Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule prohibits the introduction of a
serious disease pest of rice, known as Bakanae of rice or Foolish Seedling
Disease, caused by the fungal organism, Gibberella fujikuroi
(bakanae strains), into the state of Missouri, and establishes those articles
and areas which are to be regulated. In the absence of a federal quarantine to
prevent the movement and spread of this harmful disease of rice, it is
necessary that the state entomologist take action to insure that infected rice
seed and other regulated articles are not introduced into the state of
Missouri.
(1) It has been
determined that a harmful disease pest of rice known as Bakanae (Foolish
Seedling Disease), caused by the fungal organism Gibberella
fujikuroi (bakanae strains), is not now known to be present in this
state, is present in the state of California, designated as the infested area,
and that its introduction into Missouri would result in serious loss and damage
to the agriculture resources and to the general welfare of the state. Under the
authority of section
263.130,
RSMo of the Missouri Plant Law, the state entomologist does hereby establish a
quarantine to prevent the of entry of rice seed from infested areas into the
state of Missouri, and now sets forth the name of the pest against which the
quarantine is established, the infested areas, the articles regulated, the
rules governing movement of regulated articles, the rules governing issuance of
permits, the rules governing suppression activities and the penalty.
(2) The following definitions shall apply to
this quarantine:
(A) Certificate-a document
issued or authorized by the Missouri Department of Agriculture, 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.
(B) Compliance agreement-a written agreement
between the Missouri Department of Agriculture 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).
(C) Exemptions-provisions contained in these
regulations which allow for modifications in conditions of movement of
regulated articles from regulated areas under specified conditions.
(D) Farm operator-a person responsible for
the production and/or sale of a rice crop on any individual farm.
(E) Infected-the 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.
(F) Infested-actually infested with the
organism or so exposed to infestation that it would be reasonable to believe
that an infestation exists.
(G)
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.
(H)
Inspector-any authorized employee of the Missouri Department of Agriculture, or
any other person authorized by the Missouri Department of Agriculture to
enforce the provisions of quarantine and its rules.
(I) Limited permit-a document issued or
authorized by an inspector 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.
(J) 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.
(K) Milled rice-rice that
has been subjected to processing to produce products from rough rice.
(L) Milling rice-rice that has
been produced, handled, acquired and destined for processing through a
mill.
(M) Person-any individual,
corporation, company, society, association or other business entity.
(N) Regulated area-any state or any portion
of such state that is known to be infested with Gibberella
fujikuroi (bakanae strains).
(O) 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.
(P) Rice mill-any manufacturing plant and all
associated facilities that are involved in processing rough rice to produce
rice related products.
(Q) Rice-all
parts of rice and wild rice plants of the genera
Oryza.
(R) Rice
hulls-the outer covering of the rice seed that usually is removed in the
milling process.
(S) Rice
production area-any area utilized in the growing of rice plants for production
of the plant and/or subsequent seed for harvesting in the state of
Missouri.
(T) 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.
(U) 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.
(V) Rough rice-rice seed
harvested, handled and transported in the same form it was in immediately
following harvest and removal from the rice plant.
(W) 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).
(X) 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.
(Y) 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).
(Z) Used rice
equipment-any equipment previously used to harvest, strip, transport, destroy
or process rice.
(3) The
following is a list of articles, the movement of which is regulated:
(A) The causal agent, Gibberella
fujikuroi (bakanae strains), in any living stage of
development;
(B) Rice;
(C) Rough rice;
(D) Seed rice;
(E) Research rice;
(F) Milling rice;
(G) Rice hulls;
(H) Rice mill waste;
(I) Used rice equipment;
(J) Any other products, articles or means of
conveyance, not covered by this section, 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.
(4) The following subsections
shall govern the movement of regulated articles. Requirements under other
applicable state and federal quarantines must also be met:
(A) A certificate or limited permit is
required to transport regulated articles from a regulated area into or through
any rice production area.
(B) A
certificate or limited permit for movement of regulated articles may be
obtained from the Missouri Department of
Agriculture or an authorized cooperator/col-laborator
agency.
(C) A certificate
or limited permit may be issued by an inspector if a regulated article:
1. 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
2. Has been treated to eliminate infestation;
or
3. Has been subjected to a seed
assay to determine if the causal agent is present and none is found;
or
4. Has been grown, manufactured,
stored or handled in such a manner that in the judgment of the inspector no
infestation will be transmitted thereby.
(D) Limited permits may be issued by an
inspector to allow the movement of noncertified 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 fujikuroi (bakanae
strains).
(E) 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.
(F) Any certificate or
limited permit which has been issued or authorized may be withdrawn by the
inspector if they determine 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.
(G) Persons
requesting certification or a limited permit must request the services from an
inspector(s) at least forty-eight (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:
1. The quantity of the regulated article to
be moved;
2. The location of the
regulated article;
3. The names and
addresses of the consignee and consignor;
4. The method of shipment; and
5. The scheduled date of shipment.
(5) Regulated articles
may be moved for experimental or scientific purposes in accordance with
specified conditions; provided, a permit is securely attached to the container
of such articles or to the article itself.
(6) As a condition of issuance of
certificates or 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 s/he will maintain such safeguards against the establishment
and spread of infestation and comply with such conditions as to the maintenance
of identity, handling and subsequent movement of such articles, and the
cleaning and treatment of means of conveyance and containers used in the
transportation of such articles as may be required by the inspector.
(7) Regulated products transported in
violation of this quarantine must be treated or destroyed or returned to the
point of origin at the discretion of the state entomologist. Common carriers or
other carriers, persons, firms or corporations, who shall transport or move
regulated products in violation of this quarantine and these rules shall be
subject to the penalties named in section
263.180, RSMo.
(8) Regulated areas include the state of
California and any other rice production area where Gibberella
fujikuroi (bakanae strains) and/or Bakanae (Foolish Seedling Disease)
have been confirmed to occur.
*Original autority: 263.040, RSMo 1939, amended 1984;
263.050, RSMo 1939, amended 1984, 1993, 1995; 263.130, RSMo 1939, amended 1984;
and 263.140, RSMo 1939, amended 1984.
