Whereas it has been determined the destructive insect
known as the Formosan subterranean termite, Coptotermes
formosanus Shiraki which occurs in limited areas in the State of
Mississippi and other species of the genus Coptotermes which
have the potential for being introduced in the State of Mississippi and under
provisions of Miss. Code Ann.
§
69-25-9,
have been declared to be public nuisance. Now, 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 Formosan subterranean
termite 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.
Bureau. The Bureau of Plant Industry, Mississippi Department of Agriculture and
Commerce.
b. Commissioner. The
Commissioner of Agriculture and Commerce or his duly authorized
designee.
c. Formosan termite.
Coptotermes formosanus and all other termites in the genus
Coptotermes.
d.
Infested. The presence of live Formosan termites or articles exposed to an
infestation with evidence of an infestation.
e. 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.
f.
Scientific permit. A document issued by the Director and/or State Entomologist
to allow the movement to a specific destination of regulated articles for
scientific purposes.
2.
No person shall move from any quarantined area of this or any state any of the
articles listed as regulated except in accordance with the conditions
prescribed in this section. (See paragraph 3 of this section.)
a. Any stage of development of the Formosan
termite, Coptotermes formosanus and other species of the genus
Coptotermes.
b.
Railroad cross ties that have been in contact with soil
c. Utility poles that have been in contact
with soil d. Firewood that has been in contact with soil e. All cellulose
material that has been in contact with soil f. Any other products, articles or
methods used to transport any type article whatsoever when it is determined by
an inspector that they present a risk of spread of the Formosan termite and the
person in possession thereof has been notified in writing.
3. Conditions governing handling, movement
and sale of regulated articles:
a. When an
inspector deems the article free of Formosan termites.
b. When the article has been properly
fumigated by a licensed and/or commercially certified pesticide applicator and
proof of treatment is present with article.
c. Articles found in violation of these
regulations shall be destroyed and/or disposed of in a manner approved by the
commissioner at the expense of the person or persons responsible for the
regulated article or shipped back to the point of origin. If shipped back to
the point of origin, the owner of such materials shall be responsible for
payment of all costs associated with the return shipment. Shipments being
returned to the point of origin must be sealed in a manner approved by the
commissioner and cannot stop until reaching the point of
origin.
4. Regulated
areas: All counties or parishes within the state or from another state that are
known to be infested with Formosan termites:
a. Mississippi: Adams, Amite, Covinton,
Forrest, George, Greene, Hancock, Harrison, Hinds, Jackson, Jasper, Jones,
Lamar, Lauderdale, Lincoln, Madison, Marion Pearl River, Rerry, Pike, Rankin,
Smith, Stone, Walthall, Wilkinson.
b. Other States:
i. Alabama (Counties) - Baldwin, Calhoun,
Lee, Mobile
ii. California (County)
- San Diego
iii. Florida - All of
State
iv. Georgia (Counties) -
Chatham, Cobb, Dekalb, Fayette, Gwinnett, Paulding
v. Hawaii All of State
vi. Louisiana (Parishes) - Ascension,
Assumption, Beauregard, Calcasieu, Cameron, East Baton Rouge, Iberia,
Iberville, Jeff Davis, Jefferson, Lafayette, LaFourche, Orleans, Plaquemines,
Quachita, Sabine, St. Benard, St. Charles, St. James, St. John, St. Martin, St.
Mary, St. Tammany, Tangipahoa, Terreborne, Vermillion, Washington, and West
Baton Rouge,
viii. North Carolina
(Counties) - Brunswick, Rutherford
ix. South Carolina (Counties) - Beaufort,
Berkeley, Charleston, Dorchester, Orangeburg, York
x. Tennessee (County) - Shelby
xii. Texas (Counties) Angelina, Aransas,
Bexar, Dallas, Denton, Galveston, Hidalgo, Harris, Jefferson, Liberty, Nueces,
Orange, Smith, Tarrant
5. Inspection and actions to correct:
a. An inspector is authorized to stop and
inspect, without a warrant, any person or means of conveyance moving into,
within or from the state when probable cause occurs to believe that such means
of conveyance or articles are infested with the Formosan termite.
b. An inspector may seize any articles found
to be in violation of these regulations.
c. An inspector may have the articles
properly fumigated, destroyed or disposed of in a manner approved by the
commissioner. All costs associated with treatments, destruction or disposal
shall be paid by the owner.
6. 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 or the
article itself.
