Current through Register Vol. 49, No. 9, September, 2024
SECTION I.
PUBLIC NUISANCE DECLARED. The following plant diseases, insect pests and
noxious weeds, under the provisions of the Arkansas Plant Act ( A.C.A. ' 2-16 -
201 et seq) are hereby declared to be a public nuisance, including anything
infected, infested or contaminated therewith. The extent to which these plant
diseases, insect pests and noxious weeds are regulated is covered in this and
other Plant Board circulars. Italicized pests are intent of horticulture
inspections.
A.
Plant Disease Pests
Listed
1.
Chestnut blight
(chestnut and chinquapin)
2.
Phony peach, peach mosaic and
peach rosette
3. Fusiform
and other gall rusts of pines
4.
Texas root rot (cotton and other plants)
5.
Oak wilt (oak, chestnut and other
trees and shrubs)
6.
Cedar-apple rust
7.
Fire blight (pear, apple and
other plants)
8.
Root knot nematode
9.
Soybean cyst nematode
10.
Foliar nematodes (Aphelenchoides
besseyi and others)
11.
Crown gall and other infectious galls
12.
Hairy root of apple and
rose
13.
Bacterial spot of peach
14.
Strawberry
dwarf
15.
Red
stele of strawberry
16.
Virus diseases on horticultural crops
17.
Strawberry yellows
(genetic)
18.
Infectious cankers
19.
Bacterial spot of tomato
20.
Alternaria and septoria leaf
spots of tomato
21.
Late blight of tomato
22.
Camellia petal
blight
23.
Azalea
petal blight
24. Hoja
blanca disease of rice
25.
Internal cork of sweet potato
26.
Black rot of sweet
potato
27.
Stem
rot of sweet potato
28.
Anthracnose on various host plants
29.
Pink root of
onion
30. Sting
nematode
31.
Blights and
leaf spots damaging to plants
32.
Collar rot
33.
Dutch Elm
disease
34.
Phloem necrosis
35.
Bud rot on strawberries
36.
Fusarium wilt of tomatoes (all
races)
37.
Blueberry nursery stock diseases
38.
Pinewood
nematode
39. Blackleg of
rape
40.
Rose
Rossette
B.
Insect Pests Listed1. Pink
bollworm (cotton and okra)
2.
Sweet Potato weevil
3. Fruit flies (fruit and vegetable) does not
apply to Drosophila
4. Khapra
beetle and other stored grain insects
5. Bruchids and other pest of seeds (seeds of
crops and other plants)
6.
Japanese Beetle (trees, fruits, vegetables and other
plants)
7.
Gypsy
and Browntail moths and other leaf-feeding insects (trees, shrubs and other
plants)
8.
Fire
ant, Argentine ant, carpenter ant and other injurious ants
9.
Vegetable
weevil
10.
White-fringed beetle
11.
European chafer
12.
Termites
13. Powderpost
beetles
14.
San Jose scale
and other scale insects
15.
Wooly Aphis
16.
White flies
17.
Strawberry crown
borer
18.
Pine
tip moth and other insects attacking pine shoots
19. Oriental fruit moth
20.
Borers of all
kinds
21.
European red mite and other spider mites
22.
Bagworms and other leaf-eating
insects
23.
Thrips
24.
Aphids
25. Harlequin
bugs
26. Roaches and other
household insect pests
27.
Elm leaf beetle
28. Cereal
leaf beetle
29. Southern pine
beetle
30.
Brown garden
snail, or any other plant destroying snail
31. Asian Ambrosia Beetle
C.
Noxious Weeds
Listed
1. Field bindweed
(Convolvulus arvenis)
2.
Nut grass (Cyperus
rotundus)
3.
Wild
onion and/or wild garlic (Allium spp.)
4. Johnson grass (Sorghum
halapense)
5. Dodder
(Cuscuta spp.)
6.
Bermudagrass (Cynodon dactylon)
7. Cheat or Chess (Bromus secalinus)
and/or (Bromus commutatus)
8. Darnel (Lolium
temulentum)
9. Corncockle
(Agrostemma githago)
10. Horsenettle (Solanum
carolinense)
11. Purple
nightshade (Solanum elaeagnifolium)
12. Buckhorn plantain (Plantago
lanceolata)
13. Bracted
plantain (Plantago aristata)
14.
Rumex spp.
15. Blueweed (Helianthus
ciliaris)
16. Morning Glory
(Ipomea spp.)
17.
Hedge Bindweed (C. sepium)
18. Red rice (Oryza sativa
var.)
19. Curly indigo
(Aeschynomene indica)
20. Tall indigo or coffee bean
(Sesbania exaltata)
21. Giant foxtail (Setaria
faberi)
22. Witchweed
(Striga spp.)
23.
Crotalaria (Crotalaria spp.)
24. Cocklebur (Xanthium
spp.)
25. Moonflower
(Calonyction muricatum)
26. Alligatorweed (Alternanthera
spp.)
27. Balloonvine
(Cardiospermum halicacabum)
28. Itchgrass (Rottboellia
exaltata)
29. Thistle
(Carduus, Cirsium, Onopordum, Silybum, Scolymus, Salsola and other
genera)
30. Serrated Tussock
(Nassella trichotoma)
31.
Purple Loosestrife
(Lythrum salicaria)
32. Barnyardgrass (Echinochloa
crusgalli)
33. Water
Hyacinth (Eichornia crassipes, E. azurea)
34. Japanese Blood Grass (Imperata
cylindrica)
35. Tropical
Soda Apple (
Solanum viarum)
Any foreign insect, plant disease or weed which may be brought
into Arkansas and whose habits and injuriousness under the conditions of
agriculture in Arkansas are unknown, is regarded as dangerous and is declared
to be a public nuisance.
PROHIBITED PLANT LIST
Plants contained on the following list present such a danger to
the natural ecosystems in the state that they are hereby declared prohibited.
No plant, seed or any reproductive structure may be sold or utilized in
plantings in Arkansas.
1. Purple
Loosestrife (Lythrum salicaria)
2.
Giant salvinia (Salvinia molesta)
3. Water Hyacinth (Eichornia crassipes, E.
azurea)
4. Japanese Blood Grass
(Imperata cylindrica)
SECTION III.
REGULATIONS FOR NURSERY STOCK, NURSERYMEN, NURSERY DEALERS, NURSERY AGENTS AND
NURSERY LANDSCAPE CONTRACTORS. Nursery stock as defined in the Nursery
Fraud Act (ACA '
2-21-101 to 113) shall include all
field-grown florist stock, trees, shrubs, vines, cuttings, grafts, buds, fruit
pits and other seeds of fruit and ornamental trees and shrubs, and other plants
and plant products for propagation, except field, vegetable and flower seeds.
A.
Sale and Transportation of Nursery
Stock.1. All nursery stock sold or
transported within or into the State of Arkansas shall have attached to the
outer container thereof either a certificate of inspection or a dealer's
certificate. If transported within or into the State of Arkansas by means other
than a common carrier, the driver of the vehicle must have in his possession
either a certificate of inspection or a dealer's certificate, a copy of which
shall be given to the person or to each of the several persons to whom the
nursery stock is delivered.
2. Any
person desiring to ship nursery stock into Arkansas shall:
a. File with the Plant Board an official
certificate of inspection showing that the nursery has been inspected and found
reasonably free of insect pests, plant diseases and noxious weeds. Or, this
information may be certified to the Plant Board by the nursery inspection
official of the state of origin.
b.
Attach a valid copy of the certificate of inspection of the state of origin to
each package, box or bundle of nursery stock shipped into Arkansas. On
multiple-order shipments, a certificate must be attached to each individual
order as well as to the outer package. On container grown or balled and
burlapped bulk shipments, a certificate may be attached to the invoice covering
each delivery.
3. No
fee shall be charged out-of-state nurserymen or dealers who deliver nursery
stock to Arkansas nurserymen and dealers, or who ship directly from their
out-of-state locations to Arkansas purchasers.
4. Any person who is selling nursery stock in
person within the state directly to the consumer must obtain either a nursery
dealer, nurseryman, agent or nursery landscape contractor license and pay the
prescribed annual fee.
B.
Inspection of Nurseries, Dealer's
Stocks and Sales by Agents and Nursery Landscape Contractors.
1. All nurseries shall be inspected at least
once each year for insect pests, plant diseases, and noxious weeds, and a
written notice of the findings of such inspection shall be given by the Plant
Board to the owner or manager of each nursery. Upon the inspection of the
nursery and proper fulfillment by the nurseryman in charge thereof of the
requirements and conditions contained in said notice and upon full payment of
the fees and costs hereinafter prescribed, the Plant Board shall issue a
certificate of inspection. Application for inspection of nurseries must be made
by August 15 of each year.
2.
Nurseryman's License. Nursery dealers and/or agents are required by law to have
a valid license issued by the State Plant Board prior to offering for sale or
selling nursery stock in Arkansas. Stock of nursery dealers and that sold by
nursery agents shall be inspected from time to time, inspections to be made in
heel yards, in transit, and/or after stock has been sold. Dealers must provide
facilities for keeping nursery stock in viable condition, either outdoors or
indoors, and inspectors will check such facilities for compliance, as well as
infestation of insect pests, plant diseases and noxious weeds.
3. Nursery Dealers License. Any dealer who
holds a nursery dealers license under the provisions of the Arkansas Nursery
Fraud Act 1919, as amended, may secure a dealer's certificate by filing with
the Board an affidavit stating that he will keep the Director informed of the
names and addresses of the nurserymen from whom he secured his nursery stock
and that he will not ship under his dealer's certificate any nursery stock
unless the grower of said nursery stock is in possession of a valid certificate
or permit issued by the Board.
4.
Nursery Landscape Contractors. Those nursery dealers involved in the
installation of ornamental or horticultural plants, or offering for sale, or
selling nursery stock in Arkansas, through the planting of nursery stock for
compensation, are considered to be nursery landscape contractors. If not
already holding a valid Arkansas Nurseryman or nursery dealers license, nursery
landscape contractors will be required to obtain a valid nursery landscape
contractor license issued by the State Plant Board to perform such services.
Stock of nursery landscape contractors shall be inspected from
time to time with inspections to be made in heelyards, in transit and/or after
stock has been planted. Inspectors will check for viability of stock,
infestations of insects, plant disease and noxious weeds.
Nursery landscape contractors that do not maintain a heelyard
shall submit a list of no more than 10 contract jobs, which have been completed
within the last 12 months, so that inspection of plant materials can be made on
site. This list of jobs must be submitted to the Arkansas State Plant Board by
May 15th of the preceding licensed year.
5. Nurserymen, Nursery Dealers, Agents or
Nursery Landscape Contractors. Must Make Records Available Upon Request.
Nurserymen, nursery dealers, agents or nursery landscape contractors must make
available invoices and applicable quarantine certificates on all sales of
nursery stock upon request of the Authorized State Plant Board
Designees.
6. Limited Nurseryman
License. This category is required to have a valid license issued
by the State Plant Board prior to offering for sale or selling nursery stock in
Arkansas. The Limited Nurseryman License is defined by selling only plants
which are propagated and produced by that grower. They are not allowed to
broker other regulated plants, which were produced by another grower, nor are
they allowed to supply another business to sell their plant materials. The
Limited Nurseryman License status will be limited to those producing less than
500 square feet of nursery stock per year. This license does not include
contracting or installation of nursery stock.
C. Green-Colored Wax on Nursery Stock. The
sale or offering for sale of rosebushes or their nursery stock covered with
green-colored wax is prohibited in Arkansas.
D. Licensing. All licenses for Nurseryman,
Nursery Dealer and Landscape Contractor must be renewed annually. The licenses
are valid from November 1 of the current year until October 31 of the following
year. License fees are $10.00 and all facilities must be inspected before a
license will be issued. See Section IV for fee charges. License renewal
applications should be submitted to the Plant Board to allow time for
inspections, processing and issuance to take place prior to the October 31
deadline.
1. Late Fees: Any application
postmarked after October 31 will be subject to a late charge of fifty (50%)
percent of the license and inspection fees.
For fees charges, see Section IV, Fees.
SECTION VI . Regulations Governing the
Movement of Sweet Potatoes into the State from Areas Infested or Suspected of
Being Infested with Sweet Potato Weevil.
A. Sweet potatoes, or plants or vines
thereof, which have been grown or stored in counties or parishes now or
hereafter known to be infested with the sweet potato weevil, must not be
transported into or stored, used, or distributed within the state of Arkansas,
except as follows:
1. Sweet potatoes must be
moved only to consignee who holds a valid permit (issued on request) from the
Arkansas State Plant Board, authorizing said consignee to receive shipments of
fumigated potatoes between July 1 and January 31 of each year.
2. Sweet potatoes must be fumigated with
methyl bromide immediately prior to shipment in a manner approved by the
Director of the Arkansas State Plant Board.
