tobacco Seed Committee (as identified in 02 NCAC 48C .0116) to have been identified as carrying the true characteristics of the variety, based on the evidence presented by each grower of each variety being recorded. The recording shall be made prior to December 1 preceding each growing season, using the same designation for each variety that was used when the variety was first sold, offered, exposed for sale, or recorded officially with an agency responsible for the enforcement of a state seed law.

(b)  The Commissioner shall refuse to accept for recording any flue‑cured tobacco variety, by any grower or distributor, that has not been declared by the Tobacco Seed Committee to be identified. Nothing in this Rule shall be interpreted to prohibit two or more persons recording a variety if the same designation is used for the variety by all persons recording.


History Note:        Authority G.S. 106‑277.15;

Eff. February 1, 1976;

Transferred from T02.11C Eff. January 1, 1985;

Amended Eff. January 1, 2016;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.