Current through Register Vol. 49, No. 9, September, 2024
SECTION I
- DEFINITIONS For the
purpose of these regulations the following words, names, and terms shall be
construed respectively to mean:
(a)
Pink Bollworm - The Pink Bollworm of cotton (Pectinophora
gossypiella Saunders) in any state of development.
(b)
Cotton - All parts of cotton
and cotton plants of the genus Gossypium, except cotton products.
(c)
Cotton Products - Seed
cotton, cotton lint, linters, and all other forms of unmanufactured cotton
fiber, oil mill waste, gin waste, gin trash, cotton seed, cottonseed hulls,
cottonseed cake, and cottonseed meals.
(d)
Seed Cotton - All forms of
cotton lint from which the seed has not been separated.
(e)
Lint - All forms of raw
ginned cotton except linters and waste.
(f)
Linters - All forms of
unmanufactured cotton fiber separated from cottonseed after the lint has
been removed.
(g)
Gin Waste - All forms of unmanufactured cotton fiber (including
gin motes) produced at cotton gins, other than baled cotton lint.
(h)
Oil Mill Waste -
Lint waste products derived from the milling of cottonseed.
(i)
Gin Trash - All of the waste
material produced during the cleaning and ginning of cotton,
(j)
Okra (Hibiscus esculentus) -
All parts of okra plants, including seeds and edible and dry pods,
(k)
Kenaf (Hibiscus cannabinus L.)
- All parts of kenaf plants, including seeds and pods.
(l)
Restricted Articles -
Products and articles that may move under the restrictions in these
regulations,
(m)
Approved or
Designated - Officially sanctioned by the Arkansas State Plant Board
and/or USDA/APHIS/PPQ.
(n)
Certificate - An approved document issued by an inspector,
evidencing apparent freedom of restricted articles from the pink
bollworm.
(o)
Limited Permit
- An approved document issued by an inspector to allow movement of
non-certified, restricted articles to or from authorized and designated gins,
oil mills, processing or manufacturing plants, or cottonseed
warehouses,
(p)
Infestation
(Infested) - The presence of the pink bollworm. ("Infested" shall be
construed accordingly.)
(q)
Moved (Movement and Move) - Shipped, offered for shipment to a
common carrier, received for transportation or transported by common carrier,
or carried, transported, moved, or allowed to be moved by any person within or
from any regulated area,
(r)
Inspector - An authorized inspector of the Arkansas State Plant
Board or USDA/APHIS/PPQ.
(s)
Compliance Agreement - An approved document issued jointly or
severally by USDA/APHIS/PPQ and the State Plant Board to persons engaged in
ginning, processing, or handling restricted articles for subsequent movement
from regulated areas, or to persons moving restricted articles from regulated
areas.
SECTION II
-
DEFINING STATE QUARANTINE
The state is hereby divided into 2 areas - Area A and
Area B. Area A consists of all counties or parts of counties in which the pink
bollworm has been found or in which it is suspected of being present because of
proximity thereto. Area B consists of the remainder of the
state.
SECTION III
- REGULATIONS APPLYING TO BOTH AREA A AND AREA B The owners of the land on
which the cotton is grown, the operators, and the tenants are jointly and
severally responsible for compliance with this section.
1.
Cotton Fields - Deadline for Stalk
Destruction; Clean-up of Seed Cotton Storage Areas and Handling Equipment.
All cotton fields must be treated in a manner that will bury or destroy
all cotton bolls and locks by April 15 of each year. All seed cotton storage
areas including handling and harvesting equipment must be cleaned of all bolls
and locks. Such bolls and locks must be treated in a manner that will either
bury or destroy them. Any untreated seed cotton to be held over on farms must
be fumigated under the supervision of the Plant Board or
USDA/APHIS/PPQ.
Should any fields, storage areas, handling or harvesting
equipment be found not in compliance by the April 15 deadline, the Arkansas
State Plant Board Director may cause the destruction of all bolls and locks of
cotton, the expense thereof to be changed against the owner, custodian, or
occupant, as provided by law.