(a) Only sweet potatoes which have been
inspected and found apparently free of weevils will be eligible for fumigation.
(b) Fumigation certificates signed
by an authorized plant quarantine official, showing number of bushels, car
number, dosage, time of exposure, temperature, name and address of consignor
and consignee and any other information required by the Director, must be
mailed to the Plant Board at Little Rock when the shipment is made.
(c) Duplicate copy of certificate must be
attached to waybill, or be in possession of the driver of vehicle.
(d) Each container in the shipment must bear
an official fumigation tag.
(e)
Sweet potatoes must be moved into Arkansas immediately after
fumigation.
3.
Permit-holder (consignee) must notify the Plant Board, Little Rock, immediately
on arrival of each shipment. With said notification, permit-holder must remit
to the Plant Board a one-cent fee for each bushel of sweet potatoes in said
shipment.
4. Sweet potato plants or
vines must not be transported into Arkansas under any condition.
The Plant Board will inspect on arrival as many of the
fumigated shipments as possible. Should living stages of sweet potato weevil be
found in any shipment, or should it be found that any of the provisions of this
rule are not being complied with, the Director may invalidate any or all
permits issued under this rule. The Director may cause to be destroyed,
refumigated or removed from the state, any shipment in which live stages of the
weevil are found.
B.
Exception for Canning Plants.
Sweet potatoes fumigated as described in Paragraphs 2 and 3 may be brought to
canning plants for immediate canning at any time, provided culls and refuse are
sterilized at the plant.
"Unfumigated sweet potatoes may be brought to canneries at any
time provided the canner and broker or hauler has a signed Compliance Agreement
on file with the Plant Board binding him to the following:
1. Special permission shall be obtained from
the Director of the Arkansas State Plant Board before bringing weevil-area
potatoes into the state. Permission shall be restricted to the following area
and purpose:
a.
Area - That
section of Northwest Arkansas included in the following counties: Baxter,
Benton, Boone, Carroll, Cleburne, Conway, Crawford, Faulkner, Franklin, Fulton,
Independence, Izard, Jackson, Johnson, Lawrence, Madison, Marion, Newton, Pope,
Pulaski,
Randolph, Searcy, Sebastian, Sharp, Stone, Van Buren,
Washington and White. Prohibited elsewhere in the state.
b.
Purpose - Immediate canning
only. Seed, bedding, table use, etc., prohibited, entire state.
2. Each load shall be accompanied
by an official certificate of the state of origin showing apparent freedom from
weevils.
3. Each load shall be
officially sealed by the originating inspector and remain sealed until opened
for canning.
4. Certificates and
seals from each load shall be kept by cannery and surrendered to inspector upon
request.
5. If shipped by rail at
any time or truck between January 1 and July 1, certificates must show
treatment of load with a pesticide recommended and registered for such
use.
6. Shipment must be in tight
rail cars or van-type trucks with vents screened. Tarpaulin-covered loads will
not be accepted.
7. Potatoes must
be canned immediately upon arrival. In emergency cases potatoes may be unloaded
and stored for not more than 48 hours in such a way that weevils, if present,
cannot escape and cause infestation.
8. No potatoes may be carried away from
canning plant, and all must be canned except culls.
9. Culls, wastes and cleanings must be:
a. Processed through lye vat at regular plant
speed and temperature and flushed down drain, or
b. Collected in a tank covered with hot lye
solution (Minimum 185 degrees F.), allowed to soak for 1 hour, then either
buried 2 feet deep, flushed down drain, or fed to livestock
immediately.
10. After
canning, plant premises must be thoroughly cleaned and sprayed with an
insecticide to kill any live weevils thereon.
11. Trucks and rail cars after unloading and
before leaving premises must also be cleaned and sprayed as in number 10 above,
and cleanings disposed of as in number 9 above.
12. Plant Board inspectors will make
periodical, unannounced inspections to check for conformity with all items
stipulated herein, but will not necessarily remain through entire canning
process each visit.
13. Inspectors
will recommend cancellation of this Agreement and withdrawal of the Director's
special permission if serious discrepancies with the stipulations are
noted.
14. An inspection fee of 5
cents per bushel will be charged, based upon duplicate load certificates, which
are received by the Plant Board office from the out-of-state inspector. These
certificates and seal numbers must match those kept by the canner from each
load and surrendered to Plant Board inspector."
C. Sweet potatoes grown in counties or
parishes which are free or which have been declared free of potato weevil will
be admitted into Arkansas without fumigation, provided each load is accompanied
by a certificate of the quarantine officer of the state where grown, giving
name and address of grower, number of bushels in the load, destination of load,
name of county or parish where grown, and certifying that said county or parish
is free of sweet potato weevil, and the date issued.
SECTION VII.
MISCELLANEOUS
REGULATIONS
1. Sale or Transportation
of Seed Irish Potatoes is prohibited within the state (Irish potatoes which are
represented orally or in writing as being suitable for planting purposes)
unless the potatoes have been inspected in the field and certified as true to
variety and free from disease, by the official certification agency of the
state in which they were grown; and the official certification tag of said
state must be sealed to each bag or container thereof.
Use of Misleading Words Prohibited. Seed Irish
potatoes must not be accompanied by tags, labels, or other devices on which are
used the words "Inspected or Certified" or on which are used any other word or
words which might suggest a similar meaning, unless said potatoes have in fact
been certified as to freedom from disease and as to varietal purity by the
official certification agency of the state in which they were
grown.
2.
Texas
(Phymatotrichum) Root Rot. Nursery stock, strawberry plants and
vegetable plants grown or originating in the counties of Miller and Little
River, and in any other counties in which the phymatotrichum root disease is
hereafter found to exist, which are affected with said disease, shall be
prohibited from moving into any other portion of the state or into other
states.
3. The Director may refuse
further services of the Plant Board to anyone who owes the Board for fees,
until the fees are paid or until satisfactory arrangements are made for paying
them.
4.
Phytosanitary
Certificates. For sampling, inspecting or analyzing, and issuing
phytosanitary certificates for soybeans, rice, small grains, cottonseed,
cottonseed meal, soybean meal, lumber and other plant products or plants, the
charge will be $15.00 per certificate.
5.
Plant Destroying Snails. The
Brown Garden Snail,
Helix aspersa, has been reported in Arizona,
California, Florida, Louisiana and South Carolina. It is a
plant feeder and very destructive to many host plants. It is readily
transported on infested nursery stock. The shipment, therefore, of nursery
stock into Arkansas from infested states, or from any state hereafter found
infested with this or any other snail know to be a serious plant pest, shall be
subject to the following:
A. Nurseries
in infested states who desire to ship plants into Arkansas shall file
certificates of inspection with the Arkansas State Plant Board. As part of such
certificate, or attached to it, there shall be a declaration signed by the
state's regulatory officer stating that the nursery concerned has been
inspected and found free of the Brown Garden Snail,
Helix aspersa.
Amended certificates of inspection will also be accepted for
nurseries which ship only:
1) Bare
root nursery stock free of soil.
2)
Cured bulbs free of soil.
3)
Nursery stock from tightly enclosed greenhouses or other structures where
official inspections are made to assure the enclosures are free of snails.
A valid copy of the state of origin certificate of inspection
shall be attached to each package, box or bundle of nursery stock shipped into
Arkansas, or to the invoice accompanying each bulk delivery of balled and
burlapped or container-grown stock.
B. Infested nurseries may ship plants into
Arkansas under either of the following conditions:
1)
Fumigation. Certificates and
invoices shall accompany each load showing that the stock has been fumigated in
a gastight chamber with methyl bromide, 2 1/2 pounds per 1,000 cubic feet, 70
degrees F. or above, for 2 hours; or with HCN, 25cc per 100 cubic feet, 50 to
85 degrees F., for 1 hour.
2)
Quarantine Area Certification. Nursery stock will be accepted if
accompanied by certificates and invoices showing that the plants have, under
official supervision, been:
a. Held in a
separate, designated quarantine area for at least 30 days.
b. Treated intermittently with baits and
sprays.
c. Inspected and
reinspected for Brown Garden Snail.
d. Completely free of harmful snails for at
least 30 days.
C. Nursery stock or plant material arriving
in Arkansas from an infested state without proper certification will be held
under Stop-Sale Order until properly certified, or returned to the shipper at
his expense, unless found infested with living Brown Garden Snails or other
snails known to be serious plant pests.
D. Nursery stock or plant material found
infested with Brown Garden Snail or any other dangerous plant pest will be
destroyed, or fumigated at the shipper's expense,provided the infestation can
be eliminated without hazard of spread of the pest during treatment.
6.
Fusarium Wilt of
Tomatoes. A new race of the tomato fusarium wilt organism
(
Fusarium oxysporum f. sp
lycopersici race 2) has
been found in the pink tomato section of Southeast Arkansas. This organism is a
serious threat to commercial tomato production anywhere in the state. To
prevent the spread of Race 2, or other new races which may hereafter develop,
the following regulations shall apply to all producers of vegetable plants in
Bradley and Drew Counties, and in every county where Race 2 or other new races
may subsequently be found.
The movement of tomato plants within or from the above
described regulated area is prohibited, except when such plants are produced
under inspection of the State Plant Board and in compliance with the following
special regulations:
A. Soil used in
beds, pots, cups, flats, pot-beds and cold frames for plant production, or to
rest containers upon, shall be obtained from areas where tomatoes have not been
grown in the past.
B. Soil and/or
soil-media mixtures shall be decontaminated by one of the following methods
before use in plant production:
1) Methyl
Bromide fumigation (4 pounds per 100 cubic feet of soil for a minimum of 24
hours at 40 degrees F. or above).
a. Bulk soil
shall be confined on a concrete slab or sheet of polyethylene plastic over the
ground surface during fumigation.
b. Bulk soil shall be no more than 12 inches
deep to assure gas penetration.
c.
Holes shall be punched in the soil at 12 inch centers to facilitate gas
penetration.
d. Soil in pot-beds,
coldframes and holding areas shall be loosened as deep as practicable to assure
gas penetration.
e. Fumigation
covers shall be air tight (no holes).
f. Special care shall be taken when removing
the cover to prevent recontamination with untreated soil.
2) Heat sterilization shall be acceptable if
performed according to Extension Service recommendations (Misc. Publication 64,
"Control of Disease and Insect Pests in the Plant Bed").
3) Artificial media (new or unused peat,
perlite, vermiculite, etc.) may be used without decontamination if reasonable
precautions are taken against contamination with untreated soil (i.e., mixing
on sterilized surfaces, etc.).
C. All flats, boxes, pots, cups, tools, etc.,
which have been used in plant production or which have come in contact with
untreated soil must be decontaminated, preferably by Methyl Bromide
fumigation.
D. Plant house interior
surfaces must be decontaminated (all surfaces of benches, timber supports,
heating and ventilating equipment, walls, ceilings, floors, etc.).
1) This shall also apply to surfaces of
coldframes, pot-beds and holding areas.
2) An effective decontaminant spray or drench
may be prepared with 50% commercial Clorox, or with 1 gallon commercial
formaldehyde to 18 gallons water. After using either material, ventilate until
fumes can no longer be detected before growing plants (a few hours to several
days for Clorox, longer for formaldehyde, depending upon conditions).
E. Direct traffic from tomato
fields to plant production areas must not be permitted.
1) Wash hands with soap and decontaminate
shoes with 50% Clorox before entering the plant house, coldframes or holding
areas.
F. Locally grown
seed shall not be planted.
1) A tag or invoice
showing purchase of seed from an established seed firm must accompany
application for inspection.
2) In
cases of dire necessity locally grown seed may be used if hot water treated
(122 degrees F. for 25 minutes). Advance permission must be obtained from
Director of Plant Industry Division.
G. These regulations shall apply in addition
to and do not replace any other regulations now given in "Regulations On Plant
Diseases and Pests" (Circular 11).
7.
Blueberry Nursery Stock. The
production of blueberries is a new and growing industry in Arkansas. Diseases
such as red ringspot, necrotic ringspot, stunt and phytophthora root rot pose a
serious threat to the blueberry industry, especially in its developing stages.
To prevent the spread of these and other diseases by blueberry nursery stock
the following regulations shall apply to all blueberry plants produced in
Arkansas for sale.
A.
Mother
Blocks. All blueberry plants produced in Arkansas shall be grown from
cuttings taken from mother blocks which have been established as prescribed by
these regulations and kept under rigid inspection and rouging by the State
Plant Board. Mother blocks shall be established by one of the following
methods:
1) Transplanting or clearly
designating and setting apart plants which have been inspected and found to be
free of serious diseases, including the above, or
2) Setting plants which have been indexed or
otherwise officially determined to be free of harmful diseases, or
3) Setting plants which have been produced in
an approved official certification program in Arkansas or another state,
or
4) Setting plants which have
been produced from cuttings from an officially approved mother block
established and maintained as set out in these regulations.
