2 Va. Admin. Code § 5-336-60 - Conditions governing the intrastate movement of regulated articles by a person conducting business
A. A
person conducting business may move a regulated article from a regulated area
to an unregulated area under the following conditions:
1. The person moving the regulated article
has been issued a permit in accordance with 2VAC5-336-80;
2. The person has inspected the regulated
article and found the regulated article to be free of all life stages of
Spotted Lanternfly; and
3. The
shipment of the regulated article is accompanied by a Spotted Lanternfly permit
and completed inspection statement .
B. A person conducting business may move a
regulated article solely within a regulated area after the person has inspected
the regulated article and found it to be free of all life stages of the Spotted
Lanternfly. A Spotted Lanternfly permit and completed inspection statement are
not required for the movement of a regulated article within a regulated
area.
C. From April 1 through
December 31, a person conducting business may move a regulated article that
originates in an unregulated area through a regulated area under the following
conditions:
1. The shipment of the regulated
article is accompanied by a waybill that indicates the point of origin of the
regulated article;
2. The shipment
of the regulated article moves directly through the regulated area without
stopping, except for refueling or due to traffic conditions, or the regulated
article has been stored, packed, or handled in a manner so as to not pose a
risk of infestation ; and
3. The
regulated article has not been combined or commingled with other articles so as
to lose its individual identity.
D. During January through March, a person
conducting business may move a regulated article that originates in an
unregulated area through a regulated area without restriction.
E. The commissioner may issue a permit to a
person moving a regulated article from a regulated area to an unregulated area
or from an unregulated area through a regulated area who does not meet the
requirements of this chapter when the commissioner determines the movement
poses no risk of spreading Spotted Lanternfly.
F. The department may enter into a compliance
agreement with a person to allow the movement of regulated articles to states
or countries that have additional shipping requirements and where the
compliance agreement is needed to comply with such requirements.
Notes
Statutory Authority: § 3.2-703 of the Code of Virginia.
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