6.
Fusarium Wilt of
Tomatoes. A new race of the tomato fusarium wilt organism
(Fusarium oxysporum f. sp
lycopersici race 2) has
been found in the pink tomato section of Southeast Arkansas. This organism is a
serious threat to commercial tomato production anywhere in the state. To
prevent the spread of Race 2, or other new races which may hereafter develop,
the following regulations shall apply to all producers of vegetable plants in
Bradley and Drew Counties, and in every county where Race 2 or other new races
may subsequently be found.
The movement of tomato plants within or from the above
described regulated area is prohibited, except when such plants are produced
under inspection of the State Plant Board and in compliance with the following
special regulations:
A. Soil used in
beds, pots, cups, flats, pot-beds and cold frames for plant production, or to
rest containers upon, shall be obtained from areas where tomatoes have not been
grown in the past.
B. Soil and/or
soil-media mixtures shall be decontaminated by one of the following methods
before use in plant production:
1) Methyl
Bromide fumigation (4 pounds per 100 cubic feet of soil for a minimum of 24
hours at 40 degrees F. or above).
a. Bulk soil
shall be confined on a concrete slab or sheet of polyethylene plastic over the
ground surface during fumigation.
b. Bulk soil shall be no more than 12 inches
deep to assure gas penetration.
c.
Holes shall be punched in the soil at 12 inch centers to facilitate gas
penetration.
d. Soil in pot-beds,
coldframes and holding areas shall be loosened as deep as practicable to assure
gas penetration.
e. Fumigation
covers shall be air tight (no holes).
f. Special care shall be taken when removing
the cover to prevent recontamination with untreated soil.
2) Heat sterilization shall be acceptable if
performed according to Extension Service recommendations (Misc. Publication 64,
"Control of Disease and Insect Pests in the Plant Bed").
3) Artificial media (new or unused peat,
perlite, vermiculite, etc.) may be used without decontamination if reasonable
precautions are taken against contamination with untreated soil (i.e., mixing
on sterilized surfaces, etc.).
C. All flats, boxes, pots, cups, tools, etc.,
which have been used in plant production or which have come in contact with
untreated soil must be decontaminated, preferably by Methyl Bromide
fumigation.
D. Plant house interior
surfaces must be decontaminated (all surfaces of benches, timber supports,
heating and ventilating equipment, walls, ceilings, floors, etc.).
1) This shall also apply to surfaces of
coldframes, pot-beds and holding areas.
2) An effective decontaminant spray or drench
may be prepared with 50% commercial Clorox, or with 1 gallon commercial
formaldehyde to 18 gallons water. After using either material, ventilate until
fumes can no longer be detected before growing plants (a few hours to several
days for Clorox, longer for formaldehyde, depending upon conditions).
E. Direct traffic from tomato
fields to plant production areas must not be permitted.
1) Wash hands with soap and decontaminate
shoes with 50% Clorox before entering the plant house, coldframes or holding
areas.
F. Locally grown
seed shall not be planted.
1) A tag or invoice
showing purchase of seed from an established seed firm must accompany
application for inspection.
2) In
cases of dire necessity locally grown seed may be used if hot water treated
(122 degrees F. for 25 minutes). Advance permission must be obtained from
Director of Plant Industry Division.
G. These regulations shall apply in addition
to and do not replace any other regulations now given in "Regulations On Plant
Diseases and Pests" (Circular 11).
9.
Rules and
Standards For Certification of Certified Blackberry Plants. The
production of blackberry nursery stock is an important industry in Arkansas.
Diseases such as rust, anthracnose, crown gall and viruses, as well as pests
such as cane borers and nematodes pose a threat to the blackberry nursery
industry. To prevent the spread of these problems by nursery stock, the
following certification regulations shall apply to the production and sale of
certified blackberry nursery stock in Arkansas.
I. Definitions
II. Certifying agency issuance of
certificate
III. Blackberry
certification standards
IV.
Requirements for production of foundation, registered and certified blackberry
stock
V. Inspections
VI. Inspection standards
VII. General requirements for
plants
VIII. Blackberry
certification fees
IX. Certified
planting stock pre-marketing, identification and grade
X. Blackberry tagging or stamping and plant
inspection XL Application of regulations
I.
Definitions
Board means the Arkansas State Plant Board.
Blackberry means cultivated Rubus
species and related plants that are considered blackberry
botanically.
Cane cutting is a cane section of two or more
nodes or buds (length 4-6 inches) to be transplanted to produce a plant.
Crown is the persistent (perennial) base of the
plant; the junction between canes and roots (some varieties have buds that
arise primarily from the crown).
Director means the director of the State Plant
Board or his duly appointed representative.
Hardwood cutting is taken from a mature woody stem
for the purpose of propagation.
Indicator plant means any herbaceous or woody
plant used to index or determine virus infection.
Indexing is a procedure to determine virus or
other pathogen infection by inoculation from the plant to be tested to an
indicator plant (grafted onto plant to be tested) or by any other approved
method.
Mericlones are plants clonally propagated from a
single meristem tip.
Micropropagation is plant multiplication
in vitro.Blackberry is propagated in tissue culture by aseptic
transfer of meristem tip cultures to produce Nuclear stocks.
Nodal cutting is a cane cutting with a single node
to produce a plant.
One-year-old plants means well rooted plants that
have developed during one growing season.
Primocane (succulent plants) is the current
season's growth that develops from root or basal crown buds.
Root cuttings is a root section with one or more
buds.
Softwood cutting is taken from a green, immature,
actively growing stem of a woody plant during spring or early summer for the
purpose of propagation.
Succulent plant means a small, actively growing
plant that is developing from root buds, not having passed through a dormant
period.
Virus infected (affected) means presence of a
virus (es) or yellows disease agent in a plant or plant part. The word "virus"
shall be used hereafter to include yellows disease.
Virus-like means a disorder of genetic or non
transmissible origin, or a graft-transmissible disorder resembling a virus
disease, including but not limited to diseases caused by viroids and
phytoplasmas
II.
Certifying agency issuance of certificate
A. The issuance of a certified state of
Arkansas plant tag or stamp under this chapter affirms solely that the tagged
or stamped blackberry stock has been subjected to certification standards and
procedures by the department. The Board disclaims all expressed or implied
warranties, including without limitation, implied warranties of merchantability
and fitness for particular purpose, regarding all plants, and plant materials
under this chapter.
B. The Board is
not responsible for disease, genetic disorder, off-type, failure of
performance, mislabeling, or otherwise, in connection with this chapter. No
grower, nursery dealer, government official, or other person is authorized to
give any expressed or implied warranty, or to accept financial responsibility
on behalf of the Plant Board regarding this chapter.
C. Participation in the blackberry planting
stock certification program is voluntary.
III.
Blackberry certification
standards The following specific rules constitute the requirements and
standards for classes and sources of blackberry certified stock:
Nuclear stock shall be derived from plants that
have been micropropagated, indexed, apparently free from other pests, and
evaluated in field tests for trueness-to-variety. Nuclear stock may exist as
in-vitrotissue culture plantlets or potted plants in a
screened greenhouse. Sources of plants grown as nuclear stock must be approved
by the State Plant Board.
