Ariz. Admin. Code § R3-4-203 - Plant and Crop Safeguards, Inspection, and Certification
A. Definitions.
In addition to the definitions provided in A.R.S. §
3-201,
R3-4-101 and
R3-4-201, the following terms apply
to this Section:
1. "Actionable arthropod
pest" means any arthropod pest that the Associate Director has determined to be
an imminent threat to agriculture and horticulture within the state. Table 2,
Actionable Arthropod Pests includes, but is not limited to, arthropod pests
that would require immediate action and are prohibited from entry into the
state.
2. "Actionable nematode
pest" means any nematode pest that the Associate Director has determined to be
an imminent threat to agriculture and horticulture within the state. Table 3,
Actionable Nematode Pests includes, but is not limited to, nematode pests that
would require immediate action and are prohibited from entry into the
state.
3. "Pest Management Program"
means any state or federally recognized program designed for the prevention,
monitoring, and control of an actionable arthropod pest or actionable nematode
pest. Based on a targeted management (Integrated Pest Management) or holistic
approach (Total Systems Approach Program) that incorporates best management
practices, monitoring, cultivation practices, cultural controls, treatment
programs and/or pest resistant plant varieties, cultivars or hybrids for the
control of any live life stages of an actionable arthropod pest or actionable
nematode pest associated with the commodity, with a zero pest presence
tolerance.
B. Regulated
area. Unless otherwise indicated, all states, districts, and territories of the
United States.
C. Commodities
covered.
1. All plants and plant products for
propagation, including nursery stock (bareroot or potted), budwood, seed for
planting, cuttings, stolons, and tissue culture shipped or transported into the
state that is a known host for an actionable arthropod pest or actionable
nematode pest from the place of origin. Additionally, all agricultural,
ornamental, and vegetable seed shall comply with the laws and regulations in
Article 4 and any other law, order or federal regulation enforced by the
Department.
2. All commercially
harvested or bulk shipments of a plant or crop, excluding processed products,
which are shipped or transported into the state that may harbor an actionable
arthropod pest.
3. All domestic
soil shipped or transported into the state that is:
a. Not authorized under a permit or
compliance agreement issued by the U.S. Department of Agriculture;
b. Not sterilized and not packaged for retail
sale;
c. Attached to a plant for
the purpose of propagation; or
d.
Used for the purpose of landscaping or grading.
4. All firewood and green lumber with
attached bark.
5. All used
equipment utilized for the propagation, harvesting, transport, and/or
maintenance of a commodity listed in subsections (C)(1), (2), (3), or
(4).
D. Restrictions.
1. For commodities listed in subsection (C)
that are not accompanied by proof of compliance with this Section as indicated
in the remainder of subsection (D); or are found infested with, or exposed to,
an actionable arthropod pest or actionable nematode pest may be placed under
quarantine until a disposition is determined by an inspector, A.R.S §
3-203.
2. In addition to the requirements under any
other Section in this Article, law, order, or federal law enforced by the
Department, the commodities listed in subsection (C)(1), are authorized for
shipment or transport into the state provided a plant regulatory official at
the place of origin issues a quarantine compliance certificate and statement of
compliance with this Section by one of the following:
a. For an actionable arthropod pest known to
occur at origin:
i. The commodities in the
shipment or shipments are inspected and a plant regulatory official provides a
certificate attesting that the commodity is apparently free of any live life
stages of an actionable arthropod pest;
ii. The Associate Director and State Plant
Regulatory Official of the origin state has placed the producer under a
compliance agreement, authorizing a Pest Management Program for actionable
arthropod pests, and has provided certification of compliance to the producer
if all provisions of a Pest Management Program are met; or
iii. A certificate attesting to treatment for
actionable arthropod pests known to occur in the origin location is issued by a
plant regulatory official.
b. For an actionable nematode pest known to
occur at origin:
i. The origin state
determined through an annual survey conducted within the 12-month period
immediately before shipment that the actionable nematode pests do not exist on
the property or in the facility used to grow the commodity.
ii. The commodity in the shipment was sampled
two weeks before shipment, and found free of actionable nematode
pests.
iii. The commodity was
protected from infestation of the actionable nematode pests by implementing all
of the following steps:
(1) Propagated from
clean seed or from cuttings taken 12 inches or higher above ground
level;
(2) Planted in sterilized
soil or other media prepared or treated to ensure freedom from actionable
nematode pests;
(3) Retained in a
sterilized container or bed;
(4)
Placed on a sterilized bench or sterilized support 18 inches or higher from the
ground or floor level; and
(5)
Found pest-free using a sampling method approved by the Associate
Director.