5)
New Varieties. When it
appears advantageous to the Arkansas blueberry industry to bring in a promising
new variety which does not qualify for entry under (a) through (d) above,
cuttings, rooted cuttings or plants may be brought into Arkansas and grown in
isolation under inspection, indexing or other testing until officially
determined to be free of harmful insects and diseases. When such official
determination has been made, said plants shall be eligible for the
establishment of mother blocks as in (a) and (b) above.
Proof of origin in the form of affidavits or sales invoices or
certification tags, shall be required for cuttings, rooted cuttings or plants
which are to be used in establishing approved mother blocks if from a source
other than the applicant nurseryman's own blocks.
B.
Mother Blocks:
1) Shall not be fruited for production
purposes.
2) Shall be clearly
designated and set apart from fruiting fields and when possible located where
they will not receive drainage from fruiting fields.
3) Shall be inspected by the State Plant
Board as often as necessary and at optimum times for the detection of such
diseases as red ringspot, necrotic ringspot, other virus diseases, stunt,
phytophthora root rot, fungus cankers, crown gall, and harmful insects and
mites.
a. All obviously diseased or seriously
infested plants found in a mother block shall be removed and destroyed within
10 days of inspection.
b. Plants
suspected of being diseased or infested shall be submitted to the appropriate
department at the University of Arkansas for an official determination. Those
plants officially determined to be diseased or seriously infested shall be
removed and destroyed when such is determined to be necessary.
C.
Production of
Nursery Stock.
1)
Cuttings
taken from a mother block shall be:
a.
Rooted in beds on raised benches or raised gravel to break contact with the
soil. If the bedding medium contains soil or is being reused the medium shall
be fumigated with an approved fumigant according to label directions. Heat
sterilization performed according to directions in Extension Circular 540,
"Control of Diseases and Insect Pests in the Plant Bed," shall be acceptable.
Artificial media (new peat, perlite, vermiculite, washed sand,
etc.) may be used without fumigating or heat treating if reasonable precautions
are taken against contamination.
b.
Rooted in beds located where they will not receive drainage from fruiting
fields or mother plant blocks.
2)
Rooted Cuttings. Rooted
cuttings shall be transplanted to:
a. Fields
which have been fumigated with an approved fumigant according to label
directions, or
b. Containers in
which the growing medium, if it contains soil or is being reused, has been
fumigated or heat treated as in III (a) 1 above. Artificial media (new
peat, perlite, vermiculite, washed sand, etc.) may be used without
fumigating or heat treating if reasonable precautions are taken against
contamination. Used containers shall be decontaminated by washing with 30%
clorox solution before reusing. Containers shall be placed on raised benches or
on raised gravel beds in such manner as to avoid contact of the plants or
containers with contaminated soil or water. Container blocks or field blocks
shall be located where they will not receive drainage from fruiting fields or
mother plant blocks.
3)
Nursery Stock. Blueberry nursery stock when produced as prescribed
herein may be sold as:
a. Cuttings.
b. Rooted Cuttings.
c. Field-grown plants.
d. Container-grown plants.
Proof of origin must be provided to the purchaser if the
cuttings, rooted cuttings or plants are to be used in the establishment of new
mother blocks or for the production of rooted cuttings or container-grown or
field-grown plants for sale.
D.
Application of Regulations.
These regulations shall apply in addition to and do not replace any regulations
covering nursery stock now in effect as covered by Plant Board Circular 11,
"Regulations on Plant Diseases and Pests," nor do they replace or supersede any
requirement of the Arkansas Plant Act or the Arkansas Nursery Fraud
Act.
E.
Fees. The
nursery license and inspection fees described in Circular 11, Section IV shall
apply.
F.
Effective
Date. To avoid penalizing plant production by current methods while
mother blocks are being established, these regulations shall become effective
in two stages. Present plant production practices may be continued until
December 31, 1984, after which date all cuttings shall be taken and started as
prescribed in these regulations. After December 31, 1986 all cuttings, rooted
cuttings and plants produced in Arkansas for sale shall be produced as set
forth in these regulations.
8.
Lythrum Species (Including but not
limited to Purple Loosestrife). All Lythrum species including any hybrid
cross thereof is hereby declared to be a public nuisance and designated a
noxious weed. It is prohibited to transport, buy, sell, offer for sale, or to
distribute Lythrum species inter or intra state. The
planting of plants and/or plant parts including seed is strictly prohibited in
the State of Arkansas.
9.
Rules and Standards For Certification of Certified Blackberry Plants.
The production of blackberry nursery stock is an important industry in
Arkansas. Diseases such as rust, anthracnose, crown gall and viruses, as well
as pests such as cane borers and nematodes pose a threat to the blackberry
nursery industry. To prevent the spread of these problems by nursery stock, the
following certification regulations shall apply to the production and sale of
certified blackberry nursery stock in Arkansas.
I.
Definitions
Board means the Arkansas State Plant Board.
Blackberry means cultivated Rubus
species and related plants that are considered blackberry
botanically.
Cane cutting is a cane section of two or more
nodes or buds (length 4-6 inches) to be transplanted to produce a plant.
Crown is the persistent (perennial) base of the
plant; the junction between canes and roots (some varieties have buds that
arise primarily from the crown).
Director means the director of the State Plant
Board or his duly appointed representative.
Hardwood cutting is taken from a mature woody stem
for the purpose of propagation.
Indicator plant means any herbaceous or woody
plant used to index or determine virus infection.
Indexing is a procedure to determine virus or
other pathogen infection by inoculation from the plant to be tested to an
indicator plant (grafted onto plant to be tested) or by any other approved
method.
Mericlones are plants clonally propagated from a
single meristem tip.
Micropropagation is plant multiplication
in vitro. Blackberry is propagated in tissue culture by
aseptic transfer of meristem tip cultures to produce Nuclear stocks.
Nodal cutting is a cane cutting with a single node
to produce a plant.
One-year-old plants means well rooted plants that
have developed during one growing season.
Primocane (succulent plants) is the current
season's growth that develops from root or basal crown buds.
Root cuttings is a root section with one or more
buds.
Softwood cutting is taken from a green, immature,
actively growing stem of a woody plant during spring or early summer for the
purpose of propagation.
Succulent plant means a small, actively growing
plant that is developing from root buds, not having passed through a dormant
period.
Virus infected (affected) means presence of a
virus (es) or yellows disease agent in a plant or plant part. The word "virus"
shall be used hereafter to include yellows disease.
Virus-like means a disorder of genetic or non transmissible
origin, or a graft-transmissible disorder resembling a virus disease, including
but not limited to diseases caused by viroids and phytoplasmas
II.
Certifying agency issuance of
certificate
A. The issuance of a
certified state of Arkansas plant tag or stamp under this chapter affirms
solely that the tagged or stamped blackberry stock has been subjected to
certification standards and procedures by the department. The Board disclaims
all expressed or implied warranties, including without limitation, implied
warranties of merchantability and fitness for particular purpose, regarding all
plants, and plant materials under this chapter.
B. The Board is not responsible for disease,
genetic disorder, off-type, failure of performance, mislabeling, or otherwise,
in connection with this chapter. No grower, nursery dealer, government
official, or other person is authorized to give any expressed or implied
warranty, or to accept financial responsibility on behalf of the Plant Board
regarding this chapter.
C.
Participation in the blackberry planting stock certification program is
voluntary.
III.
Blackberry certification standards The following specific rules
constitute the requirements and standards for classes and sources of blackberry
certified stock:
Nuclear stock shall be derived from plants that
have been micropropagated, indexed, apparently free from other pests, and
evaluated in field tests for trueness-to-variety. Nuclear stock may exist as
in-vitro tissue culture plantlets or potted plants in a
screened greenhouse. Sources of plants grown as nuclear stock must be approved
by the State Plant Board.
Foundation stock is produced from Nuclear stock
and grown in a greenhouse or screenhouse to exclude insects.
Regi stered stock is produced from Foundation
stock in greenhouse, screenhouse, or field.
Certified stock is produced from Registered stock
in greenhouse, screenhouse, or field.
IV. Requirements for the production of
foundation, registered and certified blackberry stock
A. Facilities (greenhouse, screenhouse,
water, equipment, etc.) for plant production must be approved by the Board
before Foundation stock is procured by the producer.
B. Foundation stock
1. Foundation plants may be maintained
indefinitely if grown in an insect-proof facility (greenhouse), in sanitized
substrate, and indexed every three years by the United States Department of
Agriculture or other personnel approved by the Board.
2. Growers may use micro-propagation
techniques to multiply foundation plants prior to planting in a foundation
greenhouse provided the micro-propagated plants are isolated from other
non-indexed blackberry plants, and the micro-propagation facilities are
approved by the Board.
3. In
greenhouse or screenhouse, Foundation plants shall be produced in separate
sanitized containers with labeling of cultivar name and lot number (if
applicable).
4. Non-certified
Rubus species must not exist within 152 meters (500 feet) of
the perimeter of the greenhouse. Weeds that host disease of major concern must
be controlled within 152 meters (500 feet) of the perimeter of the greenhouse.
Insects that vector diseases of major concern should be controlled in isolation
areas.
5. Non-certified
Rubus species must not exist within the greenhouse or
screenhouse.
6. Blossoms shall be
removed before the blossoms open.
C. Registered stock
1. Registered plants may be maintained
indefinitely if grown in an insect-proof facility (greenhouse), in sanitized
substrate, and indexed every three years.
2. In greenhouse or screenhouse, Registered
plants shall be produced in separate sanitized containers with labeling of
cultivar name and lot number (if applicable).
3. Non-certified Rubus
species must not exist within 152 meters (500 feet) of the perimeter
of the greenhouse. Weeds that host disease of major concern must be controlled
within 152 meters (500 feet) of the perimeter of the greenhouse. Insects that
vector diseases of major concern should be controlled in isolation
area.
4. Non-certified
Rubus species must not exist within the greenhouse or
screenhouse.
5. For field
production, soil treatment is required with an approved method (ex. solid soil
fumigation with methyl bromide + chloropicrin). Weeds that host diseases of
major concern will be controlled. Insects that vector diseases of major concern
should be controlled in isolation area.
6. Non-certified Rubus
species must not exist within 152 meters (500 feet) of the perimeter
of the field used to produce certified blackberry stock. Each lot and/or
different cultivars are labeled and separated by a distance of 4.25 meters (14
feet) or a physical barrier that prevents intermingling of roots.
7. Field produced Registered stock shall not
be harvested beyond one year.
8.
Blossoms shall be removed before the blossoms open.
C. Certified stock
1. Certified plants may be maintained
indefinitely if grown in an insect-proof facility (greenhouse),in sanitized
substrate, and indexed every three years.
2. In greenhouse or screenhouse, Certified
plants shall be produced in separate sanitized containers with labeling of
cultivar name and lot number (if applicable).
3. Non-certified Rubus
species must not exist within 152 meters (500 feet) of the perimeter
of the greenhouse. Weeds that host disease of major concern must be controlled
within 152 meters (500 feet) of the perimeter of the greenhouse. Insects that
vector diseases of major concern should be controlled in isolation
area.
4. Non-certified
Rubus species must not exist within the greenhouse or
screenhouse.
5. For field
production, soil treatment is required with an approved method (ex. solid soil
fumigation with methyl bromide + chloropicrin). Weeds that host diseases of
major concern will be controlled. Insects that vector diseases of major concern
should be controlled in isolation area.
6. Non-certified Rubus
species must not exist within 152 meters (500 feet) of the perimeter
of the field used to produce certified blackberry stock. Each lot and/or
different cultivars are labeled and separated by a distance of 4.25 meters (14
feet) or a physical barrier that prevents intermingling of roots.
7. Field-produced Certified stock shall not
be harvested beyond one year.
8.
Blossoms shall be removed before blossoms open.
D. Documentation of soil treatments and use
of plant protectants shall be made available to the Board.
E. A map identifying cultivars and lots must
be provided to the Board.
V. Inspections
A. Greenhouse/Screenhouse
1. Grower will regularly inspect plants. All
plants that are symptomatic of disease will be removed and destroyed. The
grower will keep a logbook recording cultivar and number of destroyed plants
and make it available to Board inspectors.
2. Grower will inspect in and around the
greenhouse perimeters to ensure isolation standards are being met.
3. Board inspectors must inspect and approve
any greenhouse that has not been used for successful production of indexed
blackberry plants.
4. During the
production of certified plants, Board inspectors will do at least one
inspection during the growing period when plants are likely to express symptoms
of virus infection, crown and cane gall infections and other disorders. The
Board may conduct additional inspections if deemed necessary.
5. All plants that are of off-types, crown
gall infected, virus infected, or exhibiting virus-like symptoms during
inspections will be flagged by Board inspectors.
6. Grower will remove all flagged plants
immediately after inspection by the Board inspector.
Effective roguing techniques must include removing the
undesirable plant and all of its roots.