Foundation stock is produced from Nuclear stock
and grown in a greenhouse or screenhouse to exclude insects.
Registered stock is produced from Foundation stock
in greenhouse, screenhouse, or field.
Certified stock is produced from Registered stock
in greenhouse, screenhouse, or field.
IV. Requirements for the production of
foundation, registered and certified blackberry stock
A. Facilities (greenhouse, screenhouse,
water, equipment, etc.) for plant production must be approved by the Board
before Foundation stock is procured by the producer.
B. Foundation stock
1. Foundation plants may be maintained
indefinitely if grown in an insect-proof facility (greenhouse), in sanitized
substrate, and indexed every three years by the United States Department of
Agriculture or other personnel approved by the Board.
2. Growers may use micro-propagation
techniques to multiply foundation plants prior to planting in a foundation
greenhouse provided the micro-propagated plants are isolated from other
non-indexed blackberry plants, and the micro-propagation facilities are
approved by the Board.
3. In
greenhouse or screenhouse, Foundation plants shall be produced in separate
sanitized containers with labeling of cultivar name and lot number (if
applicable).
4. Non-certified
Rubusspecies must not exist within 152 meters (500 feet) of
the perimeter of the greenhouse. Weeds that host disease of major concern must
be controlled within 152 meters (500 feet) of the perimeter of the greenhouse.
Insects that vector diseases of major concern should be controlled in isolation
areas.
5. Non-certified
Rubusspecies must not exist within the greenhouse or
screenhouse.
6. Blossoms shall be
removed before the blossoms open.
C. Registered stock
1. Registered plants may be maintained
indefinitely if grown in an insect-proof facility (greenhouse), in sanitized
substrate, and indexed every three years.
2. In greenhouse or screenhouse, Registered
plants shall be produced in separate sanitized containers with labeling of
cultivar name and lot number (if applicable).
3. Non-certified Rubus
species must not exist within 152 meters (500 feet) of the perimeter
of the greenhouse. Weeds that host disease of major concern must be controlled
within 152 meters (500 feet) of the perimeter of the greenhouse. Insects that
vector diseases of major concern should be controlled in isolation
area.
4. Non-certified
Rubusspecies must not exist within the greenhouse or
screenhouse.
5. For field
production, soil treatment is required with an approved method (ex. solid soil
fumigation with methyl bromide + chloropicrin). Weeds that host diseases of
major concern will be controlled. Insects that vector diseases of major concern
should be controlled in isolation area.
6. Non-certified Rubus
species must not exist within 152 meters (500 feet) of the perimeter
of the field used to produce certified blackberry stock. Each lot and/or
different cultivars are labeled and separated by a distance of 4.25 meters (14
feet) or a physical barrier that prevents intermingling of roots.
7. Field produced Registered stock shall not
be harvested beyond one year.
8.
Blossoms shall be removed before the blossoms open.
C. Certified stock
1. Certified plants may be maintained
indefinitely if grown in an insect-proof facility (greenhouse), in sanitized
substrate, and indexed every three years.
2. In greenhouse or screenhouse, Certified
plants shall be produced in separate sanitized containers with labeling of
cultivar name and lot number (if applicable).
3. Non-certified Rubus
species must not exist within 152 meters (500 feet) of the perimeter
of the greenhouse. Weeds that host disease of major concern must be controlled
within 152 meters (500 feet) of the perimeter of the greenhouse. Insects that
vector diseases of major concern should be controlled in isolation
area.
4. Non-certified
Rubusspecies must not exist within the greenhouse or
screenhouse.
5. For field
production, soil treatment is required with an approved method (ex. solid soil
fumigation with methyl bromide + chloropicrin). Weeds that host diseases of
major concern will be controlled. Insects that vector diseases of major concern
should be controlled in isolation area.
6. Non-certified Rubus
species must not exist within 152 meters (500 feet) of the perimeter
of the field used to produce certified blackberry stock. Each lot and/or
different cultivars are labeled and separated by a distance of 4.25 meters (14
feet) or a physical barrier that prevents intermingling of roots.
7. Field-produced Certified stock shall not
be harvested beyond one year.
8.
Blossoms shall be removed before blossoms open.
D. Documentation of soil treatments and use
of plant protectants shall be made available to the Board.
E. A map identifying cultivars and lots must
be provided to the Board.
V. Inspections
A. Greenhouse/Screenhouse
1. Grower will regularly inspect plants. All
plants that are symptomatic of disease will be removed and destroyed. The
grower will keep a logbook recording cultivar and number of destroyed plants
and make it available to Board inspectors.
2. Grower will inspect in and around the
greenhouse perimeters to ensure isolation standards are being met.
3. Board inspectors must inspect and approve
any greenhouse that has not been used for successful production of indexed
blackberry plants.
4. During the
production of certified plants, Board inspectors will do at least one
inspection during the growing period when plants are likely to express symptoms
of virus infection, crown and cane gall infections and other disorders. The
Board may conduct additional inspections if deemed necessary.
5. All plants that are of off-types, crown
gall infected, virus infected, or exhibiting virus-like symptoms during
inspections will be flagged by Board inspectors.
6. Grower will remove all flagged plants
immediately after inspection by the Board inspector.
Effective roguing techniques must include removing the
undesirable plant and all of its roots.
B. Field
1.
The grower should inspect fields regularly during the growing season and rogue
all plants with symptoms of disease, etc. The Board should be informed if any
problems are found.
2. The Board
inspector will perform three inspections of fields for certified plant
production;
1) first inspection during April,
2) second inspection during
July,
3) third inspection during
October. Additional inspections may be performed if deemed
necessary.
3. All plants
that are of off-types, crown gall infected, virus infected, or exhibiting
virus-like symptoms during inspections will be flagged by Board
inspectors.
4. Grower will remove
all flagged plants immediately after inspection by the Board inspector.
Effective roguing techniques must include removing the undesirable plant and
all of its roots as well as all the plants and plant parts within ten feet of
the undesirable plant.
VI. Inspection standards
A. Greenhouse, General Requirements
1. Unit of certification shall be the entire
greenhouse.
2. Isolation:
Non-certified Rubusspecies must not exist within the
greenhouse. Non-certified Rubusspecies must not exist within
152 meters (500 feet) of the perimeter of the greenhouse. Weeds that host
disease of major concern must be controlled within 152 meters (500 ft) of the
perimeter of the greenhouse. Insects that vector diseases of major concern
should be controlled in isolation area.
B. Field, General Requirements
1. Unit of certification shall be the field
or a portion of field. Any portion of the field that does not meet inspection
standards may be delimited if it will not jeopardize the remainder of the
field.
2. Isolation: Non-certified
Rubusspecies must not exist within 152 meters (500 feet) of
the certified plants. Weeds that host diseases of major concern must be
controlled within 152 meters (500 feet) of the certified plants. Insects that
vector diseases of major concern should be controlled in isolation
area.