3. In addition to the requirements under any
other Section in this Article, law, order, or federal law enforced by the
Department, the commodities listed in subsection (C)(2), are authorized for
shipment or transport into the state provided a plant regulatory official at
the place of origin issues a quarantine compliance certificate and statement of
compliance with this Section by one of the following:
a. Authorize and validate compliance for an
area-wide control program for actionable arthropod pests known to occur at the
origin location;
b. Inspect bulk
shipments of commodities by standard risk-based sampling rates to achieve a 95%
confidence level that the shipment is apparently free of any live life stages
of an actionable arthropod pest known to occur at origin; or
c. Require treatment for actionable arthropod
pests known to occur in the origin location by a method known to control the
pest and verify effectiveness of treatment.
4. In addition to the requirements under any
other Section in this Article, law, order, or federal law enforced by the
Department, the commodities listed in subsection (C)(3), are authorized for
shipment or transport into the state provided a plant regulatory official at
the place of origin issues a quarantine compliance certificate and statement of
compliance with this Section by one of the following:
a. Authorize and validate a Pest Management
Program or an area-wide control program for actionable arthropod pests;
or
b. Require treatment for
actionable arthropod pests known to occur in the origin location by a method
known to control the pest.
5. In addition to the requirements under any
other Section in this Article, law, order, or federal law enforced by the
Department, the commodities listed in subsection (C)(4), are authorized for
shipment or transport into the state provided a plant regulatory official at
the place of origin issues a quarantine compliance certificate and statement of
compliance with this Section by one of the following:
a. Heat treatment as indicated in the USDA
Treatment Manual, Heat Treatment Schedule: T314-a; and accompanied by a
treatment certificate issued by a certified heat-treatment facility, or a state
or federal regulatory official; or
b. Any other method approved by the Associate
Director that eliminates all live life stages of an actionable arthropod
pest.
6. In addition to
the requirements under any other Section in this Article, law, order, or
federal law enforced by the Department, the equipment listed in subsection
(C)(5), are authorized for shipment or transport into the state provided it is
accompanied by a quarantine compliance certificate issued by the origin state
attesting that the commodity is reasonably free of all soil and extraneous
plant material that could harbor a live life stage of an actionable arthropod
pest.
E. Exemptions.
1. The Associate Director may issue an
exemption to a restriction in this Section at the request of a State Plant
Regulatory Official on an area-wide or county-wide basis, under the following
conditions:
a. For an area-wide or county-wide
exemption of a commodity (Master Permit):
i.
The State Plant Regulatory Official agrees to comply with the conditions of a
Master Permit that indicates the necessary safeguarding measures including
monitoring, inspection, treatment, alternate treatment, and/or certification of
the commodity.
ii. The Department
may suspend or revoke a Master Permit if one or more shipments of a commodity
are not in compliance with the conditions of the authorized Master Permit or
live life stages of an actionable arthropod pest or actionable nematode pest
are found.
b. For an
exemption provided to a shipper of a commodity (Origin Inspection Agreement):
i. The State Plant Regulatory Official and
the shipper agree to comply with the conditions of an Origin Inspection
Agreement that indicates the necessary safeguarding measures including
monitoring, inspection, treatment, alternate treatment, and/or certification of
the commodity.
ii. The Department
may suspend or revoke an Origin Inspection Agreement if one or more shipments
of a commodity are not in compliance with the conditions of the Origin
Inspection Agreement or live life stages of an actionable arthropod or
actionable nematode pest are found.
2. Notwithstanding any other restriction, the
Associate Director may declare a state, or an area within a state, exempt to a
condition in this Section if it is demonstrated by a State Plant Regulatory
Official that an actionable arthropod pest or actionable nematode pest is known
not to occur in the origin state and that the actionable arthropod pest or
actionable nematode pest is part of a state or federal authorized pest
monitoring program that justifies the "free from" status.
F. Violations. Any shipper of a commodity
listed in subsection (C) that is not in compliance with the restrictions
indicated in subsection (D), or an actionable arthropod pest or actionable
nematode pest are found on the shipment, the shipper may be temporarily
suspended from shipping or transporting commodities listed in subsection (C)
into the state under the following guidelines:
a. The shipper will be notified of the
violations and corrective measures will be provided;
b. The origin State Plant Regulatory Official
will be notified of the violation and suspension;
c. The shipper will be required to contact
the origin State Plant Regulatory Official to confirm completion of corrective
measures;
d. The origin State Plant
Regulatory Official will contact the Department to request approval to retract
the suspension upon successful completion of the corrective measures;
and
e. The Associate Director may
retract the suspension upon satisfactory completion of the corrective
measures.
Notes
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