B. Field
1.
The grower should inspect fields regularly during the growing season and rogue
all plants with symptoms of disease, etc. The Board should be informed if any
problems are found.
2. The Board
inspector will perform three inspections of fields for certified plant
production;
1) first inspection during April,
2) second inspection during
July,
3) third inspection during
October. Additional inspections may be performed if deemed necessary.
3. All plants that are of
off-types, crown gall infected, virus infected, or exhibiting virus-like
symptoms during inspections will be flagged by Board inspectors.
4. Grower will remove all flagged plants
immediately after inspection by the Board inspector. Effective roguing
techniques must include removing the undesirable plant and all of its roots as
well as all the plants and plant parts within ten feet of the undesirable
plant.
VI.
Inspection standards
A. Greenhouse, General
Requirements
1. Unit of certification shall
be the entire greenhouse.
2.
Isolation: Non-certified Rubus species must not exist within
the greenhouse. Non-certified Rubus species must not exist
within 152 meters (500 feet) of the perimeter of the greenhouse. Weeds that
host disease of major concern must be controlled within 152 meters (500 ft) of
the perimeter of the greenhouse. Insects that vector diseases of major concern
should be controlled in isolation area.
B. Field, General Requirements
1. Unit of certification shall be the field
or a portion of field. Any portion of the field that does not meet inspection
standards may be delimited if it will not jeopardize the remainder of the
field.
2. Isolation: Non-certified
Rubus species must not exist within 152 meters (500 feet) of
the certified plants. Weeds that host diseases of major concern must be
controlled within 152 meters (500 feet) of the certified plants. Insects that
vector diseases of major concern should be controlled in isolation
area.
C. Specific
Greenhouse and Field Tolerance, maximum % of factor
|
Factor
|
Foundation Stock
|
Registered Stock
|
Certified Stock
|
|
Anthracnose
|
0
|
2.0
|
5.0
|
|
Crown and cane gall
|
0
|
0.1
|
1.0
|
|
Nematodes
|
0
|
0.05
|
0.1
|
|
Rust, systemic
|
0
|
0
|
0
|
|
Virus diseases
|
0
|
0.05
|
0.5
|
|
Other diseases
|
0
|
0.2
|
0.5
|
|
Varietal mixture
|
0
|
0
|
0
|
|
Root, cane or crown inhabiting
insects
|
0
|
0.05
|
0.1
|
VII.
General requirements for
plantsA. Growers may sell Foundation,
Registered or Certified stock as certified plants.
B. An official certificate will accompany
each sale of certified Blackberry plants or stock. This certificate will list
the viruses indexed and other details. Each container/plant will be labeled
with variety and certification information.
C. A complete record of the number of
certified Blackberry plant/stock sales will be maintained and made available to
the official certifying agency. The record will include (a) class, (b)
cultivar, (c) date of shipment, (d) number of plants or stock
shipped.
D. General Inspection
Standards for Plants:
1. Apparently free of
biotic and abiotic diseases, insects, and other pests.
2. True-to-variety characteristics.
3. Good leaf color and plant size.
4. Satisfactory plant size to meet the
expectations of the customer.
5.
Plants will not be shipped with non-certified plants.
VIII.
Blackberry
certification feesA. Blackberry
certification application fee. Applicant will be required to obtain a valid
Nurserymans license and pay the required fees as prescribed for the Nurseryman
category. The blackberry certification application and fee is in
addition to the Nurseryman fee. The certification fee is assessed
for the sole purpose of defraying expenses incurred in the additional
inspection and certification requirements protocol. The applicant must furnish
all information requested on the Application for Inspection Form and must allow
the inspector to take samples of plants or plant parts from any certified
planting for inspection and testing purposes. A separate application is
required and a $50.00 fee shall be paid for each cultivar/variety unit entered
for certification. Each lot or field of each cultivator shall be listed
separately on the application. Application for certification inspection for the
following year must be filed with the Arkansas State Plant Board, Post Office
Box 1069, Little Rock, Arkansas 72203 by Oct. 31, accompanied by
the appropriate fees.
B. A grower
desiring to produce certified blackberry plants as herein provided shall
establish with the
Board facts evidencing sufficient experience to produce
healthy, high quality stock.
C. The Board will remove any applicant
failing to renew certification by the designated due date of the certification
program. Failure to pay fees by the designated due date shall also result in
removing the applicant from the certification program.
D. The Board will not accept applications
from growers owing the Board for previous services.
IX.
Certified planting stock
pre-marketing, identification and grade
A. All blackberry planting stock meeting the
requirements of this chapter can be identified by the State Plant Board tag or
stamp issued under by the Board.
B.
All containers must be new and marked with the name and address of the grower,
class of certified stock, variety and lot number.
C. The quality and grading of the stock is
the responsibility of the grower.
X.
Blackberry tagging or stamping and
plant inspectionA. "Certified" stock
shall be identified with the state of Arkansas official certified blackberry
plant tag or stamp under the supervision of the Board after plants have passed
inspection.
B. Only plants meeting
Arkansas standards for blackberry plants shall be tagged or stamped.
C. All containers shall be marked with the
name and address of the grower, grade or class of stock, and variety.
XI.
Application of
regulations. This certification program is strictly voluntary and these
regulations shall apply in addition to and do not replace any regulations
covering nursery stock now in effect as covered by Plant Board Circular 11,
"Regulations on Plant Diseases and Pests", nor do they replace or supersede any
requirement of the Arkansas Plant Act of 1917, A.C.A.
2-16-201 thru 214 or the Arkansas
Nursery Fraud Act of 1919, A.C.A.
2-21-101 thru 113.
11.
RULES AND
REGULATIONS FOR THE ARKANSAS BOLL WEEVIL ERADICATION PROGRAM
Section I Purpose. Pursuant to Ark. Code Ann.
§
2-16-605, the purpose of these
rules is to develop and establish procedures for the eradication of Boll Weevil
within and applying uniformly to the whole State of Arkansas, to establish per
acre annual Assessments that offset program costs, to provide procedures for
the collection of such Assessments, to specify conditions for the movement of
regulated articles, and to provide penalties for violations of these
rules.
Section II
Declaration of Boll Weevil as a Plant Pest. Pursuant to Ark. Code Ann.
§
2-16-602(a), the
Boll Weevil (Anthonomus grandis
Boheman) is declared to be a plant pest and a nuisance, as is any
plant or other regulated article infested therewith or that has been exposed to
infestation and is likely to lead to additional infestation.
Section III
Definitions. For the
purpose of these rules, the following definitions shall apply:
1. " APHIS" means United States Department of
Agriculture, Animal and Plant Health Inspection Service.
2. "Arkansas Cotton Grower's Organization,
Incorporated, d/b/a Arkansas Boll Weevil Eradication Foundation" means the
nonprofit organization comprised of Arkansas Cotton Growers to provide guidance
and assist in policy decisions during the eradication program, and certified by
the Plant Board pursuant to Ark. Code Ann. §
2-16-612.
3. "Assessment" means the amount charged to
each Cotton Grower to finance, in whole or part, a program to suppress or
eradicate the Boll Weevil in this state and calculated on a per-acre basis
pursuant to Ark. Code Ann. §
2-16-614(b).
4. "Boll Weevil" means
Anthonomus grandis
Boheman in any
stage of development.
5. "Boll
Weevil Eradication Program" means the program initiated under Ark. Code Ann.
§
2-16-601
et
seq.
6. "Certificate"
means a document issued or authorized by the Plant Board indicating that a
regulated article is not contaminated with Boll Weevils.
7. "Grower's Compliance Certificate" means a
document issued or authorized by the Plant Board indicating that a Cotton
Grower has complied with the requirements of these rules and the Cotton
Grower's cotton may be ginned in Arkansas.
8. "Compliance Agreement" means a written
agreement required between the Plant Board and any person engaged in growing
cotton, dealing in, or moving regulated articles wherein the latter agrees to
comply with specified provisions to prevent dissemination of the Boll
Weevil.
9. "Cotton" means any
cotton plant or cotton plant product upon which the Boll Weevil is dependent
for completion of any portion of its life cycle.
10. "Cotton Grower" means any person, other
than a cash rent landlord, who is engaged in or has as economic risk in the
business of producing, or causing cotton to be produced, for market.
11. "Eradication Zone" means a geographical
area designated by the Plant Board in which the Boll Weevil Eradication
Programs will be undertaken and managed pursuant to Ark. Code Ann. §
2-16-610.
12. "Exposed" means any area or location
subjected to Boll Weevil infestation.
13. "FSA" means Farm Service Agency
14. "Gin Trash" means all waste material
produced during the cleaning and ginning of seed cotton. It does not include
the lint, cottonseed, or gin waste.
15. "Gin Waste" means all forms of
unmanufactured cotton fiber (including gin motes) produced at cotton gins,
other than baled cotton lint.
16.
"Infested" means actually infested with a Boll Weevil or so exposed to
infestation that it would be reasonable to believe that an infestation
exists.
17. "Inspector" means any
employee of the Plant Board or any other person authorized by the Plant Board
to enforce the provision of these rules.
18. "Non-Commercial Cotton" means cotton
intended for any purposes other than sale or scientific purposes under Section
XII of these rules.
19. "Permit"
means a document issued or authorized by the Plant Board to provide for the
movement of regulated articles to restricted designation for limited handling,
utilization, or processing.
20.
"Person" means any individual, partnership, corporation, company, society, or
association, or other business entity.
21. "Plant Board" means the Arkansas State
Plant Board, which is the agricultural plant regulatory agency of the State of
Arkansas.
22. "Quarantine Area"
means any portion of the State of Arkansas designated as such pursuant to Ark.
Code Ann. §
2-16-609.
23. "Regulated Area" means any portion of an
eradication zone designated for any purpose necessary to the execution of the
Boll Weevil Eradication Program.
24. "Regulated Article" means any article of
any character carrying or capable of carrying the Boll Weevil, including, but
not limited to, cotton plants, seed cotton, cottonseed, other hosts, gin trash,
gin equipment, mechanical cotton pickers, and other equipment associated with
cotton production, harvesting, or processing.
25. "Seed Cotton" means cotton as it comes
from the field prior to ginning.
26. "Shipment or Shipments" means the items
to be transferred or moved, or the act or process of transferring or moving
items from one point to another.
27. "USDA" means the United States Department
of Agriculture.
28. "Used Cotton
Equipment" means any equipment used previously to harvest, strip, transport or
process cotton.
29. "Waiver" means
a written authorization which exempts a Person or any organization from
compliance with one or more requirements of these rules.
Section IV
Eradication Zones.
The eradication zones for the State of Arkansas are defined as
follows:
Southwest Zone shall consist of the following
counties: Bradley, Calhoun, Clark, Cleveland, Columbia, Dallas, Garland, Grant,
Hempstead, Hot Springs, Howard, Lafayette, Little River, Miller, Montgomery,
Nevada, Ouachita, Pike, Polk, Saline, Scott, Sevier, and Union.
Southeast Zone shall consist of the following
counties: Arkansas, Ashley, Chicot, Conway, Crawford, Desha (that portion lying
south of the Arkansas river), Drew, Faulkner, Franklin, Jackson, Jefferson,
Johnson, Lincoln, Logan, Lonoke, Perry, Phillips, Pope, Prairie, Pulaski,
Sebastian, St. Francis, Woodruff, and Yell.
Central Zone Area 1shall consist of the following
counties: Baxter, Benton, Boone, Carroll, Cleburne, Desha (that portion lying
north of the Arkansas river), Fulton, Izard, Lawrence, Lee, Madison, Marion,
Monroe, Newton, Poinsett ((that portion lying east of the St. Francis River
(administered as central zone but operationally handled as part of the
Northeast Ridge zone)), Randolph, Searcy, Sharp, Stone, Van Buren, Washington
and White.
Central Zone Area 2 shall consist of the following
counties: Crittenden, Cross, and Independence.
Northeast Ridge Zone shall consist of the
following counties: Clay, Craighead (that portion lying west of the St. Francis
river), Green and Poinsett (that portion lying west of the St. Francis
river.)
Northeast Delta Zone shall consist of the
following counties: Craighead (that portion lying east of the St. Francis
river) and Mississippi.
Zones have been designated in accordance with the Boll Weevil
Eradication and Suppression Act (Ark. Code Ann. §§
2-16-601
et
seq.)
Section V
Submission of Reporting Forms, Assessments, Penalties for Late
Payment,
Cotton Destruction, and Exemptions.
1. Pursuant to Ark. Code Ann. §
2-16-608, upon passage of the
grower referendum, all Cotton Growers in the eradication zones shall be
required to participate in the eradication program as set forth herein.
Pursuant to Ark. Code Ann. §
2-16-610, where mandated, all
Cotton Growers in an eradication zone shall be required to participate in the
eradication program as set forth herein.
2.
