Arizona Administrative Code
Title 3 - AGRICULTURE
Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION
Article 5 - COLORED COTTON
Section R3-4-501 - Colored Cotton Production and Processing
Universal Citation: AZ Admin Code R 3-4-501
Current through Register Vol. 30, No. 38, September 20, 2024
A. Definitions. In addition to the definitions provided in A.R.S. § 3-101 and A.A.C. R3-4-101 and R3-4-201, the following terms apply to this Section:
1.
"Certified" means having been inspected with a written certificate of
inspection issued by an inspector of the Department.
2. "Colored cotton" means any variety of
cotton plants of the Genus Gossypium that produces fiber that
is naturally any color other than white.
3. "Cottonseed" means processed seed cotton
used for propagation, animal feed, crushed or composted fertilizer, or
oil.
4. "Composting" means a
process that creates conditions that facilitate the controlled decomposition of
organic matter into a more stable and easily handled soil amendment or
fertilizer, usually by piling, aerating and moistening; or the product of such
a process.
5. "Delinting" means the
process of using acid, flame, or mechanical means to remove fiber that remains
on cottonseed after ginning.
6.
"Planting seed" means seed of a known variety produced for planting subsequent
generations.
7. "Seed cotton" means
raw cotton containing seed and lint that has been harvested from a field, but
has not been ginned.
8. "White
cotton" means any variety of the Genus Gossypium that produces
white fiber as established in
7 C.F.R. §§
28.401 through
28.407; and
the U.S. Department of Agriculture, Agriculture Marketing Service: Cotton
Classification, revised April, 2005. This material is incorporated by
reference, does not include any later amendments or editions of the
incorporated matter, and is on file with the Office of the Secretary of
State.
B. Production requirements.
1. A producer who intends to
grow colored cotton shall register in writing with the Department. The
registration form shall be received at least 30 days before the cotton planting
date for the applicable cultural cotton zone established in
R3-4-204(E).
Any colored cotton not registered with the Department shall be abated as
established in A.R.S. §§
3-204
and
3-205,
and the producer may be assessed a civil penalty as established in A.R.S.
§
3-205.02.
The registration shall include:
a. The name,
address, telephone number, and signature of the producer;
b. The name, address, telephone number, and
signature of the property owner;
c.
The name, address, and telephone number of the organization or company
contracting for the production of colored cotton or to whom the colored cotton
will be sold, if known;
d. The
total number of acres to be planted;
e. The geographical location of the proposed
fields by county, section, township and range; and
f. The name of the property owners, if known,
adjacent to the field where colored cotton will be grown.
2. Separation of white and colored cotton.
a. A colored cotton producer shall ensure
that all colored cotton is planted no less than 500 feet from any white cotton
field.
b. All producers of white
cotton saved for planting seed shall comply with the Field Standards in the
Arizona Crop Improvement Association's Cotton Seed Certification Standards,
revised July 1995. This material is incorporated by reference, does not include
any later amendments or editions of the incorporated matter, and is on file
with the Office of the Secretary of State.
3. A producer shall not plant white cotton on
land on which colored cotton has been grown until one or more irrigated
non-cotton crops have been produced on that land. If the non-cotton crop is not
grown during a traditional cotton growing season, as established by
R3-4-204(E),
the field shall be irrigated before planting a white cotton crop.
4. The Department shall notify all cotton
producers of the colored cotton plant-back restrictions and of the availability
of location and acreage records of colored cotton crops.
5. The Department shall notify the Arizona
Crop Improvement Association of the colored cotton geographical locations at
least 25 days before the cotton planting date for each cultural cotton zone
established in
R3-4-204(E).
C. Cotton appliances.
1. No cotton producer, contractor, or ginner
shall use a cotton appliance or gin to produce, transport, or handle white
cotton after the gin or appliance has been used in the production,
transportation, or handling of colored cotton until the Department inspects the
cotton appliance or gin and finds it free of colored cottonseed, seed cotton,
fiber, and gin trash. A cotton producer, contractor, or ginner shall notify the
Department at least 48 hours, excluding Sundays and legal holidays, before an
inspection is needed.
2. Colored
seed cotton, cottonseed, fiber, and gin trash cleaned from cotton equipment,
shall be composted or disposed of by the producer or ginner:
a. On land where gin trash has previously
been disposed and the land is managed as specified in subsection (B)(3);
or
b. In a landfill approved by the
Department.
3. The
Department shall legibly mark cotton appliances designated for exclusive use on
colored cotton crops.
D. Transportation. Except in gin yards, colored cottonseed or colored seed cotton transported over public roads shall be totally enclosed or covered.
E. Gin requirements.
1. A gin owner or manager planning to process
colored cotton shall notify the Department, in writing, no less than 30 days
before processing the colored cotton.
2. The Department shall notify the Arizona
Crop Improvement Association of a gin owner's or manager's intention to process
colored cotton within 10 days from the receipt of the notification from the
gin.
3. A gin owner or manager
processing colored cotton shall not process white cotton until the gin has been
cleaned, and inspected by the Department. The gin shall be free of cottonseed,
seed cotton, and loose lint as established in subsection (C)(1).
4. If a gin processes colored seed cotton and
white seed cotton during the same season, and the white cottonseed is not
retained by the plant breeder for research purposes, the producer shall market
the white cottonseed as:
a. Animal
feed,
b. Crushed or composted
fertilizer, or
c. Oil.
5. The ginner shall legibly mark
colored seed cotton kept in the gin yard or gin buildings and shall:
a. Isolate the seed cotton at least 500 feet
from white seed cotton, or
b.
Enclose it with two foot high chicken wire or chain link fencing.
6. Gin trash not disposed as
established in subsection (C)(2) shall be shipped out-of-state, subject to the
requirements of the receiving state and
7
CFR §§
301.52 et. seq., amended
June 7, 2005. This material is incorporated by reference, does not include any
later amendments or editions of the incorporated matter, and is on file with
the Office of the Secretary of State.
7. The ginner shall bale or bag colored
cotton fiber and mark the bale or bag as colored cotton.
F. Seed Requirements.
1. A producer or contracting organization,
set forth in subsection (B)(1), saving colored cottonseed for propagative
purposes shall legibly label the colored planting seed container and notify the
Department of:
a. The quantity,
b. The variety or color,
c. The location where the colored planting
seed is held or stored, and
d.
Whether any seed will be shipped out-of-state.
2. If the cotton seed is being delinted in
Arizona, the delinting facility shall follow the requirements in Harvesting,
Handling and Tagging that are included in the Cotton Seed Certification
Standards and have been incorporated by reference in subsection
(B)(2)(b).
3. The producer shall
render non-viable non-delinted (fuzzy) colored cottonseed not used for
propagative purposes by crushing or composting. Whole or cracked colored
cottonseed shall not be used as animal feed in Arizona but may be shipped
out-of-state, subject to the requirements of the receiving state and
7
CFR §§
301.52 et. seq., amended
June 7, 2005.
4. Cotton producers
shall not transport unbagged white cotton planting seed using vehicles or other
equipment previously used to transport whole or cracked colored cottonseed
until the Department has certified that these vehicles and equipment are free
of colored cottonseed.
G. Advisory committee.
.
The Director, as necessary, shall appoint an advisory committee composed of the nominated representatives of the Arizona Cotton Growers Association and the Arizona Cotton Research and Protection Council and such other individuals as may be necessary to make recommendations to the Department on amendments to this Section.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