C. Specific
Greenhouse and Field Tolerance, maximum % of factor
|
Factor
|
Foundation Stock
|
Registered Stock
|
Certified Stock
|
|
Anthracnose
|
0
|
2.0
|
5.0
|
|
Crown and cane gall
|
0
|
0.1
|
1.0
|
|
Nematodes
|
0
|
0.05
|
0.1
|
|
Rust, systemic
|
0
|
0
|
0
|
|
Virus diseases
|
0
|
0.05
|
0.5
|
|
Other diseases
|
0
|
0.2
|
0.5
|
|
Varietal mixture
|
0
|
0
|
0
|
|
Root, cane or crown inhabiting
insects
|
0
|
0.05
|
0.1
|
VII.
General requirements for
plants
A. Growers may sell Foundation,
Registered or Certified stock as certified plants.
B. An official certificate will accompany
each sale of certified Blackberry plants or stock. This certificate will list
the viruses indexed and other details. Each container/plant will be labeled
with variety and certification information.
C. A complete record of the number of
certified Blackberry plant/stock sales will be maintained and made available to
the official certifying agency. The record will include (a) class, (b)
cultivar, (c) date of shipment, (d) number of plants or stock
shipped.
D. General Inspection
Standards for Plants:
1. Apparently free of
biotic and abiotic diseases, insects, and other pests.
2. True-to-variety characteristics.
3. Good leaf color and plant size.
4. Satisfactory plant size to meet the
expectations of the customer.
5.
Plants will not be shipped with non-certified plants.
VIII.
Blackberry
certification fees
A. Blackberry
certification application fee. Applicant will be required to obtain a valid
Nurserymans license and pay the required fees as prescribed for the Nurseryman
category. The blackberry certification application and fee is in addition to
the Nurseryman fee. The certification fee is assessed for the sole purpose of
defraying expenses incurred in the additional inspection and certification
requirements protocol. The applicant must furnish all information requested on
the Application for Inspection Form and must allow the inspector to take
samples of plants or plant parts from any certified planting for inspection and
testing purposes. A separate application is required and a $50.00 fee shall be
paid for each cultivar/variety unit entered for certification. Each lot or
field of each cultivator shall be listed separately on the application.
Application for certification inspection for the following year must be filed
with the Arkansas State Plant Board, Post Office Box 1069, Little Rock,
Arkansas 72203 by Oct. 31, accompanied by the appropriate
fees.
B. A grower desiring to
produce certified blackberry plants as herein provided shall establish with the
Board facts evidencing sufficient experience to produce healthy, high quality
stock.
C. The Board will remove any
applicant failing to renew certification by the designated due date of the
certification program. Failure to pay fees by the designated due date shall
also result in removing the applicant from the certification program.
D. The Board will not accept applications
from growers owing the Board for previous services.
IX.
Certified planting stock
pre-marketing, identification and grade
A. All blackberry planting stock meeting the
requirements of this chapter can be identified by the State Plant Board tag or
stamp issued under by the Board.
B.
All containers must be new and marked with the name and address of the grower,
class of certified stock, variety and lot number.
C. The quality and grading of the stock is
the responsibility of the grower.
X. Blackberry tagging or stamping and plant
inspection
A. "Certified" stock shall be
identified with the state of Arkansas official certified blackberry plant tag
or stamp under the supervision of the Board after plants have passed
inspection.
B. Only plants meeting
Arkansas standards for blackberry plants shall be tagged or stamped.
C. All containers shall be marked with the
name and address of the grower, grade or class of stock, and variety.
XL. Application of
regulations This certification program is strictly voluntary and these
regulations shall apply in addition to and do not replace any regulations
covering nursery stock now in effect as covered by Plant Board Circular 11,
"Regulations on Plant Diseases and Pests", nor do they replace or supersede any
requirement of the Arkansas Plant Act of 1917, A.C.A.
2-16-201 thru 214 or the Arkansas
Nursery Fraud Act of 1919, A.C.A.
2-21-101 thru
113.
11.
RULES AND
REGULATIONS FOR THE ARKANSAS BOLL WEEVIL ERADICATION PROGRAM
Section I
Purpose. Pursuant to
Ark. Code Ann. §
2-16-605, the purpose of these
rules is to develop and establish procedures for the eradication of Boll Weevil
within and applying uniformly to the whole State of Arkansas, to establish per
acre annual Assessments that offset program costs, to provide procedures for
the collection of such Assessments, to specify conditions for the movement of
regulated articles, and to provide penalties for violations of these
rules.
Section II
Declaration
of Boll Weevil as a Plant Pest. Pursuant to Ark. Code Ann. §
2-16-602(a), the
Boll Weevil (Anthonomus grandisBoheman) is declared to be a
plant pest and a nuisance, as is any plant or other regulated article infested
therewith or that has been exposed to infestation and is likely to lead to
additional infestation.
Section III
Definitions. For the purpose of these rules, the following
definitions shall apply:
1. " APHIS" means
United States Department of Agriculture, Animal and Plant Health Inspection
Service.
2. "Arkansas Cotton
Grower's Organization, Incorporated, d/b/a Arkansas Boll Weevil Eradication
Foundation" means the nonprofit organization comprised of Arkansas Cotton
Growers to provide guidance and assist in policy decisions during the
eradication program, and certified by the Plant Board pursuant to Ark. Code
Ann. §
2-16-612.
3. "Assessment" means the amount charged to
each Cotton Grower to finance, in whole or part, a program to suppress or
eradicate the Boll Weevil in this state and calculated on a per-acre basis
pursuant to Ark. Code Ann. §
2-16-614(b).
4. "Boll Weevil" means Anthonomus
grandis Boheman in any stage of development.
5. "Boll Weevil Eradication Program" means
the program initiated under Ark. Code Ann. §
2-16-601 et seq.
6. "Certificate" means a document issued or
authorized by the Plant Board indicating that a regulated article is not
contaminated with Boll Weevils.
7.
"Grower's Compliance Certificate" means a document issued or authorized by the
Plant Board indicating that a Cotton Grower has complied with the requirements
of these rules and the Cotton Grower's cotton may be ginned in
Arkansas.
8. "Compliance Agreement"
means a written agreement required between the Plant Board and any person
engaged in growing cotton, dealing in, or moving regulated articles wherein the
latter agrees to comply with specified provisions to prevent dissemination of
the Boll Weevil.
9. "Cotton" means
any cotton plant or cotton plant product upon which the Boll Weevil is
dependent for completion of any portion of its life cycle.
10. "Cotton Grower" means any person, other
than a cash rent landlord, who is engaged in or has as economic risk in the
business of producing, or causing cotton to be produced, for market.
11. "Eradication Zone" means a geographical
area designated by the Plant Board in which the Boll Weevil Eradication
Programs will be undertaken and managed pursuant to Ark. Code Ann. §
2-16-610.
12. "Exposed" means any area or location
subjected to Boll Weevil infestation.
13. "Gin Trash" means all waste material
produced during the cleaning and ginning of seed cotton. It does not include
the lint, cottonseed, or gin waste.
14. "Gin Waste" means all forms of
unmanufactured cotton fiber (including gin motes) produced at cotton gins,
other than baled cotton lint.
15.
