South Carolina Code of Regulations
Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION
Article 5A - TROPICAL SODA APPLE QUARANTINE
Section 27-55 - Tropical Soda Apple Quarantine

A. Commission. The State Crop Pest Commission, or any officer or employee of the commission to whom authority to act in its stead has been or hereafter may be delegated.

B. Pest. Solanum viarum Dunal, tropical soda apple in any stage of development.

C. Host. Any animal, plant or animal or plant product upon which a pest is dependent for completion of any portions of its life cycle.

D. Infested. Actually infested or infected with a pest or so exposed to infestation that it would be reasonable to believe that an infestation exists, as determined by the Commission.

E. Person. Any individual, corporation, company, society, association or other business entity.

F. Move. To ship, offer for shipment, receive for transportation, carry or otherwise transport, move or allow to be moved.

G. Regulated article. Any article of any character as described in the regulation carrying or capable of carrying the plant pest against which the regulation is directed.

H. Regulated area. Those geographic areas adjacent to the infested areas in which efforts are designed to prevent further movement and spread of the plant pest.

I. Infested area. That geographic portion of the State in which the presence of a plant pest has been confirmed and in which primary remediation measures will be applied.

J. Certificate. A document issued or authorized by the commission (or by the duly authorized regulatory agency of another state or of the United States) indicating that a regulated article is not contaminated with a pest.

K. Permit. A document issued or authorized by the commission to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing.

L. Director. The Director, Division of Regulatory and Public Service Programs, Public Service and Agriculture, Clemson University.

M. Division. The Division of Regulatory and Public Service Programs, Public Service and Agriculture, Clemson University.

N. Department. The Department of Plant Industry, Division of Regulatory, and Public Service Programs.

A. Tropical Soda Apple (Solanum viarum Dunal) in any living stage of development.

B. Hay, crops, seed, turfgrass, or any other article grown or produced on infested land.

C. Livestock [as defined in 47-4-20(7) ] or any other four-legged omnivorous or herbivorous animal that grazed or had access to infested land.

D. Cattle trailers and other animal transporters used to transport livestock from infested areas.

E. Any other products, articles, or means of conveyance of any character whatsoever not covered by the above, when it is determined by an inspector that such products, articles, or means of conveyance present a hazard of spread of tropical soda apple and the person in possession thereof has been so notified.

A. Certificate or permit required. A certificate or permit issued or authorized to be issued by an inspector of the state of origin shall accompany the movement of any regulated articles from infested states or infested areas in South Carolina. Unpermitted regulated articles will be returned to point of origin, except in the case of livestock proceeding directly to slaughter in accordance with subsection 60.4.E below.

B. Attachment of certificate or permit. Certificates or permits shall accompany the shipping document (invoice, way bill, or bill of lading) which adequately describes the regulated articles.

C. Issuance of certificates. Certificates may be issued or authorized to be issued by an inspector provided that the regulated articles which are the subject of the certificate:

D. Issuance of Permits. Permits may be issued or authorized to be issued by an inspector to allow the movement of non-certified regulated articles to a specified destination provided the inspector determines that such movement will not result in the spread of tropical soda apple.

A. The entire state is designated a regulated area.

B. No part of the tropical soda apple plant can be moved unless authorized by an inspector and a certificate or permit is issued.

C. No hay, crops, seed, turfgrass, or any other article grown or produced on infested land can be moved or transported unless it can be determined by growing season inspections that tropical soda apple was not present and/or did not produce fruit during the growth and harvesting of the crops.

D. Any livestock or other animal that grazed or had access to infested land cannot be moved to an uninfested area unless held for six days in a separate tropical soda apple fruit-free holding area.

E. Livestock conveyances hauling livestock from infested areas must be washed at a designated washing-out station or site or washed at an infested site. All such sites must be registered with the Department.

F. Regulated Livestock which originate in an infested state and which are proceeding directly to slaughter need not be accompanied by a certificate, provided such livestock is not unloaded within South Carolina, except at the slaughter facility or at another facility which has previously been approved in writing by the department.

G. Waste from designated washing-out stations may not be moved unless such station is designated as TSA-free or has been composted or treated in accordance with Departmental instructions.

H. Upon the confirmation of Tropical Soda Apple on property, the Department shall notify the tenant and the landowner of the presence of Tropical Soda Apple and shall provide the landowner/tenant with recommendations for control/eradication. The landowner/tenant must maintain the land in a condition which will allow the Department to conduct adequate periodic surveys and other necessary and appropriate actions. This requirement extends to fallow land, land temporarily out of production, range land and any other land under the control of the landowner/tenant on which the plant pest may be found.

Should the landowner/tenant not comply with the recommendations of the Department after two written notifications, or should the landowner/tenant actively impede the activities of the Department in its survey/eradication activities, the Department may negotiate with an outside contractor to mow and/or spray the property with appropriate herbicides so that the Department may perform these activities. The Department may also file a Notice of Quarantine in the public records of the county in which the affected real property is located. The costs of such actions shall be a charge against the affected real property and the State shall have a lien upon said property to secure payment thereof.

A. Any person engaged in the growing of crops, hay, cattle, or any other article on land infested with tropical soda apple and also involved in its transportation, distribution, sale, etc. may be required to sign a compliance agreement stipulating that safeguards will be maintained against the establishment and spread of tropical soda apple and records on identity of regulated articles will be maintained.

A. Regulated articles may be moved for experimental or scientific purposes only in South Carolina under such conditions as may be prescribed by the commission.

A. Deletion. When satisfactory evidence and data is available that no tropical soda apple has been found for two consecutive years, said infested area may be redesignated at the discretion of the Director, in accordance with Section 46-9-60(B).

B. Addition. See Section 46-9-60.

C. In addition to the requirements of Section 46-9-60, future additions or deletions of areas under quarantine will be noticed in the State Register.

A. Any person who shall violate this regulation shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as authorized by Section 46-9-90(A).