2 CSR 70-13.020 - Boll Weevil Intrastate Quarantine

PURPOSE: This rule is to eradicate and prevent reintroduction and spread of the boll weevil within this state.

(1) In order to eradicate and prevent future reintroduction, upon implementation of an eradication program, a quarantine is hereby established against boll weevil throughout the entire state of Missouri.

(A) The following areas are hereby regulated and the movement of regulated articles within this area is prohibited without proper certification:

1. The counties of Bollinger, Butler, Cape Girardeau, Dunklin, Mississippi, New Madrid, Pemiscot, Ripley, Scott, Stoddard and any other counties in Missouri where cotton is grown.

(B) The following is a list of articles the movement of which is regulated:

1. The boll weevil;

2. Gin trash;

3. Cotton plants and parts of plants;

4. Seed cotton;

5. Used cotton equipment; and

6. Any other products, articles, means of conveyance, or any other item whatsoever is determined by the director to present a hazard in the spread of the boll weevil, and the person in possession of such item has been so notified.

(C) The following subsections shall govern the movement of regulated articles. Requirements under other applicable state and federal quarantines must also be met:

1. Regulated articles moving from a regulated area into, or through the eradication zone of the state of Missouri shall be accompanied by a certificate or permit issued by an authorized regulatory official in the state where such articles originated. Nothing contained in this paragraph shall be deemed to require a permit for movement of a regulated article solely within the eradication zone; and

2. Regulated articles originating outside a regulated area may be moved into or through Missouri, including the eradication zones, without a certificate or permit, if accompanied by documentation of the point of origin, and if, to the satisfaction of the director, such articles have been adequately protected from boll weevil infestation during movement through all regulated areas.

(D) Issuance of Certificates and Permits.

1. Certificates for movement of regulated articles may be issued by the director when such articles-

A. Originated in noninfested areas in the state of Missouri and have not been otherwise exposed to infestation;

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

C. Have been grown, manufactured, stored or handled in such a manner that, in the judgement of the director, they would not transmit infestation; and

D. Have been found, upon examination by the director to be free of any infestation.

2. Permits may be issued by the director to allow the movement of noncertified regulated articles from the regulated area to locations outside the regulated area for particular handling, utilization, processing, or treatment in accordance with approved procedures, when the director has determined that such movement will not result in spreading of the boll weevil.

(E) Certificates and permits shall be handled as follows:

1. Certificates and permits, when required, shall be securely attached to the outside container in which regulated articles are moved, provided that when the regulated articles are adequately described on the shipping document, the certificate or permit may be attached to the shipping document; and

2. Copies of all certificates and permits shall be furnished by the carrier to the consignee at the final destination.

(F) Any certificate or permit may be canceled by the director upon determination that the holder thereof has failed to comply with any condition for the use of such permit, or with any term of the compliance agreement.

Notes

2 CSR 70-13.020

AUTHORITY: sections 263.505 and 263.515, RSMo Supp. 1998.* Original rule filed June 29, 1999, effective Dec. 30, 1999.

AUTHORITY: sections 263.505 and 263.515, RSMo Supp. 1998.* Original rule filed June 29, 1999, effective Dec. 30, 1999.