2.
Fields or Farms Infested, or
Believed to be Infested. If pink bollworm is found in a field or on a
farm, or if on inspection it appears probable that a field or farm is infested,
said field or farm must be sprayed, dusted, or otherwise treated in any manner
which the Arkansas State Plant Board Director may direct, cost of any treatment
other than that required in Paragraph 1 to be at public expense unless other
arrangements can be made.
3.
Gins. The owners, and if leased, the lessees, are responsible for compliance
with the following: All gins, before starting to gin, must secure a
compliance-agreement, issued on the following conditions: The compliance
agreements expire June 30 of each year, unless extended by mutual agreement
between the State Plant Board and the gin or lessees. Compliance agreements may
be refused to gins which failed to comply with all regulations the previous
ginning season.
a. Gins must close at
midnight February 5 of each year, and no cotton may be ginned thereafter,
except by special permission from the State Plant Board. Gin must be thoroughly
cleaned before midnight February 15, and any remaining seed cotton or refuse
must be burned, in accordance to b. below, or otherwise destroyed or fumigated
before midnight February 15, except by written permission from the State Plant
Board._An inspection will be made to verify cleanup.
b. All gin trash must be put thru an approved
fan to kill Pink bollworm larvae, or it must be burned daily in a manner that
is in compliance with all state and federal agency regulations, such as but not
limited to Environmental Protection Agency and Arkansas Department of
Environmental Quality.
c. Each year
the State Plant Board shall list any owners, operators, or tenants who have
failed to meet the stalk destruction or other requirements thru reasons other
than extreme hardship, and at the beginning of the ginning season will send
such lists to all gins. Ginners are prohibited from ginning cotton from persons
whose names appear on said lists, until said persons present to the ginner a
written release from the State Plant Board or USDA/APHIS/PPQ. Such release
shall be given only after adequate assurance has been given by said persons to
the State Plant Board that the regulations will thereafter be complied with.
Ginning for said persons without said release is grounds for cancellation of
the gin's compliance agreement by USDA/APHIS/PPQ or the State Plant
Board.
d. Gins shall make their
records available to inspectors on request. Records must be kept of all cotton
received and ginned and all cottonseed handled. Gin records must show
disposition of seed acquired through ginning operations.
e. Apparatus and arrangements specified in
section 'a' and section 'c' must have been inspected and approved after
installation.
f. Gins must agree to
observe all regulations of the State Plant Board and USDA/APHIS/PPQ, pertaining
to pink bollworm.
g. Gins must
agree to permit inspections of gin premises at any time.
h. Gins must not gin cotton from Texas,
Oklahoma, New Mexico, Arizona, or infested areas of Louisiana and California,
except by written permission from the State Plant Board.
4.
Processing Plants. The
owners, operators, and if leased, the lessees will be jointly and severally
responsible for compliance with the following:
a. Cotton Gins, warehouses, oil mills,
cleaning plants, delinting plants and other plants must obtain a compliance
agreement before accepting cotton seed or cotton. Compliance agreements expire
June 30 of each year.___The applicant must agree in writing to comply with all
regulations, including treatment of cotton products and byproducts by an
approved method prior to movement within the state, b. All records must be made
available to inspectors upon request. Records must be maintained for all
products received, treated, handled, or processed. All products received must
be authorized by regulations, and must be handled in accordance with such
regulations.
c. Entire plant and
premises must be kept in such sanitary condition as to prevent contamination of
products eligible for certification. All trucks, cars, and other conveyances
must be thoroughly cleaned, immediately following unloading of untreated
products, and prior to loading out certified products.
d. Cotton warehouses, compresses, oil mills,
and other processing plants must not receive regulated products (such as cotton
and cotton seed) from gins unless the gin has a valid compliance agreement
issued by the State Plant Board.
5.
