PROPOSED TEMPORARY RULES Note from the Codifier: The OAH website includes notices and the text of proposed temporary rules as required by G.S. 150B21.1(a1). Prior to the agency adopting the temporary rule, the agency must hold a public hearing no less than five days after the rule and notice have been published and must accept comments for at least 15 business days. For questions, you may contact the Office of Administrative Hearings at 919.431.3000 or emailoah.postmaster@oah.nc.gov. TITLE 02 – DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Rulemaking Agency: Board of Agriculture Codifier of Rules received for publication the following notice and proposed temporary rule(s) on: 09/23/2013 Rule Citations: 02 NCAC 37 .0202 Public Hearing: Date: October 11, 2013 Time: 2:00 p.m. Location: Donald Eaddy Building, Eaddy Conference Room, 4300 Reedy Creek Road, Raleigh, NC 27607 Reason: The proposed increase in waste analysis fees will offset budget cuts generated by the managerial flexibility cuts mandated by the General Assembly in S.L. 2013-360. The temporary rule is needed in order for the division to begin assessing the increased fees as soon as possible so that they may make up for lost revenue and meet their projected budget of the year. Comment Procedures: Comments from the public shall be directed to: Dr. Colleen Hudak-Wise, 1040 Mail Service Center, Raleigh, NC 27699-1040. The comment period begins September 30, 2013 and ends October 22, 2013. CHAPTER 37 - AGRONOMIC SERVICES SECTION .0200 - PROGRAMS 02 NCAC 37 .0202 PLANT ANALYSIS SERVICE Individuals desiring plant analysis may obtain plant tissue mailers and instructions from the Agronomic Services Division, county extension office, farm supply dealers, Agronomic Division Regional Agronomists, or other local agricultural advisors. All samples will be analyzed for nitrogen, phosphorus, potassium, calcium, magnesium, manganese, copper, zinc, boron and other elements as needed. Results of the test and recommendations for corrective action will be provided. For the purposes of this Rule, "plant analysis" shall include analysis of wastes, soilless media, and other solutions for agronomic purposes. Fees for these services are as follows: (1) Routine plant analysis $5.00 (2) Routine solution analysis $5.00 (3) Routine soilless media $5.00 (4) Routine waste analysis $8.00 (5) Research plant, waste, soilless media, and solution analysis $12.00 (6) Nonresident plant, waste, soilless media, and solution analysis $25.00 (7) Special services: (a) Waste-heavy metals $10.00 (b) Waste-N breakout $10.00 (c) Waste-liming equivalent $10.00 (d) Plant-chloride $2.00 (e) Plant-molybdenum $2.00 (f) Plant-petiole nitrates $2.00 Authority G.S. 106-22(17).