"Infested" means actually infested with a Boll Weevil or so exposed to
infestation that it would be reasonable to believe that an infestation
exists.
16. "Inspector" means any
employee of the Plant Board or any other person authorized by the Plant Board
to enforce the provision of these rules.
17. "Non-Commercial Cotton" means cotton
intended for any purposes other than sale or scientific purposes under Section
XII of these rules.
18. "Permit"
means a document issued or authorized by the Plant Board to provide for the
movement of regulated articles to restricted designation for limited handling,
utilization, or processing.
19.
"Person" means any individual, partnership, corporation, company, society, or
association, or other business entity.
20. "Plant Board" means the Arkansas State
Plant Board, which is the agricultural plant regulatory agency of the State of
Arkansas.
21. "Quarantine Area"
means any portion of the State of Arkansas designated as such pursuant to Ark.
Code Ann. §
2-16-609.
22. "Regulated Area" means any portion of an
eradication zone designated for any purpose necessary to the execution of the
Boll Weevil Eradication Program.
23. "Regulated Article" means any article of
any character carrying or capable of carrying the Boll Weevil, including, but
not limited to, cotton plants, seed cotton, cottonseed, other hosts, gin trash,
gin equipment, mechanical cotton pickers, and other equipment associated with
cotton production, harvesting, or processing.
24. "Seed Cotton" means cotton as it comes
from the field prior to ginning.
25. "Shipment or Shipments" means the items
to be transferred or moved, or the act or process of transferring or moving
items from one point to another.
26. "USDA" means the United States Department
of Agriculture.
27. "Used Cotton
Equipment" means any equipment used previously to harvest, strip, transport or
process cotton.
28. "Waiver" means
a written authorization which exempts a Person or any organization from
compliance with one or more requirements of these rules.
Section IV
Eradication Zones.
The eradication zones for the State of Arkansas are defined as follows:
Southwest Zone shall consist of the following
counties: Bradley, Calhoun, Clark, Cleveland, Columbia, Dallas, Garland, Grant,
Hempstead, Hot Springs, Howard, Lafayette, Little River, Miller, Montgomery,
Nevada, Ouachita, Pike, Polk, Saline, Scott, Sevier, and Union.
Southeast Zone shall consist of the following
counties: Arkansas, Ashley, Chicot, Conway, Crawford, Desha (that portion lying
south of the Arkansas river), Drew, Faulkner, Franklin, Jackson, Jefferson,
Johnson, Lincoln, Logan, Lonoke, Perry, Phillips, Pope, Prairie, Pulaski,
Sebastian, St. Francis, Woodruff, and Yell.
Central Zone Area lshall consist of the following
counties: Baxter, Benton, Boone, Carroll, Cleburne, Desha (that portion lying
north of the Arkansas river), Fulton, Izard, Lawrence, Lee, Madison, Marion,
Monroe, Newton, Poinsett ((that portion lying east of the St. Francis River
(administered as central zone but operationally handled as part of the
Northeast Ridge zone)), Randolph, Searcy, Sharp, Stone, Van Buren, Washington
and White.
Central Zone Area 2 shall consist of the following
counties: Crittenden, Cross, and Independence.
Northeast Ridge Zone shall consist of the
following counties: Clay, Craighead (that portion lying west of the St. Francis
river), Green and Poinsett (that portion lying west of the St. Francis
river.)
Northeast Delta Zone shall consist of the
following counties: Craighead (that portion lying east of the St. Francis
river) and Mississippi.
Zones have been designated in accordance with the Boll Weevil
Eradication and Suppression Act (Ark. Code Ann. §§
2-16-601
etseq.)
Section
V
Submission of Reporting Forms, Assessments, Penalties for
Late Payment, Cotton Destruction, and Exemptions.
1. Pursuant to Ark. Code Ann. §
2-16-608, upon passage of the
grower referendum, all Cotton Growers in the eradication zones shall be
required to participate in the eradication program as set forth herein.
Pursuant to Ark. Code Ann. §
2-16-610, where mandated, all
Cotton Growers in an eradication zone shall be required to participate in the
eradication program as set forth herein.
2.
Cotton Acreage
Reporting. Each Cotton Grower shall submit annual cotton acreage
reporting information, listing the acreage and location of all cotton being
grown by the Cotton Grower in this state. Personnel of the Cotton Grower's
Organization will be responsible for determining by use of global positioning
systems or other appropriate technology the exact amount of acreage planted by
individual growers.
3. Cotton
Acreage. Cotton Growers shall report their cotton acreage to the Plant Board,
or its designated agent, no later than June 15 of each year in which field
operations of the Boll Weevil Eradication Program are in effect in their
eradication zone ("Cotton Acreage"). The Plant Board may formulate and
institute a method of assessing and collecting the fees associated with the
Cotton Acreage. Any Cotton Grower who fails to file the Cotton Acreage report
in the manner prescribed by the Plant Board by June 15 shall be subject to a
penalty of up to Three Dollars ($3.00) per acre. Failure to pay the cotton
acreage assessment could result in late payment fees of Three Dollars ($3.00)
per acre if payment is not received by the deadline set by the
invoice.
4. Assessments. The per
acre Assessment shall be as determined by the applicable referendum or by
action of the State Plant Board. The per acre Assessment payable by the Cotton
Grower shall be based on the Cotton Grower's Cotton Acreage report. As of the
date of these rules, the Assessment for each eradication zone may be or have
been up to the amounts shown below.
|
Southwest
|
Southeast
|
Central 1
|
Central 2
|
NE Ridge*
|
NE Delta
|
|
Year 1
|
$15.00
|
$15.00
|
$15.00
|
$15.00
|
$10.00
|
$8.00
|
|
Year 2
|
$35.00
|
$35.00
|
$30.00
|
$25.00
|
$25.00
|
$14.00
|
|
Year 3
|
$35.00
|
$30.00
|
$35.00
|
$30.00
|
$24.00
|
$14.00
|
|
Year 4
|
$25.00
|
$35.00
|
$35.00
|
$30.00
|
$24.00
|
$TBD
|
|
Year 5
|
$20.00
|
$35.00
|
$35.00
|
$30.00
|
$22.00
|
$TBD
|
* NE Ridge Zone (E. Poinsett assessment is same as NE Ridge but
instituted a year later.)
During the years (the maintenance period) following the years
specified above, the per acre annual Assessment in the Southwest Zone shall not
exceed $10 per acre, and the per acre annual assessment in the Southeast and
Central Zones shall not exceed $12 per acre. Maintenance assessments in the NE
Ridge zone shall not exceed $8 per acre. Establishment of a maintenance program
in the N E Delta zone will be determined at the end of the eradication
program.
Upon recommendation of the Arkansas Cotton Grower's
Organization, Inc., the Plant Board may adjust the annual Assessments within
the limits allowed by the referendum then in effect. In the NE Delta zone,
annual assessments will be established by Plant Board action. Assessments for
2006 and 2007, and possibly for additional years, will be set at $14.00 per
acre. Such Adjustments may be made at the time and in the manner determined by
the Plant Board to be in the best interest of the Boll Weevil Eradication
Program. In making such adjustments, the Plant Board may consider facts and
information it determines to be relevant, including, but not limited to,
climate and environmental conditions, finances and the overall state of the
cotton industry.