Cotton Acreage
Reporting. Each Cotton Grower shall submit annual cotton acreage
reporting information, listing the acreage and location of all cotton being
grown by the Cotton Grower in this state. Personnel of the Cotton Grower's
Organization will be responsible for determining by use of global positioning
systems or other appropriate technology the exact amount of acreage planted by
individual growers.
3. Cotton
Acreage. Cotton Growers shall report their cotton acreage to the Plant Board,
or its designated agent, each year in which field operations of the Boll Weevil
Eradication Program are in effect in their eradication zone ("Cotton
Acreage"). The Plant Board may formulate and institute a method of
assessing and collecting the fees associated with the Cotton Acreage. Any
Cotton Grower who fails to file the Cotton Acreage report in the manner
prescribed by the Plant Board shall be subject to a penalty of up to Three
Dollars ($3.00) per acre. Failure to pay the cotton acreage assessment could
result in late payment fees of Three Dollars ($3.00) per acre if payment is not
received by the deadline set by the invoice.
4. Assessments. The per acre Assessment shall
be as determined by the applicable referendum or by action of the State Plant
Board. The per acre Assessment payable by the
Cotton Grower shall be based on the Cotton Grower's Cotton
Acreage report. As of the date of these rules, the Assessment for each
eradication zone may be or have been up to the amounts shown below.
|
Southwest
|
Southeast
|
Central 1
|
Central 2
|
NE Ridge*
|
NE Delta
|
|
Year 1
|
$15.00
|
$15.00
|
$15.00
|
$15.00
|
$10.00
|
$8.00
|
|
Year 2
|
$35.00
|
$35.00
|
$30.00
|
$25.00
|
$25.00
|
$14.00
|
|
Year 3
|
$35.00
|
$30.00
|
$35.00
|
$30.00
|
$24.00
|
$14.00
|
|
Year 4
|
$25.00
|
$35.00
|
$35.00
|
$30.00
|
$24.00
|
$TBD
|
|
Year 5
|
$20.00
|
$35.00
|
$35.00
|
$30.00
|
$22.00
|
$TBD
|
* NE Ridge Zone (E. Poinsett assessment is same as
NE Ridge but instituted a year later.)
During the years (the maintenance period) following the years
specified above, the per acre annual Assessment in the Southwest Zone shall not
exceed $10 per acre, and the per acre annual assessment in the Southeast and
Central Zones shall not exceed $12 per acre. Maintenance assessments in the NE
Ridge zone shall not exceed $8 per acre. Establishment of a maintenance program
in the N E Delta zone will be determined at the end of the eradication
program.
Upon recommendation of the Arkansas Cotton Grower's
Organization, Inc., the Plant Board may adjust the annual Assessments within
the limits allowed by the referendum then in effect. By Plant Board action, the
assessment fee in the NE Delta Zone is established to be equal to the fees of
the adjacent zones. Future adjustments may be made at the time and in the
manner determined by the Plant Board to be in the best interest of the Boll
Weevil Eradication Program. In making such adjustments, the Plant Board may
consider facts and information it determines to be relevant, including, but not
limited to, climate and environmental conditions, finances and the overall
state of the cotton industry.
5.
Collection of Assessments. Assessments shall be
payable by the Cotton Grower in one (1) installment, as provided below:
(a) The payment shall be paid by the payment
date established by the appropriate invoice. The payment shall be an amount
equal to the Cotton Grower's Cotton Acreage multiplied by the per acre
assessment fee or such amount as is established by the appropriate invoice. All
Cotton Growers shall make such payments payable to "Arkansas State Plant Board"
and deliver the payment to the Plant Board, or its designated agent, no later
than the payment date established by the invoice, of each year in which such
Assessments are payable. Cotton Growers who fail to make the payment by the
payment date established by the invoice, shall be subject to a
penalty of up to Three Dollars ($3.00) per acre for unpaid acreage, based on
planted cotton acreage.
(b) An
Assessment will be paid by one person. That person, the producer (the person
responsible for planning, managing and/or performing the cultural practices
associated with producing the crop), or their respective attorney-in-fact,
shall execute the applicable reports prescribed by these rules. All billing
information must be provided, by producers, to County FSA offices as the
producers certified planted acreage report. The producer is responsible for
insuring that information delivered to the Plant Board is correct. The Producer
is held ultimately responsible for payment of the assessment and will be
subject to appropriate penalties and late fees if assessments are not received.
Grower's Compliance Certificates, described below, shall not be issued until
the entire Assessment, and any applicable penalty, is paid as
required.
(c) In the event a Cotton
Grower fails to pay Assessments and/or penalties as required under these rules,
pursuant to Ark. Code Ann. §
2-16-617(c) and (d)
(2), the Plant Board may file a lien with the
appropriate county office and the Arkansas Secretary of State on the cotton,
subject to such assessments and penalties, and on the Cotton Grower's
subsequent cotton crops until all such amounts are paid in full.
6.
Cotton
Destruction. Pursuant to Ark. Code Ann. §§
2-16-610(e) and
2-16-617(a), any
Cotton Grower who fails to pay all Assessments and/or penalties within thirty
(30) days after notice from the Plant Board shall, upon direction of the Plant
Board, destroy all cotton plants in which the Cotton Grower has an interest and
which are subject to Assessment. Any such cotton plant not destroyed shall be
deemed a public nuisance. The Plant Board may apply to any court of competent
jurisdiction for the issuance of a judgment and order for condemnation and
destruction of the nuisance. The Cotton Grower shall be liable for all court
costs, fees, and other expenses incurred in any action taken under this
paragraph 9.
7.
Grower's Compliance Certificate. Pursuant to Ark. Code
Ann. §
2-16-617(d), no
gins in the State of Arkansas shall gin any cotton grown in an eradication zone
in which field operations of the Boll Weevil Eradication Program are in effect,
or from any other state, unless and until that Cotton Grower files with the gin
a Grower's Compliance Certificate issued by the Plant Board certifying that
said Cotton Grower has paid all fees, Assessments, penalties, and costs imposed
and required pursuant to §
2-16-601 et seq., as amended, or
proof of exemption there from as provided in paragraph 12 below. It is the
responsibility of each Cotton
Grower to procure a Grower's Compliance Certificate for the
crop year for each FSA farm number on which cotton is planted, or proof that an
exemption for compliance has been granted from the Plant Board. The Cotton
Grower must file the Grower's Compliance Certificate with their gin each crop
year.
8.
Ginner's Penalty. Any gin that gins cotton for any
Cotton Grower who has not filed a current valid Grower's Compliance Certificate
or proof of exemption issued by the Plant Board shall be subject to a penalty
in the amount of $50.00 per bale for each bale ginned for such non-complying
Cotton Grower. This provision does not prohibit the movement of seed cotton
within the State of Arkansas for protection from loss or efficient storage
prior to ginning.
9.
Exemption Due to Hardship. Pursuant to Ark. Code Ann.
§
2-16-617(e),
Cotton Growers may apply for exemption from payment of any Assessment or
penalty imposed by these rules, on the basis that such payment will impose
undue financial hardship on the Cotton Grower. Criteria for hardship may
include, but are not limited to, (a) late or unavailable financing through no
fault of the Cotton Grower, (b) regional economic conditions, and (c) regional
climate/environmental conditions.
Any Cotton Grower who wishes to request an exemption from
payment of the Assessment or the penalty or both shall apply for the exemption
on forms prescribed by the Plant Board. Except for instances beyond the control
of the Cotton Grower, the application for this exemption must be received by
the Plant Board at least thirty (30) days before the due date of the Assessment
for which exemption is requested. A separate application must be filed for each
calendar year for which the Cotton Grower seeks an exemption. Each such
application shall contain information on which the Cotton Grower relies to
justify an exemption on the basis of undue financial hardship. In the event the
application for exemption is not filed within the time prescribed herein, the
application shall include information that describes the circumstances that
prevented a timely filing. The application form shall include an oath or
affirmation of the applicant as to the truth of all information contained in or
accompanying the application.
The Plant Board shall forward each completed exemption
application form and any information accompanying the form to the Arkansas
Cotton Grower's Organization, Inc. The Arkansas Cotton Grower's Organization,
Inc. shall determine whether each applicant qualifies for a hardship exemption
based on the information contained in or accompanying the application form. If
the Arkansas Cotton Grower's Organization, Inc. determines that the payment of
the Assessment or the penalty or both would impose undue financial hardship on
a Cotton Grower who has applied for an exemption, the Arkansas Cotton Grower's
Organization, Inc. may (1) exempt the Cotton Grower from payment of the
Assessment or the penalty or both, or (2) permit the Cotton Grower to pay the
Assessment or penalty or both on an installment payment plan and prescribe the
payment schedule.
Upon making a determination on any application for exemption,
the Arkansas Cotton Grower's Organization, Inc. shall notify the Plant Board of
its determination, which shall be binding on the applicant. The Plant Board
shall then promptly notify the affected Cotton Grower in writing of the
determination. If an exemption is denied, the Assessment and penalties for the
year in which the application is made will be due at the time they would
otherwise have been due if the application had not been filed, or within thirty
(30) days after the date of the notice of the determination, whichever is
later.
10.
Penalties. The Plant Board shall assess Cotton Growers
penalties for failure to comply with the reporting and/or payment requirements
of these Regulations. Penalties are payable in full to the Arkansas State Plant
Board within thirty (30) days of the date of the penalty assessment. Any such
penalties assessed must be paid before the Plant Board may issue a Grower's
Compliance Certificate under Section V, Paragraph 7 of these Regulations.
Penalties must be paid as provided herein even if the Cotton Grower appeals the
penalty under subparagraph 11 below.
11.
Appeal of
Penalties. Unless specifically provided for elsewhere in these
rules, any person (Cotton Grower, gin or otherwise) assessed a penalty under
these rules may appeal the penalty assessment to the Plant Board within thirty
(30) days of the date of the penalty assessment. Such appeal must include all
information upon which the appealing party bases its appeal. The Plant Board
Director may revoke, modify, or affirm the penalty and shall rule on the appeal
within forty-five (45) days of the Plant Board's receipt of the appeal. The
Director's ruling shall be in writing and mailed to the appealing party via
first class United States mail. Any refunds due on the penalty assessment shall
be paid promptly in compliance with the applicable fiscal rules and
regulations. The Director may seek the recommendation of the Arkansas Cotton
Grower's Organization on any appeals under this Paragraph 11. Provided,
however, any such recommendation from the Arkansas Cotton Grower's Organization
shall not be binding on the Plant Board Director.
12.
Limit on
Penalties. Section V provides for various penalties in connection
with reporting acreage and paying assessments, each of which is a separate
violation and cause for penalty. Notwithstanding the type of penalties imposed
under Section V, the total amount of penalties assessed against a particular
Cotton Grower shall not exceed $15.00 per acre of cotton for the crop year and
acreage in issue.
Section
VI
Cotton Stalk Destruction Incentive. If during the
Boll Weevil
Eradication Program seasonal growing conditions promote early
maturation and harvesting of cotton in Arkansas, the Plant Board may, upon
recommendation from the Arkansas Cotton Grower's Organization, Inc., establish
a per acre incentive credit for early stalk destruction. Such incentive credit
shall be applied to the Cotton Grower's Assessment for the following year. In
the event a Cotton Grower's Certified Acreage in the following year is not
sufficient to fully consume the incentive credit in such following year, the
Cotton Grower may apply to the Plant Board for a refund of the unused incentive
credit, using forms prescribed by the Plant Board. The rate per acre of any
such incentive credit, whether uniform for the entire State, or variable, shall
be established and made available to all participating Cotton Growers no later
than September 1 of the current growing year. No incentive credit established
under this paragraph shall be credited or paid to the Cotton Grower by the
Plant Board until the date of the Cotton Grower's stalk destruction has been
confirmed to the Plant Board by eradication program personnel.
Section VII
Planting Cotton
in the Eradication Zone.
1.
Prohibited Planting. Pursuant to Ark. Code Ann. §
2-16-610(b)(1),
the Plant Board may prohibit the planting of cotton in designated areas where
Boll Weevil eradication treatments cannot be effectively or legally applied due
to factors concerning the public welfare if determined by the Plant Board that
planting cotton jeopardizes the success of the program (Prohibited Planting
Area). The Plant Board shall identify all Prohibited Planting Areas no later
than March 1 of each year. Notice of the Prohibited Planting Area shall be
published in a local newspaper of general circulation covering the Prohibited
Planting Area at least once a week for four (4) consecutive weeks in the month
of March. In the event a Prohibited Planting Area is not designated by March 1
of the year in issue, the Plant Board's purchase or destruction of cotton shall
be in accordance with Section IX below.
2.
