A.
Definitions.
"Pest" means any species of imported fire ants, including
Solenopsis invicta and Solenopsis richteri,
notwithstanding the definition in A.R.S. §
3-201.
B. Area under quarantine. A state or portion
of a state listed in
7 CFR
301.81-3,
57 FR
57327, December 4, 1992, Federal Domestic Order DA-2018-11, April 17,
2018, and any area a state declares infested. This material is incorporated by
reference, on file with the Department and the Office of the Secretary State,
and does not include any later amendments or editions.
C. Regulated commodities.
1. Soil, separately or with other articles,
except potting soil shipped in an original container in which the potting soil
is packaged after commercial preparation; and
2. All plants associated with soil, except:
a. Plants that are maintained indoors
year-round, and are not for sale; and
b. Plants shipped bare-root and free of
soil.
D.
Restrictions.
1.
A shipper of a regulated commodity shall unload a
regulated commodity at destination into an approved quarantine holding area as
prescribed in subsection (D)(2). The Department shall inspect and quarantine
the regulated commodity as follows:
a.
Soil and plants associated with soil from an area
under quarantine in subsection (B) shall be held at least three consecutive
days, and
b.
Soil and plants associated with soil from an area
under quarantine for nematodes under
R3-4-234(B) shall be held at least five consecutive days.
2.
An Arizona receiver of a regulated commodity shall
establish a Department-approved quarantine holding area that meets the
following specifications:
a.
The floor is of a permeable surface, such as sand or
soil, and free from debris, grass, or weeds;
b.
The area is isolated from public access, surrounded
by a fence or other barrier;
c.
The integrity and security of the area is maintained
at all times; and
d.
If outdoors, the area is at least 15 feet from any
masonry wall, property boundary, or non-quarantine plant.
1. An Arizona receiver of a regulated
commodity shall establish a Department-approved quarantine holding area that
meets the following specifications:
a. The
floor is of a permeable surface, such as sand or soil, and free from debris,
grass, or weeds;
b. The area is
isolated from public access, surrounded by a fence or other barrier;
c. The integrity and security of the area is
maintained at all times; and
d. If
outdoors, the area is at least 15 feet from any masonry wall, property
boundary, or non-quarantine plant.
2. A shipper or receiver shall unload a
regulated commodity at destination into an approved quarantine holding area as
prescribed in subsection (D)(1). The Department may inspect the regulated
commodity as follows:
a. A regulated
commodity from an area under quarantine in subsection (B) shall be held at
least three consecutive days, unless otherwise released by an
inspector.
b. A regulated commodity
may be inspected to determine compliance with this section.
c. A disposition shall be provided by an
inspector upon completion of an inspection.
d. If an inspection to determine compliance
with this section is not conducted, an inspector shall release the regulated
commodity.
3. A receiver
shall only apply a pesticide or other chemical to a regulated commodity located
in a quarantine holding area as authorized by the Associate Director.
E. Exemptions. Soil samples of no
more than fifteen (15) pounds that comply with the interstate movement
requirements of
7 CFR
§§
301.81 et seq., 75 FR
4240,
January 26, 2010, Federal Domestic Order DA-2018-11, April 17, 2018, are exempt
from the requirements of this Section.
E.
F. Disposition of
commodity not in compliance. A regulated commodity shipped into Arizona in
violation of this Section may be treated, destroyed, or transported
out-of-state by the owner and at the owner's expense as authorized by the
Associate Director.
Notes
Ariz. Admin. Code §
R3-4-239
Former Rule, Quarantine
Regulation 20. Amended effective July 1, 1975 (Supp. 75-1). Amended effective
April 26, 1976 (Supp. 76-2). Correction amendment effective April 26, 1976
included deletion of Arkansas (see subsection (C)) (Supp. 77-1). Amended
effective June 16, 1977 (Supp. 77-3). Repealed effective June 19, 1978 (Supp.
78-3). New Section adopted effective December 22, 1989 (Supp. 89-4). Section
R3-1-68 renumbered to
R3-4-239 (Supp.
91-4). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999
(Supp. 99-3). Amended by final rulemaking at 9 A.A.R. 2095, effective August 2,
2003 (Supp. 03-2). Amended by final rulemaking at
25
A.A.R. 3357, effective 1/4/2020.
