Section 50. Conditions governing the issuance of certificates and permits

A. Certificates. Certificates may be issued by an authorized inspector for the movement of the regulated articles designated in 2VAC5-330-20 under any of the following conditions when:

1. In the judgment of the inspector, they have not been exposed to infestations;

2. They have been examined by the inspector and found to be free of gypsy moth;

3. They have been treated to destroy gypsy moth 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;

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

B. 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.

C. Compliance agreement. As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving regulated articles may be required to sign a compliance agreement. The agreement shall stipulate that safeguards will be maintained against the establishment and spread of infestation, and will comply with the conditions governing the maintenance of identity, handling, and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers.

D. 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 limited 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.

E. Assembly of articles for inspection. Persons intending to move any regulated articles shall apply for inspection as far in advance as possible. They shall safeguard the articles from infestation. The articles shall be assembled at a place and in a manner designated by the inspector to facilitate inspection.

Historical Notes

Derived from VR115-04-02 § 5, eff. April 15, 1982; amended, eff. April 1, 1983; amended, Volume 01, Issue 08, eff. January 1, 1985; Volume 02, Issue 15, eff. May 28, 1986; Volume 03, Issue 05, eff. January 1, 1987; Volume 04, Issue 03, eff. January 1, 1988; Volume 05, Issue 06, eff. January 1, 1989; Volume 06, Issue 06, eff. January 1, 1990; Volume 07, Issue 06, eff. January 16, 1991; Volume 10, Issue 24, eff. February 13, 1992; Volume 10, Issue 24, eff. September 26, 1994.

Statutory Authority

§ 3.2-703 of the Code of Virginia.