Notice of
Destruction. Pursuant to Ark. Code Ann. §
2-16-611(b), the
Plant Board may by written order require the destruction of cotton planted in a
Prohibited Planting Area after publication of the first notice required in
paragraph 1 above. Said order shall be delivered to the Cotton Grower via
certified United States mail. The order shall identify the cotton to be
destroyed by Township, Range, and Section, or portion thereof. The order shall
specify the date by which the Cotton Grower must destroy the crop at the Cotton
Grower's expense, which date shall be at least ten (10) calendar days after the
date of the order. The order shall further state that in the event the Cotton
Grower does not destroy the cotton by the specified date, the Plant Board will
destroy the cotton and assess the cost of destruction against the Cotton
Grower. The Assessment under this section shall be payable within thirty (30)
calendar days after destruction and shall be treated as any Assessment for
purpose of enforcing these rules. Provided, however, the Cotton Grower may
appeal an order under this paragraph to the Director of the Plant Board. The
appeal must be received by the Plant Board within ten (10) calendar days of the
date of the order. The Director of the Plant Board shall issue an order on the
appeal within ten (10) calendar days of the Plant Board's receipt of the
appeal.
3.
Non-Commercial Cotton. Non-commercial cotton shall not
be planted in an eradication zone in which field operations of the Boll Weevil
Eradication Program are in effect without a waiver issued in writing by the
Plant Board. Application for a waiver shall be submitted in writing and the
Plant Board's decision to grant or deny the waiver may be based on the
following:
(a) Location of growing
area;
(b) Pest conditions in the
growing area;
(c) Size of the
growing area;
(d) Accessibility of
the growing area; and
(e) Any
stipulations set forth in a compliance agreement between the applicant and the
Plant Board that are necessary to the Boll Weevil Eradication
Program.
Section
VIII
Treatment of Boll Weevil in the Eradication Zones.
The eradication of the Boll Weevil in an eradication zone shall be in
accordance with the USDA National Boll Weevil Cooperative Control Program and
shall be executed by the Plant Board and the Arkansas Cotton Grower's
Organization, Inc., with the assistance of the USDA Animal and Plant Health
Inspection Service. The Final Environmental Impact Statement, dated 1991,
issued by the USDA Animal and Plant Health Inspection Service for the National
Boll Weevil Cooperative Program is incorporated into these rules.
Section IX
Purchase of Cotton for
Effectuation of Program Objectives. Pursuant to Ark. Code Ann. §
2-16-611(a), in
the event Prohibited Planting Areas are not identified by the date prescribed
in Section VII above, or the Plant Board otherwise determines it to be in the
best interest of the Boll Weevil Eradication Program, the Plant Board or the
Arkansas Cotton Grower's Organization, Inc. may purchase growing cotton. The
Arkansas Cotton Grower's Organization, Inc. shall determine the purchase price
for such cotton. After such purchase, the Plant Board may manage or dispose of
the purchased cotton as it determines best. If the Cotton Grower objects to the
purchase price determined by the Arkansas Cotton Grower's Organization, Inc.,
the Cotton Grower may appeal the determination to the Plant Board within 15
days of the date of such determination. Such appeal must include all
information upon which the appealing Cotton Grower bases its appeal. The Plant
Board Director shall rule on the appeal within thirty (30) days of the Plant
Board's receipt of the appeal. The Director's ruling shall be in writing and
mailed to the Cotton Grower and the Arkansas Cotton Grower's Organization, Inc.
via first class United States mail.
Section
X
Quarantine. Establishing
Quarantine. In carrying out the purpose of these rules, the Plant
Board may designate a quarantine area in accordance Ark. Code Ann. §
2-16-609.
Section XI
Issuance of Certificates and
Compliance Agreements, Cancellations,
Attachments and Cotton Gin Certificates.
Certificates may be issued for the movement of regulated articles from,
into or through a regulated area, as determined to be necessary by the Plant
Board.
Section XII
Scientific
Purposes. All cotton planted within the state of Arkansas
notwithstanding the size of the acreage or plant is subject to the coverage of
these rules, provided, however, the Plant Board may designate experimental
areas for experiments designed to contribute to the development of scientific
knowledge deemed of importance to the production of cotton. Cotton Growers in
designated experimental areas and affected thereby, may be exempted from
specified requirements of these rules, provided, however, that such Cotton
Growers abide by a Compliance Agreement applicable to the experimental
areas.
Section XIII
Entry of
Authorized Personnel Upon Properties. Pursuant to Ark. Code Ann. §
2-16-607(b), Plant
Board personnel are authorized to inspect any fields or premises and any
property located therein or thereon for the purpose of determining whether such
property is infested with the Boll Weevil. Such inspections must be conducted
between sunrise and sunset. Such inspections include, but are not limited to,
taking of specimens, examining and obtaining records, and applying or
supervising treatments to the soil, plants or any regulated articles. This may
include removal and destruction of plants, plant parts, or other regulated
articles.
Section XIV
Restricting Access to Eradication Zone and Regulated Area. Pursuant to
Ark. Code Ann. §
2-16-605, the Plant Board may issue
rules that restrict entry by unauthorized persons or any other activities
affecting, or affected by, the Boll Weevil Eradication Program on any premises
in an eradication zone or in any regulated area.
12.
FOREST TREE SEEDLING
FUMIGATION.
1) All forest tree
seedlings shall meet the requirements of all applicable state and federal plant
pest quarantines.
2) All certified
tree seedlings offered for sale or imported under permit into the State of
Arkansas shall meet the following requirements:
a. Seedlings shipped within and into the
state used for aforestation and reforestation shall be healthy vigorous stock
and must be apparently free of injurious plant pests, including but not limited
to infectious diseases, nematodes, insects, and quarantined pests.
b. To aid in ensuring apparent freedom from
injurious plant pests, the grower shall make appropriate use of approved
pesticides or other alternate practices during the growing of planting stock.
This includes, but is not limited to, a pre-sowing tarped soil application of
methyl bromide.
c. All plants shall
be field inspected by the state plant inspector prior to the initiation of
lifting operations.
13.
REGULATIONS FOR THE PRODUCTION OF
RICE HAVING COMMERCIAL IMPACT
These regulations are established to carry out the provisions
as specified in Act 1238 (An Act to Assign To The Arkansas State Plant Board
Specified Powers, Duties and Responsibilities, Including The Duty To Develop
And Enforce Regulations Relating To Rice Identified As Having Characteristics
Of Commercial Impact; And For Other Purposes.)
I. Definitions.
a. Rice - plants and grain from plants of the
genus Oryza.
b.
Characteristics of Commercial Impact -Characteristics that may adversely affect
the marketability of rice in the event of commingling with any other rice and
includes, but is not limited to those characteristics:
(A) That cannot be identified without the aid
of specialized equipment or testing;
(B) That create a significant economic impact
in their removal from commingled rice; and
(C) Whose removal from commingled rice is not
feasible.
c. Commingle -
the mixing of two or more quantities of grain that have different
characteristics. These characters may or may not have direct commercial value
but may have an effect on the commercial value of the total commingled
lot.
d. Characteristic -a chemical
component (including the plant DNA), physical appearance, physical structure or
other ingredient that could adversely affect the production and marketing for
potential profit by persons involved in crop production.
e. Producer - a person, corporation,
partnership, association or other legal entity involved in the production of a
crop for the purpose of placing the harvest of that crop in commerce.
f. State Plant Board - the agency charged
with developing and enforcing regulations relative to, but not limited to,
matters affecting agricultural plant production.
g. Certification - in the context of these
regulations, shall mean the approval of specific varieties, strains, selections
or lots of rice for production in the state. h. Scientific Review Committee - a
group of individuals each of whom is known by the
Plant Board Director to have knowledge of scientific,
industrial or business elements that would aid in the evaluation of the
material under consideration.
i. Research - activities that involve growing
rice plants, harvesting rice grain and/or performing chemical, mechanical or
other pertinent operations on the plants and/or grain in order to accurately
measure/define/develop the characteristics exhibited by the material.
II. Product Ownership a. Ownership
of the characteristic with commercial impact must be declared in documents
filed with the Plant Board. The appropriate forms for making such declaration
will be provided by the Plant Board. All regulatory activities will be handled
through that declared owner or such other person or entity as dictated by the
owner.
III. Eligibility
Requirements
a. Eligibility requirements are
such that a detailed description of the morphological, physiological and other
characteristics that distinguish it from other varieties or related processes
must be provided to the Plant Board. A suitable test for the purposes of
detection/validation of the proposed characteristic must be provided.
Information, designated as Confidential Business Information, collected in the
process of administering these regulations will be considered exempt from
Freedom Of Information Act due to the Trademark Exclusion contained in that
act.
b. Rice possessing
characteristics of commercial impact must have been registered and received
commercial production approval from all appropriate federal agencies that have
regulatory interest in the characteristics. These agencies include but may not
be limited to 1)Environmental Protection Agency, 2)Department of Agriculture,
3)Food and Drug Administration.
c.
Any variety, line, strain or other designated selection of rice that had ever
required a USDA or other agency permit for research or production will be
required to submit to these regulations.
d. Eligibility for research exemption will be
determined by the Plant Board through a review of laboratory management
practices and production protocols by Plant Board staff.
IV. Scientific Review Committee
a. A Scientific Review Committee may be
appointed by The Plant Board to evaluate applications received under these
regulations. The Scientific Review Committee shall consist of producers, not
employed by or be on the board of any other entity represented on the
committee, scientists from Arkansas educational entities, such as colleges and
universities or the University of Arkansas Cooperative Extension Service;
representative(s) of rice mills operating in Arkansas; representative(s) from
the regulated companies; representative(s) of merchandisers located in
Arkansas; the director of the Dale Bumpers National Rice Research Center; and
the Director of the Arkansas State Plant Board shall be a permanent ex-officio
standing member of the committee.
b. The committee shall review and make
recommendations to the board concerning, but not limited to:
1) Identifying rice that has characteristics
of commercial impact;
2) Reviewing
rice identified as having characteristics of commercial impact upon receipt of
a petition from the purveyor of the rice;
3) Recommending rules establishing terms and
conditions for planting, producing, harvesting, selling, transporting,
processing, storing, or otherwise handling rice identified pursuant to c, 1 of
this paragraph, and
4) Reviewing the
efficacy of terms, condition, and identity preservation programs imposed on the
planting, producing, harvesting, transporting, drying, storing, or other
handling of rice identified under section c, 1 of this paragraph using the most
current industry standards and generally accepted scientific
principles.
c. The
criterion for evaluation for suitability for production shall encompass but not
necessarily be limited to:
1) The
characteristic of economic impact;
2)Potential impact of characteristic on value
of other crops;
3)Potential for
accidental introduction of characteristic into other crops;
4) Quantity of production
requested;
5) Benefit expected to
be brought to society from the characteristic;
6) Ability of the owner of the characteristic
to comply with all regulations;
7)Ability of the owner of the characteristic
to bear financial obligations for fees, fines and regulatory costs if
contaminations are discovered; and
8)Other concerns arising in the committee
deliberations.
V. Fees
a.
An application fee will be charged to each owner/applicant for each and every
characteristic considered, even if the same characteristic had been previously
considered for the same or different applicant.
b. The application fee will be established at
One Thousand ($1000.00) Dollars and will be due with the appropriate form when
application is made to the Plant Board for consideration of
production.
c. The application fee
is non-refundable in the event the production application is denied or the
application abandoned.
d. Fees will
be charged for each applicable inspection that is required to comply with these
regulations.
e. Inspection fees
will be established at One Hundred ($100.00) Dollars per visit. One
re-inspection will be provided (for a specific visit) at no additional charge
if the initial inspection detects conditions that result in an order to cease
operations. Additional inspections that are required due to failure to correct
unacceptable conditions will be assessed an inspection charge equal to the
initial inspection fee for each and every visit made by the inspector. The
frequency of these re-inspections will be determined by the Plant Board. The
re-inspections will be scheduled to insure compliance with the regulations and
permit conditions.
f. Any rice
developed at Public Institutions and/or the research programs from those
institutions shall not be subject to application fees as referenced in section
(a) above but will adhere to all other items in these
regulations.
VI. Permits
a. Production Permit. Application for a
production permit shall be made to the Plant Board sufficiently in advance
(minimum of four (4) months) of the expected first planting to allow full
evaluation by Plant Board staff and, if deemed appropriate by the Plant Board
Director, by a Scientific Review Committee.
b. Permit Application Form. The appropriate
form will be supplied by the Plant Board for making the application.
c. Functional Permits. Depending on the
characteristic of economic impact, a determination may be made by the Plant
Board Director that other functions, such as planting, harvesting,
transporting, processing and storage, associated with the production of rice
having the characteristic, may also need to be permitted. To accommodate this
effort, the owner of the characteristic of economic impact should be prepared
to identify all parties that are expected to handle any of the rice in any form
or function.
d. Fees for Functional
Permits. Functions that are deemed to present a risk of causing/allowing a
cross contamination to occur and as a result necessitate inspections, may be
required to pay a fee for securing the permit and for having the inspections
made.
e. Restrictions specific to
the characteristic of economic impact will be contained in the
permit.