5.
Collection of Assessments. Assessments shall be
payable by the Cotton Grower in one (1) installment, as provided below:
(a) The payment shall be paid by the payment
date established by the appropriate invoice. The payment shall be an amount
equal to the Cotton Grower's Cotton Acreage multiplied by the per acre
assessment fee or such amount as is established by the appropriate invoice.
Cotton Growers in the Southwest, Southeast, Central, and NE Ridge zones shall
make such payments payable to the "Arkansas Boll Weevil Eradication Foundation"
and cotton growers in the NE Delta zone shall make payments to "Arkansas State
Plant Board" and deliver the payment to the Plant Board, or its designated
agent, no later than the payment date established by the invoice, of each year
in which such Assessments are payable. Cotton Growers who fail to make the
payment by the payment date established by the invoice, shall be subject to a
penalty of up to Three Dollars ($3.00) per acre for unpaid acreage, based on
planted cotton acreage.
(b) An
Assessment will be paid by one person. That person, the producer (the person
responsible for planning, managing and/or performing the cultural practices
associated with producing the crop), or their respective attorney-in-fact,
shall execute the applicable reports prescribed by these rules. All billing
information must be provided, by producers to Cotton Growers Organization
employees who will be collecting assessment invoicing information. The
information will be recorded by the Cotton Growers Organization employee on a
form developed specifically for this purpose.
The producer is responsible for insuring that information
delivered to the Plant Board is correct. The Producer is held ultimately
responsible for payment of the assessment and will be subject to appropriate
penalties and late fees if assessments are not received. Grower's Compliance
Certificates, described below, shall not be issued until the entire Assessment,
and any applicable penalty, is paid as required.
(c) In the event a Cotton Grower fails to pay
Assessments and/or penalties as required under these rules, pursuant to Ark.
Code Ann. §
2-16-617(c) and
(d)(2), the Plant Board may file a lien with
the appropriate county office and the Arkansas Secretary of State on the
cotton, subject to such assessments, and on the Cotton Grower's subsequent
cotton crops until all such amounts are paid in full.
6.
Cotton
Destruction. Pursuant to Ark. Code Ann. §§
2-16-610(e) and
2-16-617(a), any
Cotton Grower who fails to pay all Assessments and/or penalties within thirty
(30) days after notice from the Plant Board shall, upon direction of the Plant
Board, destroy all cotton plants in which the Cotton Grower has an interest and
which are subject to Assessment. Any such cotton plant not destroyed shall be
deemed a public nuisance. The Plant Board may apply to any court of competent
jurisdiction for the issuance of a judgment and order for condemnation and
destruction of the nuisance. The Cotton Grower shall be liable for all court
costs, fees, and other expenses incurred in any action taken under this
paragraph 9.
7.
Grower's Compliance Certificate. Pursuant to Ark. Code
Ann. §
2-16-617(d), no
gins in the State of Arkansas shall gin any cotton grown in an eradication zone
in which field operations of the Boll Weevil Eradication Program are in effect,
or from any other state, unless and until that Cotton Grower files with the gin
a Grower's Compliance Certificate issued by the Plant Board certifying that
said Cotton Grower has paid all fees, Assessments, penalties, and costs imposed
and required pursuant to §
2-16-601 et seq., as amended, or
proof of exemption there from as provided in paragraph 12 below. It is the
responsibility of each Cotton Grower to procure a Grower's Compliance
Certificate for the crop year for each FSA farm number on which cotton is
planted, or proof that an exemption for compliance has been granted from the
Plant Board. The Cotton Grower must file the Grower's Compliance Certificate
with their gin each crop year.
8.
Ginner's Penalty. Any gin that gins cotton for any
Cotton Grower who has not filed a current valid Grower's Compliance Certificate
or proof of exemption issued by the Plant Board shall be subject to a penalty
in the amount of $50.00 per bale for each bale ginned for such non-complying
Cotton Grower. This provision does not prohibit the movement of seed cotton
within the State of Arkansas for protection from loss or efficient storage
prior to ginning.
9.
Exemption Due to Hardship. Pursuant to Ark. Code Ann.
§ 2-16-217(e), Cotton Growers may apply for exemption from payment of any
Assessment or penalty imposed by these rules, on the basis that such payment
will impose undue financial hardship on the Cotton Grower. Criteria for
hardship may include, but are not limited to, (a) late or unavailable financing
through no fault of the Cotton Grower, (b) regional economic conditions, and
(c) regional climate/environmental conditions.
Any Cotton Grower who wishes to request an exemption from
payment of the Assessment or the penalty or both shall apply for the exemption
on forms prescribed by the Plant Board. Except for instances beyond the control
of the Cotton Grower, the application for this exemption must be received by
the Plant Board at least thirty (30) days before the due date of the Assessment
for which exemption is requested. A separate application must be filed for each
calendar year for which the Cotton Grower seeks an exemption. Each such
application shall contain information on which the Cotton Grower relies to
justify an exemption on the basis of undue financial hardship. In the event the
application for exemption is not filed within the time prescribed herein, the
application shall include information that describes the circumstances that
prevented a timely filing. The application form shall include an oath or
affirmation of the applicant as to the truth of all information contained in or
accompanying the application.
The Plant Board shall forward each completed exemption
application form and any information accompanying the form to the Arkansas
Cotton Grower's Organization, Inc. The Arkansas Cotton Grower's Organization,
Inc. shall determine whether each applicant qualifies for a hardship exemption
based on the information contained in or accompanying the application form. If
the Arkansas Cotton Grower's Organization, Inc. determines that the payment of
the Assessment or the penalty or both would impose undue financial hardship on
a Cotton Grower who has applied for an exemption, the Arkansas Cotton Grower's
Organization, Inc. may (1) exempt the Cotton Grower from payment of the
Assessment or the penalty or both, or (2) permit the Cotton Grower to pay the
Assessment or penalty or both on an installment payment plan and prescribe the
payment schedule.
Upon making a determination on any application for exemption,
the Arkansas Cotton Grower's Organization, Inc. shall notify the Plant Board of
its determination, which shall be binding on the applicant. The Plant Board
shall then promptly notify the affected Cotton Grower in writing of the
determination. If an exemption is denied, the Assessment and penalties for the
year in which the application is made will be due at the time they would
otherwise have been due if the application had not been filed, or within thirty
(30) days after the date of the notice of the determination, whichever is
later.
10.
Penalties. The Plant Board shall assess Cotton Growers
penalties for failure to comply with the reporting and/or payment requirements
of these Regulations. Penalties are payable in full to the Arkansas Boll Weevil
Eradication Foundation within thirty (30) days of the date of the penalty
assessment. Any such penalties assessed must be paid before the Plant Board may
issue a Grower's Compliance Certificate under Section V, Paragraph 10 of these
Regulations. Penalties must be paid as provided herein even if the Cotton
Grower appeals the penalty under subparagraph 14 below.
11.
