N.D. Admin Code 7-04-01-05 - Issuance and cancellation of certificates and permits

1. Certificates may be issued for any regulated articles by the commissioner if the commissioner determines that they are eligible for certification for movement to any destination under all state plant quarantines applicable to such articles and upon examination they have been found to be free from evidence of black stem rust and to be rust-resistant.

2. Limited permits may be issued by the commissioner to allow intrastate movement of regulated articles, not eligible for certification under this chapter, to specified destinations for limited handling or utilization, when upon evaluation of the circumstances involved in each specific case the commissioner determines that such movement will not result in the spread of the black stem rust and requirements of other applicable state plant quarantines have been met.

3. Restricted destination permits may be issued by the commissioner to allow the intrastate movement of regulated articles for other than scientific purposes to any destination permitted under all applicable state plant quarantines, if such articles are not eligible for certification under all such quarantines, but would otherwise qualify for certification under this chapter.

4. Scientific permits may be issued by the commissioner to allow the intrastate movement of regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the commissioner.

5. Certificate, limited permit, and restricted destination permit forms may be issued by the commissioner to any person for use by the latter for subsequent shipments provided such person is operating under a compliance agreement. Any such person may be authorized by the commissioner to reproduce such forms on shipping containers or otherwise. Any such person may use the certificate forms or reproductions of such forms for the intrastate movement of regulated articles from the premises of the person identified in the compliance agreement if the person has made the determination specified in subsection 1 with respect to such articles. Any such person may use the limited permit forms or reproductions of such forms, for intrastate movement of regulated articles to specific destinations authorized by the commissioner in accordance with subsection 2. Any such person may use the restricted destination permit forms or reproductions of such forms, for the intrastate movement of regulated articles not eligible for certification under all state plant quarantines applicable to such articles, under the conditions specified in subsection 3.

6. Any certificate or permit which has been issued or authorized may be withdrawn by the commissioner if the commissioner determines that the holder thereof has not complied with any condition for the use of such document imposed by this chapter.

General Authority:NDCC 4-33-02

Law Implemented:NDCC 4-33-04

Notes

N.D. Admin Code 7-04-01-05