Ariz. Admin. Code § 3-4-248

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-4-248 - Japanese beetle

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-201, the following apply to this Section:

1. "Host commodities" means the commodities listed in the JBHP, Appendix 6.

2. "JBHP" means the U.S. Domestic Japanese Beetle Harmonization Plan, adopted by the National Plant Board on August 19, 1998, and revised June 20, 2016.

3. "Pest" means the Japanese beetle, Popillia japonica, notwithstanding the definition in A.R.S. § 3-201.

B. Area under quarantine: All Category 2 and 3 areas listed in the JBHP, which is incorporated by reference, does not include any later amendments or editions, and is on file with the Department, the Office of the Secretary of State, and the National Plant Board at http://nationalplantboard.org/japanese-beetle-harmonization-plan/.

C. Host commodities covered. All commodities, except grass sod, listed in the JBHP, Appendix 12.

D. An out-of-state grower who imports a host commodity into Arizona shall comply with the JBHP, except as provided under subsection (E).

E. Restrictions on importation.

1. An out-of-state grower shall not import into Arizona a host commodity under subsection (C) from an area under quarantine unless the commodity is accompanied by a certificate issued by a plant regulatory official of the origin state ensuring compliance with the requirements of the JBHP, Appendix 1.

2. Notwithstanding the requirements of the JBHP, Appendix 1, the Associate Director may admit grass sod from an out-of-state grower for shipment to Arizona if:

a. The out-of-state grower requests an exception agreement from the Department;

b. The out-of-state grower, the State Plant Regulatory Official of the origin state, and the Associate Director sign an agreement that includes the following terms:

i. The out-of-state grower shall ship sod grown only in a Japanese beetle-free county;

ii. The State Plant Regulatory Official or designee shall place and monitor Japanese beetle traps on the grass sod farm during the agreement period. At least one trap shall be placed on each 10 acres of land. A buffer zone of a one-mile radius shall be established around the grass sod farm, and two traps per square mile shall be placed in the buffer zone. The Department shall revoke the agreement if the origin state documents that one or more Japanese beetles are detected in any trap;

iii. The State Plant Regulatory Official or designee shall inspect sod before shipment to ensure it is free of the pest; and

iv. The out of state grower shall notify the Associate Director or their designee of sod shipments destined to Arizona prior to shipment.

c. Both the out-of-state grower and the State Plant Regulatory Official shall perform any other requirement established by the Associate Director to ensure the grass sod is free from all life stages of Japanese beetle.

3. An out-of-state grower shall not import into Arizona a host commodity from a Category 4 state unless certified by the State Plant Regulatory Official or designee attesting that the host commodity is apparently free of Japanese beetle and has been treated by an approved method to eliminate all live life stages of the pest.

4. Exemptions from importation ban:

a. Privately-owned houseplants grown indoors; and

b. Commodities that have been treated by an alternate method approved by the Associate Director and certified by a plant regulatory official of the state of origin.

Ariz. Admin. Code § R3-4-248

Adopted effective June 16, 1977 (Supp. 77-3). Section R3-1-77 renumbered to R3-4-248(Supp. 91-4). Amended by final rulemaking at 7 A.A.R. 5345, effective November 8, 2001 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.