Current through Register Vol. 56, No. 18, September 16, 2024
(a) No person may move any Spotted Lanternfly,
plant material, or regulated articles containing any life stage of the Spotted
Lanternfly, which are subject to the requirements of Spotted Lanternfly quarantine,
outside the quarantine areas designated in N.J.A.C. 2:20-10.4, unless in compliance
with the requirements set forth in this section.
(b) Members of the general public who move any
regulated articles inside the quarantine area or to outside of the quarantine area
shall be required to complete a Spotted Lanternfly Checklist prior to movement of
any regulated article(s).
1. The Spotted
Lanternfly Checklist shall be provided by the Department at the following web
address:
http://www.state.nj.us/agriculture/divisions/pi/prog/spottedlanternfly.html.2. The signed checklist shall remain with the
regulated article(s).
3. Upon request by
the Department, a copy of the signed checklist shall be provided to the Department
within three calendar days by the person possessing the regulated article.
(c) Persons moving regulated materials
for business purposes from, or into, the quarantine area shall be required to:
1. Undertake training on the Spotted Lanternfly.
The owner, manager, supervisor, or other person(s) with authority to bind the entity
and train other employees (hereinafter "designated employee(s)") shall take training
provided by either by the Department, the Pennsylvania Department of Agriculture,
Penn State Cooperative Extension, Rutgers Cooperative Extension, or others who have
participated in a "Train the Trainer" course approved and recognized by the
Department, and shall have passed an examination administered by an employee or
agent of the Department or the Pennsylvania Department of Agriculture, demonstrating
they have an understanding and knowledge of the pest and of the procedures necessary
to prevent the spread of the pest.
i. Upon
successful completion of the training and passing the required test, the designated
employee(s) shall be responsible for training other employees of that entity and
documenting such training.
ii. In
conjunction with taking the examination, the designated employee(s) shall record,
preserve, maintain, and provide to the Department, as needed, at a minimum, the
following information:
(1) The name, telephone
number, and e-mail address of the designated employee taking the required
test;
(2) The legal name, address,
business telephone number, and e-mail address of the primary business
location;
(3) The number of vehicles and
conveyances utilized; and
(4) An
attestation that the person shall comply with all requirements of this
subchapter.
2. The
Secretary may request, in writing, additional information, if necessary, for
evaluating the potential risk to the State.
3. Any employee responsible for driving any
vehicle or conveyance, or handling, shipping, packaging, or loading any regulated
article, shall be trained by a designated employee who has taken the training and
passed the exam. Multiple employees in a business may take the training and
examination if the business deems that necessary to build sufficient training
capacity within their organization.
4.
All regulated articles, including conveyances and vehicles, shall be inspected and
all egg masses and other life stages of the Spotted Lanternfly shall be removed and
destroyed prior to being moved within or out of the quarantine area. A record of
such inspection shall be kept and recorded as set forth in N.J.A.C.
2:20-10.9.
5. Regulated articles, other
than the vehicles and conveyances themselves, shall be packaged and safeguarded
sufficiently, such as within a closed container, shrink wrap, tight tarp, or similar
covering, to maintain isolation from the domestic environment during storage or
transportation.
6. Any stage of living
life cycle(s) of the insect, Spotted Lanternfly, found during any inspection, and/or
other debris, off-fall, or by-products, shall remain within the quarantine area, be
placed in a separate area away from other regulated articles and shall be processed,
treated, burned, or buried, in accordance with all Federal, State, or local laws.
Burning shall be done in accordance with laws and rules governing air quality and
where buried, such burial shall comply with all laws and rules governing water
quality. Final disposal of regulated articles shall be in a manner that does not
leave material that may be infected or allow movement of the Spotted
Lanternfly.
(d) Submission to
the Department of a valid permit issued by the Pennsylvania Department of
Agriculture, or any other state issuing such permit for the Spotted Lanternfly, will
be accepted in satisfaction of the elements required under (c) above.
Copies of such permits may be e-mailed to
SLF-plantindustry@ag.nj.gov, or mailed to:
Division of Plant Industry
New Jersey Department of Agriculture
PO Box 330
Trenton, New Jersey 08625-0330
(e) Persons moving regulated materials for
business purposes exclusively within the quarantine area shall be required to:
1. Treat, process, inspect, or dispose of
regulated articles received and stored in a manner that complies with the methods of
treatment described in (e)2 below.
2.
Any stage of living life cycle(s) of the Spotted Lanternfly found during the
inspection, and/or other debris, off-fall, or by-products, shall remain within the
quarantine area, be placed in a separate area away from other regulated articles and
shall be processed, treated, burned, or buried, in accordance with all Federal,
State, or local laws. Burning shall be done in accordance with laws and rules
governing air quality and where buried, such burial shall comply with all laws and
rules governing water quality. Final disposal of regulated articles shall be in a
manner that does not leave material that may be infected or allow movement of the
Spotted Lanternfly.
3. Regulated
articles must be shipped within five days of inspection, processing, or treatment
and safeguarded in such a manner, such as storage inside an enclosed building or
shrink wrapping, as to prevent infestation.