VII.Violations
a. Failure to secure permit. Failure to
secure a permit prior to engaging in activities to initiate any facet of the
process of production of a crop, including but not limited to:
1) Marketing of planting seed;
2)Movement of any viable seed containing a
target characteristic into Arkansas;
3) Movement of viable seed from storage to an
area that might support production of the crop;
4)Placement of a seed lot (bulk, bagged or
tote) into any type storage facility in Arkansas;
5)Planting (or placement of viable seed into
contact with any substance that might support germination and growth of the
resulting plants), will be considered a violation.
b. Non-adherence to any and all conditions of
an issued permit, any of the published regulations and any section of the
enabling legislation will be considered a violation.
c. Penalties for Violations. Penalties will
be administered according to the provisions contained in §
2-15-208 of ACT 1238. The appended
Penalty Matrix (Appendix A) outlines the violations and the appropriate penalty
for each of those violations. Each day of a continuing violation will be
considered a separate violation.
d.
Level of Violation. Violations may be judged to be of Major or Minor level for
enforcement actions. The enforcement level classification will be determined by
any of the following factors individually or in combination:
1) length of time violation occurred before
permit was issued (30 days or more is major);
2) natureof the characteristic
involved;
3)economic consequences
resulting from violation (impacts of more than $1000.00 are major);
4)number of entities impacted by violation
(more than 3 would be major);
5)
quantity of previously approved rice impacted by the violation (more than 500
bushels would be major); 6)other factors deemed appropriate by the State Plant
Board Director.
VIII. Planting Seed Testing a. All seed
(including pre-commercial lots of seed, commonly known as breeder seed or
parental lines of hybrids prior to production of Foundation Grade seed) used
for any planting in shall undergo testing prior to April 1, of the current crop
year, for the purpose of identifying seed lots that contain variants of LLRice.
1. Testing Labs. All seed samples shall be
submitted to a lab that has validated the 35S bar test.
2. Sampling. Any seed sample collected for
the purpose of complying with these regulations must be "officially drawn"
samples under supervision of Plant Board Inspectors or an employee of another
state's AOSCA member. The Plant Board (or cooperating state representative)
shall be responsible for submitting the samples for testing, receiving and
disbursing test results and maintaining the chain of custody of the samples
throughout the sampling and testing process.
3. Seed Source. Any seed anticipated to be
used for planting rice must be tested. Seed produced inside Arkansas as well as
any seed produced in other states but entering Arkansas through a purchase must
be sampled and tested. Purchased seed from other states that has undergone
testing under the same protocol as outlined in these regulations and receiving
a "not detected within the specified detection limits" and has documentation to
present the results shall be exempt from additional testing. All lots of seed,
be they bagged or in bulk, shall be subject to these regulations.
3a. Carryover Seed. Any seed tested in a
previous year in a manner compliant with these regulations, held in a sealed
bag, is not required to undergo new GMO testing. Any seed, to be used for
planting, held over in any container, structure or vessel that is open and/or
would not prevent introduction of untested seed (such as but not limited to
bins, tote bags, superbags, open barrels, grain trucks, grain wagons, or grain
carts) must be re-sampled and undergo current year testing.
4. Participation. Entities having seed, saved
from their own production, that is to be used for planting seed, are
responsible for contacting the Plant Board and requesting having a sample
collected for submission for testing.
5. Testing. The testing protocol (commonly
referred to as the 35S bar test) shall be conducted by a lab that uses a
validated protocol.
6. Detection
Level. Testing shall be conducted to effect detection at the .01% level with a
95% confidence interval. Any sample that has a detection in any portion of the
submitted sample shall be ruled as being positive or having a detection within
the detection limits.
7. Records
Retention. Sample submission forms, results reports and any other records
developed in carrying out this testing, shall be retained by the applicant
(those entities owning and having the seed lot submitted for testing) and made
available for review upon request by a authorized representative of the
Arkansas State Plant Board.
8.
Transfer of Seed. Copies of testing results for individual lots of seed shall
be provided to anyone who purchases any portion of the tested lot. Results for
all lots, of which any portion was purchased, shall be provided to the
purchaser.
9. Authorized for Sale.
Any lot of seed tested, utilizing proper protocols, that received a "not
detected within the specified detection limits" result, shall be legal for
sale.
10. Failed Seed. Any lot of
seed that tests "detected within the specified detection limits" for LLRice
shall immediately be removed from the seed market and must be moved through the
grain marketing channels with proper identification as containing GMO
characteristics or be destroyed.
11. Exemption. "Specialty" rice producers and
millers who handle ONLY those rice varieties with characteristics, such as
aromatic qualities, that do not enter the grain marketing channels may be
exempt from these regulations under specific conditions (including but maybe
not limited to):
a. Their seed source can be
documented and verified.
b. Records
that confirm the specialty rice will not enter the long grain market
channels.
IX.
Rough Rice Testing. Testing of rough rice produced from crops planted with seed
subjected to the prescribed testing may be carried out in the normal course of
commerce. All positive detections arising from that testing shall be forwarded
to the Plant Board. Any and all records pertaining to post harvest rough rice
testing by any entity, business or individual, shall be made available to the
Plant Board upon request.
a. Upon
notification of a positive test on post harvest rough rice, the Plant Board
will immediately initiate an investigation to determine if the source of the
LLRice can be isolated.
b. Records
relating to testing of planting seed will be reviewed and the testing lab will
be contacted to confirm results in hand.
1.
Any errors found in the testing and reporting on the planting seed will be
subject to review by the Plant Board and consideration of assessment of civil
penalties as outlined in the Enforcement Response Penalty Matrix.
c. The receiving facility, of the
positive post harvest rough rice, will be asked to follow any USDA protocol for
handling positive rough rice that insures proper disposition/usage of that lot
of rough rice.
X. Random
Testing. The Plant Board may undertake random sampling of grain holding
facilities
(including but not limited to farm storage, seed bins or
elevator grain bins) and in seed facilities to enforce the prohibition on
planting seed with LL traits.
SECTION VIII.
QUARANTINES
1.
GYPSY MOTH QUARANTINE
Revoked December 9, 1983 after two (2) successive years of
negative annual surveys.
2.
IMPORTED FIRE ANT QUARANTINE
Whereas, it has been determined, and so declared, that a
serious insect pest, the imported fire ant, (Solenopsis saevissima
richteri Forel), is known to exist in Arkansas, and is known to be a
serious pest of humans, crops, livestock, and wildlife.
Whereas, the fire ant may be disseminated by the transportation
or movement of the following products or substances:
(a) soil and unprocessed sand or gravel,
separately or with other things, (b) forest, field, or nursery-grown woody or
herbaceous plants with soil attached, (c) plants in pots or containers, (d)
grass sod, (e) unmanufactured forest products such as stump wood or timbers if
soil is attached, (f) any product or substance which may hereafter be found
capable of spreading the imported fire ant.
a.
Movement of said products or substances from areas which are now or may
hereafter be designated by the U.S. Department of Agriculture as imported fire
ant regulated areas is prohibited except under regulations which have been or
may hereafter be made by the U.S. Department of Agriculture.
b. Areas which are found infested or which
are so situated as to be subject to infestation with the imported fire ant must
be treated to eradicate it. In lieu of requiring the property to be treated by
the owner, or at the owner's expense, the Board may elect to apply the
treatment, in cooperation with USDA at no cost to the owners. Property owners
will be notified when treatment is to begin through newspapers, radio,
television, and by personal contact where feasible.
3.
PEACH MOSAIC
QUARANTINE
Revoked November 10, 1972, after eight (8) successive years of
negative annual surveys.
4.
PHONY PEACH DISEASE QUARANTINE
Standard State Quarantine Order No. 2, as Revised June
13, 1951
Effective on and after July 2, 1951
DISEASE: Phony Peach, a virus disease of peach and certain
other stone fruits.
State and Counties Currently Affected by Phony Peach
Disease
|
Alabama:
|
Entire State
|
|
Florida:
|
Entire State
|
|
Georgia:
|
Entire State
|
|
Louisiana:
|
Entire State
|
|
Mississippi:
|
Entire State
|
|
Arkansas:
|
Counties of Arkansas, Ashley, Bradley, Chicot,
Columbia, Crittenden, Cross, Desha, Drew, Hempstead, Howard, Jefferson,
Lafayette, Lee, Lincoln, Little River, Miller, Monroe, Nevada, Phillips, Pike,
Poinsett, St. Francis, Sevier, Union and Woodruff.
|
|
Missouri:
|
County of Dunklin
|
|
North Carolina:
|
Counties of Anson, Cumberland, Gaston, Hoke, Polk, and
Rutherford
|
|
South Carolina:
|
Counties of Aiken, Allendale, Bamberg, Barnwell,
Cherokee, Chesterfield, Edgefield, Greenville, Lancaster, Laurens, Lexington,
Marlboro, Orangeburg, Richland, Saluda, Spartanburg, Sumter and York
|
|
Tennessee:
|
Counties of Chester, Crockett, Dyer, Fayette, Hardeman,
Hardin, Lake, Lauderdale, McNairy, Madison and Weakley
|
|
Texas:
|
Counties of Anderson, Bexar, Brazos, Camp, Cherokee,
Freestone, Limestone, McLennan, Milam, Rusk, San Augustine, Smith and
Upshur.
|
REGULATED PRODUCTS:
All peach, plum, apricot, nectarine and almond nursery
stock.
CONDITIONS GOVERNING SHIPMENT:
Transportation by any means whatsoever of the regulated
products from any regulated area either into, or within, or from the State of
Arkansas, is permitted only when there is securely attached to the outside of
each shipment a valid nursery inspection certificate issued by an authorized
official of the state of origin and bearing the name and address of the
consignor of the regulated articles contained therein.
REQUIREMENTS FOR CERTIFICATION:
Certificates or permits shall be issued only on the following
conditions:
1. That each nursery in
the phony peach infested areas producing the regulated products shall apply to
the State quarantine official for approval of the proposed nursery-growing site
on or before August 15 of each year;
2. Selected nursery sites shall be at least
300 yards from wild or domesticated plum, 1/2 mile from phony-infested
commercial orchards, and 1/2 mile from urban area;
3. The one-half environs of the nursery site
shall be inspected prior to October 1, and all phony trees found within such
environs removed prior to November 1;
4. All budding shall be restricted to the
slip-bud method. REMOVAL OF AREAS FROM REGULATIONS:
When satisfactory evidence has been presented that no phony
peach disease has been found for a period of three years in any county or state
affected by this quarantine, said county or state shall be removed from these
regulations.
SHIPMENT OF REGULATED PRODUCTS FOR SCIENTIFIC PURPOSES:
Regulations of this quarantine do not apply to shipments of
regulated products to the United States Department of Agriculture or to other
recognized institutions for scientific purposes except that a special permit
must be secured for the entry into or movement within the State of Arkansas of
such products.
5. PINK
BOLLWORM QUARANTINE
For information concerning Pink Bollworm quarantine, request
Circular 16.
6. SOUTHERN
PINE BEETLE QUARANTINE Revoked December 2, 1982.
7. SOYBEAN CYST NEMATODE QUARANTINE Revoked
December 4, 1981.
8. SWEET POTATO
WEEVIL QUARANTINE
Adopted March 11, 1983 after proclamation of a State Emergency
by Governor Bill Clinton. For information request a copy of the
quarantine.
9.
WHITE-FRINGED BEETLE QUARANTINE
Revoked June 30, 1975 at the same time the Federal quarantine
was revoked.
10.
GIBBERELLA FUJIKUROI (BAKANAE STRAINS
)
QUARANTINE
The Arkansas State Plant Board has found and determined and
does hereby declare the fungus Gibberella fujikuroi (bakanae
strains), causal agent of the rice disease
Bakanae, commonly known as "foolish seedling disease", a public
nuisance, a pest and a menace to the rice industry.
The purpose of this quarantine is to prohibit introduction of
the disease and its causal agent into rice production areas of Arkansas. The
movement of Gibberella
fujikuroi (bakanae strains) regulated articles
from infested areas into Arkansas is hereby restricted.
QUARANTINE
IMPLEMENTATION:
The Arkansas State Plant Board will implement the
Gibberella fujikuroi (bakanae strains)/Bakanae or Foolish
Seedling Disease of Rice-quarantine immediately upon adoption of the
regulations. Regulatory action will be implemented at the discretion of the
Board.
DEFINITIONS:
Certificate-A document issued or authorized by the
Arkansas State Plant Board, or regulatory official of the state of origin,
indicating that a regulated article is not contaminated with Gibberella
fujikuroi (bakanae strains), or has been treated in such a manner as
to eliminate the organism. Such articles may be moved to any
destination.