Okra. Commercial plantings
of okra are placed in the same category as cotton with regard to stalk
destruction and plowing under the residue.
SECTION IV
- REGULATIONS APPLYING ONLY
TO AREA A (See also Sec. Ill - Regulations Applying to both Areas A and
B)
1.
Ginning - All
cotton produced on farms in Area A(infested) must be ginned at gins in Area A,
or at designated gins, in Area B (noninfested), in close proximity. Designated
gins in Area B must comply with regulations applied to gins in Area A. If a
cotton field lies on both sides of or bordering the quarantine area, cotton
from the entire field may be ginned in Area B, if there is no reason to suspect
the presence of the pink bollworm in or near the field.
2.
Movement of cottonseed from Area A
to Area B is prohibited, unless it has been heat-treated or fumigated or
is moving to a designated mill for crushing. In either case, USDA/APHIS/PPQ or
State Plant Board permit must accompany each load shipped.
3.
Cottonseed not for Crushing.
Cottonseed not moved to a designated oil mill for crushing must be
either heat-treated or fumigated, or upon permission from the_State Plant Board
and/or USDA/APHIS/PPQ cottonseed may be returned to the farm of origin without
treatment for planting purposes only, provided seed will be held until a
designated date, and provided further that no pink bollworm infestation is
found in the area concerned during the current survey. If a pink bollworm
infestation is found during the current survey in the area concerned, all
cottonseed must be returned to a designated location to be either heat-treated
or fumigated. Any required treatment must be performed under the supervision of
an inspector, and costs for required treatment shall be borne by the ginner or
owner of the cottonseed.
Prior arrangements for monitoring shall be made in advance of
such treatment. Cottonseed may be fumigated only after such seed is sacked, or
bulk lots of seed may be loaded into a suitable container (i.e. trailer)
containing the necessary circulatory system for adequate dispersal of fumigant
or are stored in approved seed houses or containers.
4.
Movement from Area A into Area B of
any material which might carry pink bollworms is prohibited. This
includes seed cotton and cottonseed (unless under limited permit), cotton
bolls, cotton locks, and cotton refuse; and pick sacks, used gin or harvesting
machinery, trucks, trailers, and any other vehicles used to carry cottonseed or
seed cotton unless cleaned of all cottonseed, bolls, locks, seed cotton and
cotton refuse.
5.
Mechanical
pickers and harvesting equipment. Must be fumigated or cleaned and
inspected by the State Plant Board or USDA/APHIS/PPQ. Such equipment must be
accompanied by a certificate before moving from Area A to Area B.
6.
Live pink bollworms, grabbots,
unbaled gin waste, and unbaled oil mill waste. Movement is prohibited
from Area A to Area B.
7. Samples
of lint and linters weighing not more than 1 2 lbs. each. - Movement from Area
A is not restricted, if produced in a plant holding a compliance agreement and
protected from contamination.
8.
Baled or unbaled lint, baled or unbaled linters and gin waste.
These may be moved from Area A, only under permit or compliance agreement. They
may be moved in Area A without permit. Also, flat baled lint cotton or flat
baled lint cleaner waste produced at an approved gin where lint has passed
through one or more saw type lint cleaners, and linters produced at any
approved oil mill are eligible to move to any destination when kept free from
contamination and identity of each bale is maintained. Gin waste may move only
as follows: under limited permit, from the gin where produced to a designated
plant, aftd after approved treatment. Gin trash produced in Area A when treated
by an approved fan can be moved under certificate to Area B.
9.
Seed, etc. from Infested States.
Untreated cottonseed, seed cotton, bolls, locks, hulls, and any article
contaminated therewith, which is brought in from areas infested or thought to
be infested, is subject to seizure or treatment on arrival in Arkansas, if not
certified to specific designated processing plants or in the area on or west of
U.S. Highway 71.
10.