Appeal of
Penalties. Unless specifically provided for elsewhere in these
rules, any person (Cotton Grower, gin or otherwise) assessed a penalty under
these rules may appeal the penalty assessment to the Plant Board within thirty
(30) days of the date of the penalty assessment. Such appeal must include all
information upon which the appealing party bases its appeal. The Plant Board
Director may revoke, modify, or affirm the penalty and shall rule on the appeal
within forty-five (45) days of the Plant Board's receipt of the appeal. The
Director's ruling shall be in writing and mailed to the appealing party via
first class United States mail. Any refunds due on the penalty assessment shall
be paid promptly in compliance with the applicable fiscal rules and
regulations. The Director may seek the recommendation of the Arkansas Cotton
Grower's Organization on any appeals under this Paragraph 14. Provided,
however, any such recommendation from the Arkansas Cotton Grower's Organization
shall not be binding on the Plant Board Director.
12.
Limit on
Penalties. Section V provides for various penalties in connection
with reporting acreage and paying assessments, each of which is a separate
violation and cause for penalty. Notwithstanding the type of penalties imposed
under Section V, the total amount of penalties assessed against a particular
Cotton Grower shall not exceed $15.00 per acre of cotton for the crop year and
acreage in issue.
Section
VI
Cotton Stalk Destruction Incentive. If during the
Boll Weevil Eradication Program seasonal growing conditions promote early
maturation and harvesting of cotton in Arkansas, the Plant Board may, upon
recommendation from the Arkansas Cotton Grower's Organization, Inc., establish
a per acre incentive credit for early stalk destruction. Such incentive credit
shall be applied to the Cotton Grower's Assessment for the following year. In
the event a Cotton Grower's Certified Acreage in the following year is not
sufficient to fully consume the incentive credit in such following year, the
Cotton Grower may apply to the Plant Board for a refund of the unused incentive
credit, using forms prescribed by the Plant Board. The rate per acre of any
such incentive credit, whether uniform for the entire State, or variable, shall
be established and made available to all participating Cotton Growers no later
than September 1 of the current growing year. No incentive credit established
under this paragraph shall be credited or paid to the Cotton Grower by the
Plant Board until the date of the Cotton Grower's stalk destruction has been
confirmed to the Plant Board by eradication program personnel.
Section VII
Planting Cotton in the
Eradication Zone.
1.
Prohibited Planting. Pursuant to Ark. Code Ann. §
2-16-610(b)(l),
the Plant Board may prohibit the planting of cotton in designated areas where
Boll Weevil eradication treatments cannot be effectively or legally applied due
to factors concerning the public welfare if determined by the Plant Board that
planting cotton jeopardizes the success of the program (Prohibited Planting
Area). The Plant Board shall identify all Prohibited Planting Areas no later
than March 1 of each year. Notice of the Prohibited Planting Area shall be
published in a local newspaper of general circulation covering the Prohibited
Planting Area at least once a week for four (4) consecutive weeks in the month
of March. In the event a Prohibited Planting Area is not designated by March 1
of the year in issue, the Plant Board's purchase or destruction of cotton shall
be in accordance with Section IX below.
2.
Notice of
Destruction. Pursuant to Ark. Code Ann. §
2-16-611(b), the
Plant Board may by written order require the destruction of cotton planted in a
Prohibited Planting Area after publication of the first notice required in
paragraph 1 above. Said order shall be delivered to the Cotton Grower via
certified United States mail. The order shall identify the cotton to be
destroyed by Township, Range, and Section, or portion thereof. The order shall
specify the date by which the Cotton Grower must destroy the crop at the Cotton
Grower's expense, which date shall be at least ten (10) calendar days after the
date of the order. The order shall further state that in the event the Cotton
Grower does not destroy the cotton by the specified date, the Plant Board will
destroy the cotton and assess the cost of destruction against the Cotton
Grower. The Assessment under this section shall be payable within thirty (30)
calendar days after destruction and shall be treated as any Assessment for
purpose of enforcing these rules. Provided, however, the Cotton Grower may
appeal an order under this paragraph to the Director of the Plant Board. The
appeal must be received by the Plant Board within ten (10) calendar days of the
date of the order. The Director of the Plant Board shall issue an order on the
appeal within ten (10) calendar days of the Plant Board's receipt of the
appeal.
3.
Non-Commercial Cotton. Non-commercial cotton shall not
be planted in an eradication zone in which field operations of the Boll Weevil
Eradication Program are in effect without a waiver issued in writing by the
Plant Board. Application for a waiver shall be submitted in writing and the
Plant Board's decision to grant or deny the waiver may be based on the
following:
(a) Location of growing
area;
(b) Pest conditions in the
growing area;
(c) Size of the
growing area;
(d) Accessibility of
the growing area; and
(e) Any
stipulations set forth in a compliance agreement between the applicant and the
Plant Board that are necessary to the Boll Weevil Eradication
Program.
Section
VIII
Treatment of Boll Weevil in the Eradication
Zones. The eradication of the Boll Weevil in an eradication zone shall
be in accordance with the USDA National Boll Weevil Cooperative Control Program
and shall be executed by the Plant Board and the Arkansas Cotton Grower's
Organization, Inc., with the assistance of the USDA Animal and Plant Health
Inspection Service. The Final Environmental Impact Statement, dated 1991,
issued by the USDA Animal and Plant Health Inspection Service for the National
Boll Weevil Cooperative Program is incorporated into these rules.
Section IX
Purchase of Cotton for
Effectuation of Program Objectives. Pursuant to Ark. Code Ann. §
2-16-611(a), in
the event Prohibited Planting Areas are not identified by the date prescribed
in Section VII above, or the Plant Board otherwise determines it to be in the
best interest of the Boll Weevil Eradication Program, the Plant Board or the
Arkansas Cotton Grower's Organization, Inc. may purchase growing cotton. The
Arkansas Cotton Grower's Organization, Inc. shall determine the purchase price
for such cotton. After such purchase, the Plant Board may manage or dispose of
the purchased cotton as it determines best. If the Cotton Grower objects to the
purchase price determined by the Arkansas Cotton Grower's Organization, Inc.,
the Cotton Grower may appeal the determination to the Plant Board within 15
days of the date of such determination. Such appeal must include all
information upon which the appealing Cotton Grower bases its appeal. The Plant
Board Director shall rule on the appeal within thirty (30) days of the Plant
Board's receipt of the appeal. The Director's ruling shall be in writing and
mailed to the Cotton Grower and the Arkansas Cotton Grower's Organization, Inc.
via first class United States mail.
Section
X
Quarantine. Establishing Quarantine. In carrying
out the purpose of these rules, the Plant Board may designate a quarantine area
in accordance Ark. Code Ann. §
2-16-609.
Section XI
Issuance of Certificates
and Compliance Agreements, Cancellations, Attachments and Cotton Gin
Certificates. Certificates may be issued for the movement of regulated
articles from, into or through a regulated area, as determined to be necessary
by the Plant Board.
