Ariz. Admin. Code § 3-4-301

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

Section R3-4-301 - [Effective 3/13/2025] Nursery Certification

A. Definitions. The following terms apply to this Section.

"Associate Director" means the Associate Director of the Arizona Department of Agriculture's Plant Services Division.

"Certificate" means a document issued by the Director, Associate Director or by a Department inspector stating that the nursery stock has been inspected and complies with the criteria set forth by an agricultural agency of any state, county, or commonwealth.

"Certificate holder" means a person who holds a certificate issued in accordance with this Section.

"Collected nursery stock" means nursery stock that has been dug or gathered from any site other than a nursery location.

"Commercially clean" means nursery stock offered for sale is in a healthy condition and, though common pests may be present, they exist at levels that pose little or no risk.

"Common pest" means a pest, weed, or disease that is not under a state or federal quarantine or eradication program and is of general distribution within the state.

"Director" means the Director of the Arizona Department of Agriculture.

"General nursery stock inspection certification" means an inspection carried out at the request of a person for the purpose of meeting the general nursery inspection requirements of another state.

"Nursery location" means real property with one physical address, upon which nursery stock is propagated, grown, sold, distributed, or offered for sale.

"Quarantine pest" means an economically important pest that does not occur in the state or that occurs in the state but is not widely distributed or is being officially eradicated.

"Single shipment nursery stock inspection certification" means a visit to a single location by a Department inspector to certify one or more shipments of nursery stock for compliance with the quarantine requirements of the receiving state, county, or commonwealth.

B. General nursery stock inspection certification. A person may apply for general nursery stock inspection certification by submitting to the Department the application described in subsection (E) for each nursery location. The applicant shall submit a $50 inspection fee to the Department at the time of inspection for each nursery location. Each nursery location shall be inspected and certified separately. An application for initial certification may be submitted at any time. A certificate will be valid for one year, and may be renewed. A renewal application shall be submitted each year by February 15.

1. The Department shall issue a general nursery stock inspection certificate to the applicant if, following a Department inspection, the nursery stock is found free of quarantine pests, and commercially clean of common pests that are adversely affecting the nursery stock.

a. The Department shall only certify nursery stock that is found free of quarantine pests. The applicant shall not remove from the nursery any nursery stock that is found infested with a quarantine pest until a Department inspector determines that the pest has been eliminated.

b. The Department shall restrict the movement of any nursery stock found infested with a common pest that a Department inspector determines is adversely affecting the nursery stock. The applicant shall establish a treatment program to control the pest and shall not remove the infested nursery stock from the nursery until a Department inspector determines that the pest has been controlled.

2. A certificate holder shall ensure that a nursery with a general nursery stock inspection certificate remains free of quarantine pests and commercially clean of common pests that are adversely affecting the nursery stock throughout the period that the certificate is valid.

3. A certificate holder shall not distribute, transport, or sell nursery stock interstate if it is infested with a quarantine pest or a common pest that is adversely affecting the nursery stock.

4. A certificate holder may reproduce a general nursery stock inspection certificate without the Department's permission for nursery use.

5. A certificate holder shall ensure that the nursery's general nursery stock inspection certificate accompanies each shipment of nursery stock that is moved out of the state.

6. A certificate holder shall maintain all invoices or other shipping documents for shipments received by and shipped from the nursery for up to one year. The certificate holder shall make the documents available to the Department upon request, as authorized by A.R.S. § 3-201.01(A)(6).

7. The Department shall inspect a nursery with a general nursery stock inspection certificate at any time during the certificate period to verify compliance with this Section.

8. A general nursery stock inspection certificate expires on December 31 of each year unless renewed, suspended, or revoked as provided in this Section.

9. A person with a general nursery stock inspection certificate may also need to obtain a special nursery stock inspection certificate to meet a specific quarantine entry requirement of another state, as prescribed in subsection (C).

C. Special nursery stock inspection certification. A person may apply for special nursery stock inspection certification to meet specific quarantine entry requirements of another state that are not addressed by the general nursery stock inspection certificate described in subsection (B). The applicant shall submit to the Department the application described in subsection (E) and a $50 inspection fee for each nursery location.

1. An applicant shall ensure that the applicant's nursery stock is free of quarantine pests as required by the receiving state and commercially clean of common pests that are adversely affecting the nursery stock. The Department shall not certify nursery stock that is infested with a quarantine pest until a Department inspector determines that the pest has been eliminated. The Department shall not certify nursery stock that is infested with a common pest that a Department inspector determines is adversely affecting the nursery stock.

