209.02.02 Ark. Code R. 004

Current through Register Vol. 49, No. 10, October, 2024

Rule 209.02.02-004 - Arkansas Vegetable Plant Regulations

SECTION II. REGULATIONS ON VEGETABLE AND SMALL FRUIT PLANTS.

(NOTE: THE REGULATIONS IN SEC. II PERTAIN ONLY TO PLANTS WHICH ARE GROWN IN NATIVE SOIL. PLANTS PRODUCED IN SOIL LESS MEDIA ARE EXEMPT FROM SECTIONS II. AND IV.)

A.Regulations on the Sale of Vegetable Garden Plants including Sweet Potato and Strawberry Plants. Any person selling, offering for sale, or transplanting for sale any, vegetable garden plants including sweet potato and strawberry plants for planting purposes within or into the State of Arkansas shall meet the following requirements.

1. Sale in bulk is prohibited, except at production site to a local consumer.

2. Each container in which plants are offered for sale shall be conspicuously labeled in legible English language with the following:

a. Name and address of producer

b. Arkansas Permit Number

c. Varietal name

d. If sold in bundles:

1. Number of plants per bundle

2. Number of bundles in container

3. The above information may be stenciled, engraved or embossed on the containers, printed or rubber stamped on tags or labels attached to the containers, or on stakes displayed in each container, or displayed in any combination of these methods desired by the producer.

4. In addition to the above, each bundle of sweet potato plants shall also carry an individual label showing the producer's name and address. Bundle labels shall be supplied by the producer.

5. Every container or bundle which does not display complete labeling as described above shall be subject to an immediate Stop-Sale Order.

6. No Arkansas Permit Number shall be issued for sweet potato plants or vine cuttings originating in an area in which the sweet potato weevil is known to exist.

7.Securing Arkansas Permit Numbers.

a.Arkansas Producers. Permit Numbers will be assigned to Arkansas producers upon receipt of Plant Board application forms and the required inspection fees. Even though a Permit Number has been assigned, no sales shall be made until a producer's plants have been inspected and found reasonably free of insects, diseases and noxious weeds. The Plant Board shall cancel a Permit Number anytime the producer's plants are found infested with insects, plant diseases and noxious weeds which may be disseminated with the plants, as declared in Section 1. Producers who wish to have their own rubber stamps, printed labels, special tags or stakes made with their Permit Number included thereon shall file applications early enough to allow time for this. The Plant Board does not supply labels or tags of any kind for plants.

B.Out-of-State Producers. Arkansas Permit Numbers may be obtained by out-of-state producers by filing:

a. Application forms provided by the Plant Board

b. Official certificates of inspection of state of origin

c. Appropriate Annual Registration fees

If early application, before inspections have been made, should be necessary to allow time for the preparation of rubber stamps, printed labels, special tags or printed stakes with the Arkansas Permit Number included thereon, the application shall be accompanied by a statement from a Plant Regulatory Official of the state involved certifying that the producer's plants will be kept under periodic inspection during the shipping season and that certificates of inspection will be filed with the Plant Board as inspections are made. The statement shall also certify that anytime a producer's plants do not pass inspection the State Plant Board shall be notified so the Arkansas Permit Number can be canceled.

By special permission of the Director, plants may be brought into Arkansas without Permit Numbers, to be inspected by Plant Board inspectors at a specified destination point on arrival, and Permit Numbers issued if plants are found to be reasonably free of diseases, insects and noxious weeds.

Under certain circumstances, a special inspection may be requested by a grower for moving plants into an importing state prior to shipment. Such requests will be charged a fee as listed in Section IV under " Requested Inspection fee".

For fees or charges by the Plant Board, See Section IV, Fees.

SECTION IV. FEES. The following annual and/or item fees shall apply to plants and nursery stock as covered by these regulations:

Vegetable, Garden, Truck and

Strawberry Plants grown in media containing native soil:

Inspection Fee:	500	for each crate, box, bucket or basket of bundled plants.
200	per sq. ft. for plants to be sold from beds or in pots.
$20.00	Minimum Fee

Out-of-State Vegetable, Garden, Truck

and Strawberry Plants grown in media containing native soil:

Registration Fee	500	for each crate, box, bucket or
basket of bundle plants.
$100.00	Minimum Fee
Fees shall be calculated on the
basis of previous sales in
Arkansas or on anticipated sales
(Subject to Audit)
Permits for plants brought
into state under special
permission	500 e	;ach. Plants are inspected at
destination. No
registration fee is
required.

REQUESTED INSPECTION FEE $50.00

for each inspection

requested by the grower.

209.02.02 Ark. Code R. 004

10/3/2002