Section XII
Scientific Purposes. All cotton planted within the state of
Arkansas notwithstanding the size of the acreage or plant is subject to the
coverage of these rules, provided, however, the Plant Board may designate
experimental areas for experiments designed to contribute to the development of
scientific knowledge deemed of importance to the production of cotton. Cotton
Growers in designated experimental areas and affected thereby, may be exempted
from specified requirements of these rules, provided, however, that such Cotton
Growers abide by a Compliance Agreement applicable to the experimental
areas.
Section XIII
Entry of
Authorized Personnel Upon Properties. Pursuant to Ark. Code Ann. §
2-16-607(b), Plant
Board personnel are authorized to inspect any fields or premises and any
property located therein or thereon for the purpose of determining whether such
property is infested with the Boll Weevil. Such inspections must be conducted
between sunrise and sunset. Such inspections include, but are not limited to,
taking of specimens, examining and obtaining records, and applying or
supervising treatments to the soil, plants or any regulated articles. This may
include removal and destruction of plants, plant parts, or other regulated
articles.
Section XIV
Restricting Access to Eradication Zone and Regulated Area.
Pursuant to Ark. Code Ann. §
2-16-605, the Plant Board may issue
rules that restrict entry by unauthorized persons or any other activities
affecting, or affected by, the Boll Weevil Eradication Program on any premises
in an eradication zone or in any regulated area
13.
REGULATIONS FOR THE PRODUCTION OF
RICE HAVING COMMERCIAL IMPACT
These regulations are established to carry out the provisions
as specified in Act 1238 (An Act to Assign To The Arkansas State Plant Board
Specified Powers, Duties and Responsibilities, Including The Duty To Develop
And Enforce Regulations Relating To Rice Identified As Having Characteristics
Of Commercial Impact; And For Other Purposes.)
I. Definitions.
a. Rice - plants and grain from plants of the
genus Oryza.
b.
Characteristics of Commercial Impact -Characteristics that may adversely affect
the marketability of rice in the event of commingling with any other rice and
includes, but is not limited to those characteristics:
(A) That cannot be identified without the aid
of specialized equipment or testing;
(B) That create a significant economic impact
in their removal from commingled rice; and
(C) Whose removal from commingled rice is not
feasible.
c. Commingle -
the mixing of two or more quantities of grain that have different
characteristics. These characters may or may not have direct commercial value
but may have an effect on the commercial value of the total commingled
lot.
d. Characteristic -a chemical
component (including the plant DNA), physical appearance, physical structure or
other ingredient that could adversely affect the production and marketing for
potential profit by persons involved in crop production.
e. Producer - a person, corporation,
partnership, association or other legal entity involved in the production of a
crop for the purpose of placing the harvest of that crop in commerce.
f. State Plant Board - the agency charged
with developing and enforcing regulations relative to, but not limited to,
matters affecting agricultural plant production.
g. Certification - in the context of these
regulations, shall mean the approval of specific varieties, strains, selections
or lots of rice for production in the state.
h. Scientific Review Committee - a group of
individuals each of whom is known by the Plant Board Director to have knowledge
of scientific, industrial or business elements that would aid in the evaluation
of the material under consideration.
i. Research - activities that involve growing
rice plants, harvesting rice grain and/or performing chemical, mechanical or
other pertinent operations on the plants and/or grain in order to accurately
measure/define/develop the characteristics exhibited by the material.
II. Product Ownership
a. Ownership of the characteristic with
commercial impact must be declared in documents filed with the Plant Board. The
appropriate forms for making such declaration will be provided by the Plant
Board. All regulatory activities will be handled through that declared owner or
such other person or entity as dictated by the owner.
III. Eligibility Requirements
a. Eligibility requirements are such that a
detailed description of the morphological, physiological and other
characteristics that distinguish it from other varieties or related processes
must be provided to the Plant Board. A suitable test for the purposes of
detection/validation of the proposed characteristic must be provided.
Information, designated as Confidential Business Information, collected in the
process of administering these regulations will be considered exempt from
Freedom Of Information Act due to the Trademark Exclusion contained in that
act.
b. Rice possessing
characteristics of commercial impact must have been registered and received
commercial production approval from all appropriate federal agencies that have
regulatory interest in the characteristics. These agencies include but may not
be limited to 1) Environmental Protection Agency, 2)Department of Agriculture,
3) Food and Drug Administration.
c.
Any variety, line, strain or other designated selection of rice that had ever
required a USDA or other agency permit for research or production will be
required to submit to these regulations.
d. Eligibility for research exemption will be
determined by the Plant Board through a review of laboratory management
practices and production protocols by Plant Board staff.
IV. Scientific Review Committee
a. A Scientific Review Committee may be
appointed by The Plant Board to evaluate applications received under these
regulations. The Scientific Review Committee shall consist of producers, not
employed by or be on the board of any other entity represented on the
committee, scientists from Arkansas educational entities, such as colleges and
universities or the University of Arkansas Cooperative Extension Service;
representative(s) of rice mills operating in Arkansas; representative(s) from
the regulated companies; representative(s) of merchandisers located in
Arkansas; the director of the Dale Bumpers National Rice Research Center; and
the Director of the Arkansas State Plant Board shall be a permanent ex-officio
standing member of the committee.
b. The committee shall review and make
recommendations to the board concerning, but not limited to:
1) Identifying rice that has characteristics
of commercial impact;
2) Reviewing
rice identified as having characteristics of commercial impact upon receipt of
a petition from the purveyor of the rice;
3) Recommending rules establishing terms and
conditions for planting, producing, harvesting, selling, transporting,
processing, storing, or otherwise handling rice identified pursuant to c, 1 of
this paragraph, and
4) Reviewing
the efficacy of terms, condition, and identity preservation programs imposed on
the planting, producing, harvesting, transporting, drying, storing, or other
handling of rice identified under section c, 1 of this paragraph using the most
current industry standards and generally accepted scientific
principles.
c. The
criterion for evaluation for suitability for production shall encompass but not
necessarily be limited to:
1) The
characteristic of economic impact;
2) Potential impact of characteristic on
value of other crops;
3) Potential
for accidental introduction of characteristic into other crops;
4) Quantity of production
requested;
5) Benefit expected to be
brought to society from the characteristic;
6) Ability of the owner of the characteristic
to comply with all regulations;
7)
Ability of the owner of the characteristic to bear financial obligations for
fees, fines and regulatory costs if contaminations are discovered;
and
8) Other concerns arising in
the committee deliberations.
V. Fees
a.
An application fee will be charged to each owner/applicant for each and every
characteristic considered, even if the same characteristic had been previously
considered for the same or different applicant.
b. The application fee will be established at
One Thousand ($1000.00) Dollars and will be due with the appropriate form when
application is made to the Plant Board for consideration of
production.
c. The application fee
is non-refundable in the event the production application is denied or the
application abandoned.
d. Fees will
be charged for each applicable inspection that is required to comply with these
regulations.
e. Inspection fees
will be established at One Hundred ($100.00) Dollars per visit. One
re-inspection will be provided (for a specific visit) at no additional charge
if the initial inspection detects conditions that result in an order to cease
operations. Additional inspections that are required due to failure to correct
unacceptable conditions will be assessed an inspection charge equal to the
initial inspection fee for each and every visit made by the inspector. The
frequency of these re-inspections will be determined by the Plant Board. The
re-inspections will be scheduled to insure compliance with the regulations and
permit conditions.
f. Any rice
developed at Public Institutions and/or the research programs from those
institutions shall not be subject to application fees as referenced in section
(a) above but will adhere to all other items in these regulations.