Compliance Agreement-A written agreement between
the Arkansas State Plant Board and any person engaged in growing, dealing in or
moving regulated articles wherein the latter agrees to comply with conditions
specified in the agreement to prevent the dissemination of Gibberella
fujikuroi (bakanae strains).
Exemptions-Provisions contained in these
Regulations which allow for modifications in conditions of movement of
regulated articles from regulated areas under specified conditions.
Farm Operator-Person responsible for the
production and sale of a rice crop on any individual farm.
Infected-Presence of the causal organism on or in
seed or any plant part that may or may not sustain and support the living and
reproduction of the organism.
Infested-Actually infested with the organism or so
exposed to infestation that it would be reasonable to believe that an
infestation exists.
Inoculum-Spores or any other part of the causal
organism that might serve to cause the organism to survive and reproduce on any
plant or plant part that it comes into contact with.
Inspector-Any authorized employee of the Arkansas
State Plant Board, or any other person authorized by the Arkansas State Plant
Board to enforce the provisions of these rules.
Limited Permit-A document issued or authorized by
the Arkansas State Plant Board or a designated regulatory official to provide
for the movement of regulated articles to restricted destination for limited
handling, utilization or processing or for treatment.
Mill Operator- A person responsible for the
operation of a manufacturing plant, and all facilities of that plant, involved
in the processing, packaging or handling of rough rice and rice
products.
Milled Rice-Rice that has been subjected to
processing to produce products from rough rice.
Milling Rice-Rice that has been produced, handled,
acquired and destined for processing through a mill.
Person- Any individual, corporation, company,
society, association or other business entity.
Regulated Area-Any state or any portion of such
state that is known to be infested with Gibberella fujikuroi
(bakanae strains).
Research Rice-Any rice seed or rice plant parts
that are to be used in a recognized research project conducted by a state or
federal program under the supervision of a trained and credentialed
professional staff that has in place proper safety programs to prevent the
accidental release and/or spread of the disease.
Rice Mill-Any manufacturing plants and all
associated facilities that are involved in processing rough rice to produce
rice related products.
Rice-All parts of rice and wild rice plants of the
genera Oryza.
Rice Hulls-The outer covering of the rice seed
that usually is removed in the milling process.
Rice Production Area-Any area utilized in the
growing of rice plants for production of the plant and/or subsequent seed for
harvesting.
Rice Products- Any commodity or product that has
been produced from any part of the rice plant and may contain parts of the
original plant structure or they may be unrecognizable as having originated
from the rice plant because of being subjected to additional processing.
Rice Mill Waste-Any trash or discarded material
that was originally contained or in contact with rice plants, seed or other
plant parts utilized in a milling process.
Rough Rice-Rice seed harvested, handled and
transported in the same form it was in immediately following harvest and
removal from the rice plant.
Seed Assay-Any test available to be applied to a
sample, lot or other quantity of seed to determine the presence of
Gibberella fujikuroi (bakanae strains).
Seed Rice-Seed removed from the rice plant and
subjected to such processing as to make the seed suitable for use as planting
material for subsequent rice crops. This processing may include but is not
limited to cleaning, treating and bagging. Depending on the handling and
products applied to this seed it may or may not be suitable for human
consumption.
Treatment-Any process that may be applied to rice
seed or other plant parts in an attempt to modify/or affect the presence of
Gibberella fujikuroi (bakanae strains).
Used Rice Equipment-Any equipment previously used
to harvest, strip, transport, destroy or process rice.
REGULATAED
ARTICLES:
The following are regulated under the provisions of this
Section:
(1) The causal agent,
Gibberella fujikuroi (bakanae strains), in any living stage of
development;
(2) Rice;
(3) Rough Rice;
(4) Seed Rice;
(5) Research Rice;
(6) Milling Rice;
(7) Rice Hulls;
(8) Rice Mill Waste;
(9) Used Rice Equipment;
(10) Any other products, articles or means of
conveyance, not covered by subparagraphs (1) to (9) of this Rule, when
determined by an inspector they present a hazard of spread of
Gibberella fujikuroi (bakanae strains) and the person in
possession thereof has been so notified.
CONDITIONS GOVERNING THE MOVEMENT OF REGULATED ARTICLES: The
following conditions govern the movement of regulated articles:
(1) A certificate or limited
permit is required to transport regulated articles from a regulated area into
or through any rice production area.
(2) A certificate or limited permit for
movement of regulated articles may be obtained from the Arkansas State Plant
Board or an authorized cooperator/collaborator agency.
(3) A certificate or limited permit may be
issued by an inspector if a regulated article:
a. Has originated in the non-infested area of
this state or in a non-infested area of any other state and has not been
exposed to infestation at any time; or
b. Has been treated to eliminate infestation;
or
c. Has been subjected to a seed
assay to determine if the causal agent is present and none is found;
or
d. Has been grown, manufactured,
stored or handled in such a manner that in the judgment of the inspector no
infestation will be transmitted thereby.
(4) Limited permits may be issued by an
inspector to allow the movement of non-certified regulated articles for
specified handling, utilization, processing or treatment in accordance with
approved procedures, provided the inspector has determined that such movement
will not result in the spread of Gibberella ffujikuroi
(bakanae strains).
(5)
When certificates or limited permits are required, they shall be securely
fastened to the regulated article or to the outside of the container in which
the regulated article is being moved.
(6) Any certificate or limited permit which
has been issued or authorized may be withdrawn by the inspector if he
determines that the holder thereof has not complied with any conditions for the
use of such documents or with any conditions contained in a compliance
agreement.
(7) Persons requesting
certification or a limited permit must request the services from an
inspector(s) at least 48 hours before the services are needed. The regulated
articles must be assembled at the place and manner in which the inspector
designates outside the rice production area. The following information must be
provided at the time the request is submitted:
a. The quantity of the regulated article to
be moved,
b. The location of the
regulated article,
c. The names and
addresses of the consignee and consignor,
d. The method of shipment, and e. The
scheduled date of shipment.
QUARANTINE AREA:
Any rice production area where Gibberella fujikuroi
(bakanae strains) and/or Bakanae (Foolish Seedling Disease) have been
confirmed to occur.
INSPECTION AND
DISPOSAL:
An inspector is authorized to stop and inspect any regulated
article moving into a rice production area. Any article found to be infested
with Gibberella fujikuori (bakanae strains) or having
originated in an area where Gibberella fujikuori (bakanae
stains) is known to occur and not certified, shall be subject to treatment or
confiscation and destruction, without compensation, as required by the Arkansas
State Plant Board.
COMPLIANCE
AGREEMENT:
(1) As
a condition of issuance of certificates or limited permits for the movement of
regulated articles, any person engaged in purchasing, assembling, exchanging,
handling, processing, utilizing, treating or moving such articles may be
required to sign a compliance agreement stipulating that he/she:
a. Maintain such safeguards against the
establishment and spread of any infestation;
b. Comply with such conditions as to the
maintenance of identity, handling and subsequent movement of such articles; and
c. Cleaning and treatment of means of conveyance and the containers used in the
transportation of such articles as may be require by the inspector.
(2) Any compliance agreement may
be cancelled by the inspector who is supervising its enforcement whenever he
finds, after notice and opportunity to present views has been accorded to the
other party thereto, that such other party has failed to comply with the
conditions of the agreement. Any compliance agreement may be cancelled when
compliance is no longer required.
VIOLATIONS AND
PENALTIES:
Any violation of these rules may be subject to civil penalties
under the authority of the Arkansas Plant Act of 1917, A.C. A. Section
2-16-203.
ADDENDUM "A"
ENFORCEMENT RESPONSE PLAN
PENALTY MATRIX
NURSERY INSPECTION QUARANTINE SECTIONOther:
A: License Review
Range of $50.00 to $1,000.00ENFORCEMENT
POLICYB: Probation
ARKANSAS ADMINISTRATIVE PROCEDURES ACT A.C.A.
25-15-201
C:
Invalidation of License
Minor
V iolation: A violative incident
which does not involve human health, safety, or endanger the environment; or
other incidents of non-compliance which do not create a competitive
disadvantage for licensees in full compliance.
Major
V iolation: A violative incident
which affects human health, safety, or the environment; or other incidents of
non-compliance which create a competitive disadvantage over licensees in full
compliance; or a history of repetitive violative incidents.
|
V
IOLATION
|
VIOLATION LEVEL
|
ST
1
Level of
Enforcement
|
nd
2 Level of Enforcement
|
rd
3 Level of Enforcement
|
th
4
Level of
Enforcement
|
|
Failure to Secure a License or Permit
Number
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
|
Failure to Fulfill Contracts or Other Related
replacements or adjustments
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
|
Misrepresentation for the purpose of deceiving or
defrauding
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
|
Repeated sales of poor quality
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
|
Unable to produce required records
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
|
Buying, digging, or possessing Ginseng out of
season without proper documentation
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
|
Shipped or moved regulated articles
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
from a quarantine area without proper treatment
or certificate
|
Other
|
Material will be returned to seller at seller's
expense,
or treated on site with a labeled and approved
pesticide by a licensed Pest Control operator.
|
Material will be returned to seller at seller's
expense, or treated on site with a labeled and approved pesticide by a licensed
Pest Control operator.
|
A-B-C
Material will be returned to seller at seller's
expense, or treated on site with a labeled and approved pesticide by a licensed
Pest Control operator.
|
C
Material will be returned to seller at seller's
expense, or treated on site with a labeled and approved pesticide by a
licensed
Pest Control operator.
|
|
Failure to label in accordance with the law and
regulations
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
|
Selling, transporting or disposing of in anyway,
plants and nursery stock covered by a stop-sale notice
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
|
Violating a compliance agreement
|
Minor
|
50 - 100
|
101 - 200
|
201 - 400
|
401 - 600
|
|
Major
|
100 - 400
|
401 - 600
|
601 - 800
|
801 - 1000
|
|
Other
|
A-B-C
|
C
|
ADDENDUM "B"
ENFORCEMENT RESPONSE PLAN
PENALTY MATRIX
CHENIERE RICE REGULATIONS
PENALTY MATRIX - Arkansas Rice Certification Act
(Act 1238 of 2005), Cheniere Rice Regulations of 2006
|
VIOLATION
|
1st Level of Enforcement
|
2nd Level of Enforcement
|
3rd Level of Enforcement
|
4th Level of Enforcement
|
|
Violation Level
|
Enforcement Action
|
Civil
Penalty
Fine
|
Enforcement Action
|
Civil
Penalty
Fine
|
Enforcement Action
|
Civil
Penalty
Fine
|
Enforcement Action
|
Civil
Penalty
Fine
|
|
1.Sells, offers for sale, plants, produces, harvests,
stores, distributes, transports, or processes (conditions) for planting
Cheniere or other Rice seed identified as having characteristics of commercial
impact.
|
Minor*
|
A
|
|
Major*
|
A, B
|
$30,000 - $50,000 per unit per day violation
continues
|
A,B,C
|
$50,000 - $75,000 per unit per day violation
continues
|
A,B,C
|
$75,000 - $100,000 per unit per day violation
continues
|
A,B,C
|
$100,000 per unit per day
|
|
2. Transporting any rice seed identified as having
characteristics of commercial impact across state lines
|
Minor
|
A
|
|
Major
|
A,B
|
$30,000 - $50,000 per unit per day violation
continues
|
A,B,C
|
$50,000 - $75,000 per unit per day violation
continues
|
A,B,C
|
$75,000 - $100,000 per unit per day violation
continues
|
A,B,C
|
$100,000 per unit per day
|
|
3.Representing rice seeds/grain which is
indistinguishable by seed characteristics to be a variety without
characteristics of commercial impact, without having adequate information for
such representation.
|
Minor*
|
A
|
|
Major*
|
A,B
|
$30,000 - $50,000 per unit per day violation
continues
|
A,B,C
|
$50,000 - $75,000 per unit per day violation
continues
|
A,B,C
|
$75,000 - $100,000 per unit per day violation
continues
|
A,B,C
|
$100,000 per unit per day
|
|
4. Failure to obtain required test data on planting
rice seed sold, offered for sale or distributed within or into Arkansas.
|
Level Minor
|
|
Major
|
A,B
|
$30,000 - $50,000 per unit per day violation
continues
|
A,B,C
|
$50,000 - $75,000 per unit per day violation
continues
|
A,B,C
|
$75,000 - $100,000 per unit per day violation
continues
|
A,B,C
|
$100,000 per unit per day
|
*Minor or Major determined by
1)
nature of the characteristic
involved
2)
economic
consequences resulting from violation (impacts of more than $1000.00 are
major);
3)
number of
entities impacted by violation (more than 3 would be major);
4)
quantity of previously approved rice
impacted by the violation (more than 500 bushels would be major);
5)
other factors
deemed appropriate by the State Plant Board Director.
Enforcement actions:
A. Seizure, stop-sale,
stop-movement
B. Board/Committee
Hearing
C. Referral to Prosecuting
Attorney
