2 Miss. Code. R. 1-3-01-132

Whereas it has been determined that the destructive insects known as the black imported fire ant, Solenopsis richteri Forel and the red imported fire ant Solenopsis invicta Buren formerly Solenopsis saevissima richteri Forel have been established in the State of Mississippi and under provisions of Miss. Code Ann. § 69-25-9, have been declared to be public nuisance. Therefore, the Director, Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, by virtue of powers vested in him by the Commissioner, by authority granted under Miss. Code Ann. § 69-25-7, does establish a quarantine to prevent the spread of the imported fire ant and under provisions of Miss. Code Ann. § 69-25-25, does declare and give public notice of the establishment of a quarantine as set forth in the following subsections

1. Definitions. For the purpose of this quarantine and regulations, the following shall be construed respectively to mean:

a. Approved establishment. Any establishment where the operator enters into a compliance agreement.

b. Certificate. A document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.

c. Commissioner. The commissioner of the Mississippi Department of Agriculture and Commerce.

d. Compacted soil. Soil attached to equipment that cannot be removed by brisk brushing and/or washing with water under normal city water pressure.

e. Compliance agreement. A written agreement executed with persons engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating or moving regulated articles and the Bureau of Plant Industry and/or its cooperators, wherein the former agrees to comply with the requirements identified in the agreement by the inspector or employee who executes the agreement on behalf of the Bureau of Plant Industry and/or its cooperators applicable to the operations of such person.

f. Director. Executive Secretary and Director and/or State Entomologist of the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce.

g. Infestation. The presence of the imported fire ant or the existence of circumstances that make it reasonable to believe the imported fire ant is present.

h. Inspector. Any authorized employee of the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, its cooperators or any other person authorized by the Commissioner or the Director of the Bureau of Plant Industry to enforce the provisions of the quarantine and regulations.

i. Mechanized soil-moving equipment. Mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.

j. Moved, movement, move. Shipped, deposited for transmission in the soil, offered for shipment, received for transportation, carried, otherwise transported or moved, by any means whatsoever, by any person, directly or indirectly.

k. Permit. A document issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination for particular handling, utilization or processing, or for treatment.

l. Person. This term includes any corporation, partnership, firm, company, joint stock, company, society, or association, as well as any individual.

m. Pest. The insect known as the imported fire ant, two species Solenopsis richteri Forel and Solenopsis invicta Buren in any state of development.

n. Regulated articles. Imported fire ants, soil and other products and articles of any character whatsoever, the movement of which is regulated by this quarantine.

o. Regulated or quarantined areas. Any area hereafter described or designated as regulated.

p. Scientific permit. A document issued by the Director and/or State Entomologist or by USDA to allow the movement to a specific destination of regulated articles for scientific purposes.

q. Soil. Soil shall be considered that part of the upper layer of earth in which plants can grow.

2. Regulated articles: No person shall move from any quarantined area of the state any of the articles listed as regulated except in accordance with the conditions prescribed in this section. (See Conditions governing the movement of regulated articles.)

a. The imported fire ant, two species Solenopsis richteri Forel and Solenopsis invicta Buren in any stage of development;

b. Soil, separately or with other things; (See subsection (3.)

c. Plants with roots with soil attached except house plants grown in the home and not for sale;

d. Grass sod;

e. Hay and straw; (See subsection (3))

f. Used mechanized soil-moving equipment; (See subsection (3))

g. Any other products, articles or means of conveyance of any character whatsoever when it is determined by an inspector that they present a hazard of spread of the imported fire ant and the person in possession thereof has been so notified.

3. Exempted articles - The following articles are exempt from the certification, permit, or other requirements if they meet the conditions prescribed and have not been exposed to infestation after cleaning or other handling.

a. Potting soil, if commercially prepared, packaged and shipped in original containers.

b. Hay and straw, if being used for packing or bedding.

c. Used mechanized soil-moving equipment, if cleaned of all loose, noncompacted soil. (See definition of Compacted Soil).

d. Transplants, if substantially free of soil.

4. Conditions governing the movement of regulated articles:

a. Certificate or certificates or permits. A certificate or permit must accompany the movement of regulated articles from any regulated area into or through any point outside thereof. Regulated articles originating outside of a regulated area may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles, provided, in the case of articles moved through a regulated area, the regulated articles are protected from infestation, while within regulated area, to the satisfaction of an inspector.

b. Attachment of certificates or permits. When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate or permit attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.

c. Issuance of certificates. Certificates may be issued by an inspector if the regulated articles:

i. Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; or

ii. Have been treated to destroy infestation in accordance with approved procedures; or

iii. Have been grown, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby.

d. Issuance of permits. Permits may be issued by an inspector to allow the movement of noncertified regulated articles to locations outside of the regulated areas for particular handling, utilization, processing, or for treatment in accordance with approved procedures, provided, the inspector has determined that such movement will not result in the spread of the imported fire ant.

5.There are no restrictions imposed on the movement of regulated articles within regulated areas unless the articles originate on infested properties and an inspector has determined that a hazard of spread exists and the property owner has been so notified. A property owner so notified may move the specified regulated articles within the regulated area only under conditions approved by an inspector.

6. In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.

7. Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions, provided, a scientific permit is securely attached to the container of such articles or to the article itself.

8. As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement stipulating that he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector.

9. Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of Mississippi upon probable cause to believe that such means of conveyance or articles are infested with the imported fire ant, and such inspector is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of these regulations.

10The Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce and its cooperators disclaims liability for any cost incident to inspection or treatment required under provisions of this quarantine, other than for the services of personnel of the Bureau of Plant Industry and its cooperators.

11. The entire state of Mississippi is designated as imported fire ant regulated within the meaning of the provisions of this regulation.

Notes

2 Miss. Code. R. 1-3-01-132

Miss. Code Ann. § 69-25-7.

Amended June 12, 1996.