S.C. Code Regs. § § 27-163
Current through Register Vol. 48, No. 10, October 25, 2024
Section 27-163 - Nursery Stock ShipmentNursery Stock shipment to and from Nursery Growers and Nursery Dealers in South Carolina must adhere to all requirements of this section. Nursery Certificate Tags, whether self-printed by the Nursery or pre-printed by the Department, must meet Department standards for issuance and use. Nurseries must have a current Nursery Grower Certificate or Nursery Dealer Certificate and meet the requirements of these regulations and all other applicable state and federal regulations and laws, as determined by the Department, before applying for Nursery Certificate Tags.
A. Nursery Certificate Tags Request Nursery Grower and Nursery Dealer shipments of Nursery Stock must have attached a Nursery Certificate Tag. Requests for Nursery Certificate Tags must be made to the Department.
B. Nursery Certificate Tags Usage A current Nursery Certificate Tag approved by the Department must accompany appropriate shipments of Nursery Stock. The usage of Nursery Certificate Tags for the shipment of Nursery Stock not meeting the requirements of this section is in violation of this section.
C. Nursery Certificate Tags Acquisition and Cost Successful completion of the Certification Process and payment of applicable fees is required prior to any Nursery Certificate Tag issuance and/or use. The Department provides two options for obtaining Nursery Certificate Tags:
1. Department-printing on a cost-reimbursement basis can be requested by the Nurseryman. Upon request, Nursery Certificate Tags will be printed by the Department and shipped to the Nurseryman. A price list may be obtained from the Department upon request.2. Self-printing of Nursery Certificate Tags may be approved upon written request to the Department and all costs associated with will be at the expense of the Nursery Grower or Nursery Dealer. Prior to approval of self-printing, Department requirements regarding language and symbol use, and size of tags used must be met.D. Out of State Nursery Growers and Nursery Dealers 1. Nursery Growers and Nursery Dealers with all locations occurring outside of South Carolina shall not be required to attach a Department-issued Nursery Certificate Tag to shipments coming into this State, nor to file duplicate invoices of such shipment (except Prunus spp. - see below) nor to pay a Registration fee, provided like privileges are accorded South Carolina nurserymen when making shipments into other states.2. Each vehicle, package, box, bundle or container of nursery stock originating outside of South Carolina and being moved into South Carolina for customer delivery or for resale must have attached to it a valid Nursery Certificate Tag from the state or country of origin stating in effect that the nursery stock being moved has been inspected and certified by an authorized official as apparently free of Plant Pests. Any shipment of nursery stock entering South Carolina not accompanied by such a Nursery Certificate Tag shall be declared a public nuisance and may be returned to the shipper, treated, destroyed or otherwise disposed of by the Department. Any plants moving from outside of South Carolina, whether or not accompanied by a Nursery Certificate Tag, found infested with Plant Pests shall be declared a public nuisance and may be returned to the shipper, treated, destroyed or otherwise disposed of to the satisfaction of the Department.3. Nurseries growing peach, nectarine, or other Prunus spp. Nursery Stock for shipment to commercial growers in South Carolina must, in addition to being certified apparently free of insects and diseases in their state or country of origin, also file or mail an invoice to the Department at the time of shipment showing the following information: (1) name and address of shipper, (2) producer of stock, if different from shipper, (4) name and address of purchaser, and (5) name and address of receiver, if different from purchaser.Added by State Register Volume 41, Issue No. 05, eff. 5/26/2017; State Register Volume 42, Issue No. 05, eff. 5/25/2018.