Oil
Mill. Deadline. Cottonseed from Area A sent to designated oil mills must
be processed and mill's premises cleaned-up by June 1 of each year. Cottonseed
to be held after June 1 shall be either heat-treated or fumigated by the June 1
deadline. Exception: Cottonseed from Area A received at designated oil mills
may be processed continuously without treatment, provided no pink bollworm
moths are recovered from traps located in oil mill storage areas. If a pink
bollworm moth is trapped before the end of May, the June 1 deadline would
apply. If no pink bollworm moths are trapped before the end of May, the mill
may continue processing and the deadline will be August 31 unless a pink
bollworm moth is trapped. If a pink bollworm moth is trapped immediate
treatment will be required of all seed on hand.
11.
Okra, Kenaf, and any other
plants subject to infestation, may be moved anywhere without permit unless they
have been determined to be infested, in which case they may be given approved
treatment and moved under certificate. Okra from infested areas in other states
is subject to seizure and/or treatment.
SECTION V
- ARTICLES ORIGINATING IN
AREA B IF MOVED TO AREA A
AND BACK TO AREA B
Articles originating in Area B may be moved from Area A under
certification without processing, treatment, or sterilization if, while in Area
A, the products have been handled and stored in such a manner as to maintain
identity and prevent contamination, except that-cottonseed and other cotton
products whose origin is not readily identifiable or is subjected to
contamination while within Area A must be heat-treated or fumigated before
moving back to Area B.
SECTION VI
- CANCELLATION OF CERTIFICATES AND PERMITS
Any certificate or permit may be canceled by the State Plant
Board for violation of these regulations, or when in the judgment of the State
Plant Board further use of such certificates or permits might result in
dissemination of the pink bollworm.
SECTION VII
- MARKING AND LABELING
REQUIREMENTS
To obtain certificates or permits under these regulations,
applications should be made either to the local inspector ©f to the State
Plant Board, Little Rock, or to the USDA/APHIS/PPQ, Little Rock. Certificates
or permits required under these regulations shall be securely attached to the
outside of each bag or other container of the restricted articles, except in
the case of restricted articles shipped in bulk, the certificates or permits
shall be securely attached to the waybills or other shipping papers which
accompany the shipment. Restricted articles shipped without a container shall
have the certificate or permit securely attached to the articles themselves.
When moved, each container of restricted articles, or the restricted article
itself when shipped without a container, shall also bear such markings and
labeling as may be necessary, in the judgment of the inspector, to identify the
material.
SECTION VI
M - SHIPMENTS FOR SCIENTIFIC PURPOSES
Live pink bollworms in any stage of development and products or
articles subject to the requirements of these regulations may be moved under
permit only for scientific purposes.
SECTION IX
- VIOLATIONS
Any person, firm or corporation found guilty of violating this
quarantine and these regulations is subject to the penalties provided by A.C.A.
2-16-201 thru
2-16-214 and
2-16-301 thru
2-16-310.
SECTION X
- CHARGES FOR
SPECIAL INSPECTIONS
When a gin is found on inspection not to have complied with
these regulations and a special inspection is required on that or other
account, an inspection fee of $50 shall be charged for each special inspection.
(Example of special inspection. If an inspection shows the gin has
not been satisfactorily cleaned by February 15, in accordance with these
regulations, then additional inspections made
thereafter, to verify cleaning are "special inspections," and the charge will
be $50 for each.)
SECTION
XI - SPECIAL AGREEMENT NECESSARY TO GIN FROM AREA A
Gins in Area B must not receive seed cotton from Area A unless
the compliance-agreement under which they operate specifically authorizes them
to do so.
SECTION XII -
CONVEYANCES HAULING BULK COTTONSEED - RESPONSIBILITY FOR COMPLIANCE
All conveyances hauling bulk cottonseed must be covered as to
prevent scattering of cottonseed. Gins or any other processing plant from which
the cottonseed is hauled, the driver of the conveyance, and the transporter are
jointly and severally responsible for compliance with this
regulation.
