Current through Register Vol. 35, No. 18, September 24, 2024
A. All regulated
articles are prohibited entry into New Mexico from areas under quarantine
unless they have the required certificate. A phytosanitary certificate or
compliance agreement issued by an authorized state agricultural official of the
origin state must accompany regulated articles moved from the quarantined area
into New Mexico. Compliance agreements must be preapproved by the New Mexico
state plant regulatory official prior to shipment. The certificate must state
that the regulated article is certified free of Japanese beetle based on one of
the following options.
(1) Regulated article
originated in certified Japanese beetle-free premises in a quarantined area and
has not been exposed to an infestation while within the quarantined area.
Premises approved by the state plant regulatory official include Japanese
beetle-free greenhouse or screenhouse that has been inspected annually and
approved by an authorized state agricultural official of the origin state as
being Japanese beetle free in accordance to criteria specified in the U.S.
Japanese beetle harmonization plan, Appendix 1, "Production in an approved
Japanese-free greenhouse/screenhouse." The following additional declaration
shall appear on the state phytosanitary certificate, "The rooted plants (or
crowns) were produced in an approved Japanese beetle-free greenhouse or
screenhouse."
(2) Regulated article
production cycle completed and shipped during an adult Japanese beetle-free
period. The adult Japanese beetle-free period will be based on recent trapping
information conducted by an authorized state agricultural official of the
origin state for that location. Only plants grown in sterilized and soilless
medium will be considered for entry into New Mexico under this certification.
The following additional declaration shall appear on the state phytosanitary
certificate, "The plants were produced and shipped outside the adult Japanese
beetle flight period."
(3)
Regulated article treated to destroy Japanese beetle infestations in accordance
with the U.S. Japanese beetle harmonization plan, Appendix 1,
"application of approved regulatory treatment." The following
additional declaration shall appear on the state phytosanitary certificate,
"The rooted plants were treated to control Popillia japonica,
in accordance to the criteria for shipment to Category 1 states as
provided in the U.S. domestic Japanese beetle harmonization
plan, or treated using a method approved by the New Mexico state plant
regulatory official."
(4) Regulated
article subject to
origin detection survey. Regulated articles
originating from specific counties not infested with Japanese beetle and within
infested states may be accepted if the county of origin is shown not to be
infested with Japanese beetle based on current and historic adult surveys. An
authorized state agricultural official of the origin state must reapply
annually in writing to the New Mexico state plant regulatory official for
inclusion of counties under this option. Decision by the department to approve
shipment of regulated articles under this option will be based on the results
from adult surveys conducted by the department of agriculture of the
originating state. Surveys to detect Japanese beetle adults shall be conducted
at each growing location and throughout the county. The following additional
declaration shall appear on the state phytosanitary certificate, "The plants
were produced and shipped from an area not found to be infested with Japanese
beetle in accordance with the New Mexico's Japanese Beetle Exterior
Quarantine." Requests for approval of regulated articles under this option
shall include:
(a) name of the county and
nurseries requesting approval;
(b)
survey information and results that include trap locations for nursery and
county of origin (i.e. maps, GPS coordinates), dates of deployment and trap
maintenance, survey methodology, and results;
(c) historic information regarding Japanese
beetle surveys and related information relevant to determining the status of
Japanese beetle infestation levels at the nursery and county levels;
and
(d) number of miles from each
nursery to nearest Japanese beetle positive trap catch or known population
which would include relevant counties in adjacent states.
(5) Other treatments or methods of mitigation
not described therein may be submitted in writing by an authorized state
agricultural official of the origin state to the department for review prior to
shipment into New Mexico.
B. State phytosanitary certificates and
compliance agreements shall be securely attached to the outside of the
container in which the articles are moved, except where the certificate is
attached to the shipping document and the regulated articles are adequately
described on the shipping document or on the certificate.
C. The director may make exceptions,
modifications, or additions to restrictions as needed or at the request of
individual departments of agriculture for the purpose of addressing specific
issues.
