Under the authority of the Mississippi Plant Act,
Miss. Code Ann. §§ 69-25-1 through 69-25-49 and section 140 of
this chapter adopted there under, this rule serves to prevent new introductions
into Mississippi and spread of benghal dayflower/tropical spiderwort
(Commelina benghalensis) within Mississippi to major
agricultural lands. The Mississippi Department of Agriculture and Commerce,
Bureau of Plant Industry hereby declares Commelina
benghalensis to be a noxious weed. This rule also establishes
procedures to prevent further introduction and spread of benghal dayflower from
infested counties.
1. Notice is hereby
given that the movement of regulated articles listed below into or within the
state of Mississippi in any stage is hereby prohibited:
a. All live stages of Commelina
benghalensis, including seeds, vegetative growth, roots and
stolons.
b. Soil from known
infested fields, whether on commodities, seed or equipment.
c. Farming equipment, excavation equipment
and vehicles containing or holding soil or vegetative plant material coming
from a known infested field, including but not limited to peanut harvesters,
combines, tillage equipment, cotton pickers, bulldozers, backhoes, excavators,
dump trucks, etc.
d. Hay harvested
from infested fields, including peanut hay.
2. Quarantined Area
a. Fields or premises located in George,
Jackson or other Mississippi counties wherein detections of Commelina
benghalensis have been detected and/or declared infested by the State
Entomologist.
b. The entire state
of Georgia, known infested counties in Alabama, North Carolina and Florida and
counties known to be infested in other states as determined by the State
Entomologist.
3.
Conditions governing transport or shipment of regulated articles:
a. Equipment listed in paragraph (1)(c) may
be certified to be moved out of a regulated/quarantine area from an infested
premises or field by one of the following means: (1) once inspected and found
to be free of soil and all live stages of Commelina
benghalensis by an official inspector of the Bureau of Plant Industry
(2) or after all the lands on which the piece of equipment has been operating
during the last twelve months have been surveyed and found to be apparently
free of Commelina benghalensis.
b. Live stages listed in paragraph (1)(a) may
not be moved from an infested premises or field except for research purposes
and only with a written permit issued by the Bureau of Plant
Industry.
c. Soil may only be moved
from an infested field or premises after being fumigated with an approved
chemical to kill all life stages of Commelina
benghalensis.
d. Farmers
harvesting hay who are not under a compliance agreement must have a field
inspection prior to cutting hay, or in the case of peanuts prior to digging, in
order to ship hay out of the regulated area.
e. A copy of certificate or permit issued by
an official of the Bureau of Plant Industry or official of the issuing state
must accompany each regulated item when moved from a regulated field.
4. Infested or non-certified
shipments of regulated articles from a regulated area will be held under
quarantine, until certification can be documented, or returned to the shipper
at his expense unless live stages of Commelina benghalensis
are detected in which case it shall be destroyed or fumigated at the owner's
expense. If fumigation is required, the Bureau of Plant Industry nor its
employees or agents, shall in any way be held responsible for injury to
regulated articles which might result from such fumigation.
5. The Bureau of Plant Industry hereby has
authority to enter into compliance agreements with affected parties in order to
effectively carry out the provisions of this rule.