VI. Permits
a. Production Permit. Application for a
production permit shall be made to the Plant Board sufficiently in advance
(minimum of four (4) months) of the expected first planting to allow full
evaluation by Plant Board staff and, if deemed appropriate by the Plant Board
Director, by a Scientific Review Committee.
b. Permit Application Form. The appropriate
form will be supplied by the Plant Board for making the application.
c. Functional Permits. Depending on the
characteristic of economic impact, a determination may be made by the Plant
Board Director that other functions, such as planting, harvesting,
transporting, processing and storage, associated with the production of rice
having the characteristic, may also need to be permitted. To accommodate this
effort, the owner of the characteristic of economic impact should be prepared
to identify all parties that are expected to handle any of the rice in any form
or function.
d. Fees for Functional
Permits. Functions that are deemed to present a risk of causing/allowing a
cross contamination to occur and as a result necessitate inspections, may be
required to pay a fee for securing the permit and for having the inspections
made.
e. Restrictions specific to
the characteristic of economic impact will be contained in the
permit.
VII. Violations
a. Failure to secure permit. Failure to
secure a permit prior to engaging in activities to initiate any facet of the
process of production of a crop, including but not limited to:
1) Marketing of planting seed;
2) Movement of any viable seed containing a
target characteristic into Arkansas;
3) Movement of viable seed from storage to an
area that might support production of the crop;
4) Placement of a seed lot (bulk, bagged or
tote) into any type storage facility in Arkansas;
5) Planting (or placement of viable seed into
contact with any substance that might support germination and growth of the
resulting plants), will be considered a violation.
b. Non-adherence to any and all conditions of
an issued permit, any of the published regulations and any section of the
enabling legislation will be considered a violation.
c. Penalties for Violations. Penalties will
be administered according to the provisions contained in §
2-15-208 of ACT 1238. The appended
Penalty Matrix (Appendix A) outlines the violations and the appropriate penalty
for each of those violations. Each day of a continuing violation will be
considered a separate violation.
d.
Level of Violation. Violations may be judged to be of Major or Minor level for
enforcement actions. The enforcement level classification will be determined by
any of the following factors individually or in combination:
1) length of time violation occurred before
permit was issued (30 days or more is major);
2) nature of the characteristic
involved;
3) economic consequences
resulting from violation (impacts of more than $1000.00 are major);
4) number of entities impacted by violation
(more than 3 would be major);
5)
quantity of previously approved rice impacted by the violation (more than 500
bushels would be major);
6) other
factors deemed appropriate by the State Plant Board
Director.
VIII.
Cheniere Rice
a. Prohibited Usage. Rice of
the variety Cheniere, that has been produced from seed tracing back to the 2003
Foundation Class from Louisiana State University, shall not be offered for
sale, sold, planted, produced, harvested, stored, distributed, transported,
subjected to conditioning processes or handled in any manner for grain
production in 2007 and 2008.
b.
Inclusion. Any other rice variety or lot of seed that may be identified as
having a transgenic trait, either a variant of the traits known as "LL Rice" or
other traits not currently known, will also be subject to these regulations.
1. Exemption: Seed Stock Production. Only
those certified lots of Cheniere that have tested "negative within the
specified detection levels" shall be used for production of seed stock for
possible use as planting seed in 2008 and 2009.
c. Seed Stock Rejects. Rejects and cleanouts
from seed stock increases will be held and not sold at any first point of
delivery in the 2007 crop milling year.
d. 2006 Crop Usage. Cheniere rice produced
during the 2006 crop year may be moved from storage facilities to first points
of delivery without penalty.
e.
Testing Planting Seed, 2007. All seed used for planting in 2007 shall undergo
testing Prior to April 1, 2007 for the purpose of identifying seed lots that
contain variants of LLRice.
1. Testing Labs.
All seed samples shall be submitted to a lab that has validated the 35 S bar
test.
2. Sampling. Any seed sample
collected for the purpose of complying with these regulations must be
"officially drawn" samples under supervision of Plant Board Inspectors or an
employee of another state's AOSCA member. The Plant Board shall be responsible
for submitting the samples for testing, receiving and disbursing test results
and maintaining the chain of custody of the samples throughout the sampling and
testing process.
3. Seed Source.
Any seed anticipated to be used for planting rice must be tested. Seed produced
inside Arkansas as well as any seed produced in other states but entering
Arkansas through a purchase must be sampled and tested. Purchased seed from
other states that has undergone testing under the same protocol as outlined in
these regulations and receiving a "not detected within the specified detection
limits" and has documentation to present the results shall be exempt from
additional testing. All lots of seed, be they bagged or in bulk, shall be
subject to these regulations.
4.
Participation. Entities having seed, saved from their own production, that is
to be used for planting seed, are responsible for contacting the Plant Board
and requesting having a sample collected for submission for testing.
Information shall be provided to the Plant Board similar to the two year field
history required for the Certified Seed Program, due to the emergency situation
existing for 2007. No seed produced on farms that were involved in production
of the Cheniere rice variety in 2005 and 2006 shall be eligible for
testing.
5. Testing. The testing
protocol (commonly referred to as the 35S bar test) shall be conducted by a lab
that has had the validated protocol.
6. Detection Level. Testing shall be
conducted to effect detection at the.01% level with a 95% confidence
interval.
7. Records Retention.
Sample submission forms, results reports and any other records developed in
carrying out this testing, shall be retained by the applicant (those entities
owning and having the seed lot submitted for testing) and made available for
review upon request by a authorized representative of the Arkansas State Plant
Board.
8. Transfer of Seed. Copies
of testing results for individual lots of seed shall be provided to anyone who
purchases any portion of the tested lot. Results for all lots, of which any
portion was purchased, shall be provided to the purchaser.
9. Authorized for Sale. Any lot of seed
tested, utilizing proper protocols, that received a "not detected within the
specified detection limits" result, shall be legal for sale.
10. Failed Seed. Any lot of seed that tests
"detected within the specified detection limits" for LLRice may undergo a
second test if desired by the applicant. A second or "new" sample may be
requested for submitting for the second test. Seed lots testing positive in two
(2) tests shall be removed from the seed market and must be moved through the
grain marketing channels, by July 31, 2007, or be destroyed.
11. Exemption. "Specialty" rice producers and
millers who handle ONLY those rice varieties with characteristics, such as
aromatic qualities, that do not enter the grain marketing channels may be
exempt from these regulations under specific conditions (including but maybe
not limited to):
a. Their
seed source can be documented and verified.
b. Production records can be produced to
confirm that NO Cheniere rice was produced on the farm in the past, that no
equipment used in rice production on the farm was ever in a situation that
would expose the equipment to the presence of Cheniere, and that all seed
utilized on the farm came from documented sources and the seed was free of
Cheniere.
c. Records that confirm
the specialty rice will not enter the long grain market
channels.