2. A certificate holder shall not reproduce or duplicate a special nursery stock inspection certificate without written permission from the Department.

3. A special nursery stock inspection certificate is valid for one year from the issue date unless the receiving state requires a shorter certification period.

D. Single shipment nursery stock inspection certification. A person may apply for a single shipment nursery stock inspection certification to meet the entry requirements of another state by submitting to the Department the application described in subsection (E) with a $50 inspection fee.

1. An applicant for a single shipment nursery stock inspection certificate shall ensure that the nursery stock in each shipment is free from quarantine pests, as required by the receiving state, and commercially clean of common pests that are adversely affecting the nursery stock. The Department shall not certify nursery stock that is infested with a quarantine pest until a Department inspector determines that the pest has been eliminated. The Department shall not certify nursery stock that is infested with a common pest that a Department inspector determines is adversely affecting the nursery stock until the pest has been controlled.

2. A single shipment nursery stock inspection certificate is valid for seven calendar days following the inspection date. A certificate holder may apply for a new certificate if the original certificate expires before the shipment leaves Arizona.

3. A certificate holder shall not reproduce or duplicate a single shipment nursery stock inspection certificate.

4. A person who has obtained a single shipment nursery stock inspection certificate for collected nursery stock shall retain a record, for at least one year from the shipment date, of the street address from which each plant in a shipment was collected. The person shall provide the collected nursery stock record to the Department upon request.

E. Application. A person applying for a certificate under this Section shall provide the following information on a form obtained from the Department:

1. Applicant's name, nursery name, mailing address, telephone and fax numbers, and e-mail address, as applicable;

2. Location at which inspection is to be made, by legal description or physical address;

3. Number of acres, structures, or vehicles to be inspected, as applicable;

4. For shipping, the state, county, or commonwealth of planned destination, the category of inspection, and the nursery stock to be certified;

5. Applicant's Social Security number or tax identification number; and

6. Applicant's signature and date of signature.

F. Based upon the circumstances of each case, the Associate Director may:

1. Refuse to issue a certificate if, after inspection, the Associate Director determines that an applicant has not met a requirement for certification.

2. Revoke a certificate for a violation of a condition of the certificate.

3. Suspend, for a period of up to 90 days, a certificate for misuse or misrepresentation related to the certificate.

4. Refuse to issue or suspend a certificate issued under this Section if the applicant or certificate holder refuses to provide the Department with documents that demonstrate the ownership, origin, or destination of nursery stock presented for certification.

G. Notwithstanding subsections (B) through (D), during fiscal year 2024, an applicant for nursery stock inspection certification shall pay the following fee:

1. For general certification, $250.

2. For single shipment certification, $50 for the first lot plus $10 for each additional lot per Department site trip.

Ariz. Admin. Code § R3-4-301

Adopted effective January 17, 1989 (Supp. 89-1). Section R3-4-301 renumbered from R3-1-301 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 12 A.A.R. 1378, effective June 4, 2006 (Supp. 06-2). Amended by exempt rulemaking at 16 A.A.R. 1336, effective June 29, 2010 (Supp. 10-2). Amended by exempt rulemaking at 17 A.A.R. 1761, effective July 20, 2011 (Supp. 11-3). Amended by exempt rulemaking at 18 A.A.R. 2063, effective August 2, 2012 (Supp. 12-3). Amended by exempt rulemaking at 19 A.A.R. 3143, effective September 14, 2013. Amended by exempt rulemaking at 20 A.A.R. 2454, effective 7/24/2014. Amended by exempt rulemaking at 21 A.A.R. 2410, effective 7/3/2015. Amended by final exempt rulemaking at 23 A.A.R. 1941, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2223, effective 8/3/2018. Amended by final exempt rulemaking at 25 A.A.R. 2085, effective 8/27/2019. Amended by final exempt rulemaking at 26 A.A.R. 1473, effective 8/25/2020. Amended by final exempt rulemaking at 27 A.A.R. 1266, effective 9/29/2021. Amended by final exempt rulemaking at 28 A.A.R. 2020, effective 9/24/2022. Amended by exempt rulemaking at 29 A.A.R. 3486, effective 10/30/2023. Amended by emergency rulemaking at 30 A.A.R. 2981, effective 9/14/2024, exp. 3/13/2025 (Emergency).