209.02.09 Ark. Code R. 002
Any foreign insect, plant disease or weed which may be brought into Arkansas and whose habits and injuriousness under the conditions of agriculture in Arkansas are unknown, is regarded as dangerous and is declared to be a public nuisance.
PROHIBITED PLANT LIST
Plants contained on the following list present such a danger to the natural ecosystems in the state that they are hereby declared prohibited. No plant, seed or any reproductive structure may be sold or utilized in plantings in Arkansas.
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.
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.
For fees or charges by the Plant Board, See Section IV, Fees.
Special Regulations for the Production of Non-Certified Strawberry Plants.
f Red Stele Inspection. If fall-inspected and-passed fields are not dug by February 15, another inspection must be made before they are sold, and if the plants are then found free of disease, a new certificate will be issued which will be valid for the remainder of the shipping season, expiring June 30. Inspectors will dig and examine not less than 100 plants per acre, taking plants from a number of places well-distributed. The location of places of digging plants shall be at the discretion of the inspector. He will make every effort to dig plants in area where red stele is likely to be most evident. Plants will be examined by slicing several roots on each plant so that the stele of the root is exposed. Should even 1 plant show red stele, this will disqualify the entire field (suspected plants will be sent to the University of Arkansas, Plant Pathology Department for confirmation).
Note: For Regulations governing the production of certified, that is, Foundation, Registered, Certified Blue Tag, or Certified Green Tag strawberry plants, contact the Plant Board office.
For fees charged, see Section IV, Fees.
Application forms will be furnished for this purpose. Applicants must agree to get prior approval of bedding sites, bed only Arkansas certified seed, and sell only Arkansas certified plants.
At least one or more inspections of plant beds shall be made during the selling season, and to qualify plants must be reasonably free of diseases, insects, and noxious weeds as declared in Section 1, that may be disseminated with the plants.
At least one storage or bin inspection shall be made on seed potatoes for certification. Potatoes shall be so stored that they are accessible for a complete inspection, and no chance of contamination by other potatoes. If potatoes are found to be free of disease and insects and have qualified in other respects they are eligible for certifications.
For fees charged, see Section IV, Fees.
Stock of nursery landscape contractors shall be inspected from time to time with inspections to be made in heelyards, in transit and/or after stock has been planted. Inspectors will check for viability of stock, infestations of insects, plant disease and noxious weeds.
Nursery landscape contractors that do not maintain a heelyard shall submit a list of no more than 10 contract jobs, which have been completed within the last 12 months, so that inspection of plant materials can be made on site. This list of jobs must be submitted to the Arkansas State Plant Board by May 15th of the preceding licensed year.
For fees charges, 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:
Limited Nurseryman License | $75.00 | Includes: Container or field grown stock solely propagated by themselves of no more than 500 square feet per year. To qualify for the Limited Nurseryman License, please see Section III #6. |
Nurseryman: | ||
Level 1 Inspection Fee including License Fee | $150.00 | Includes: Container Grown Stock-Less than 3 acres. Field Grown Stock - Less than 10 acres. |
Level II Inspection Fee including License Fee | $300.00 | Includes: Container Grown Stock -More than 3 acres up to and including 10 acres. Field Grown Stock - More than 10 acres up to and including 25 acres. |
Level III Inspection Fee including License Fee | $450.00 | Includes: Container Grown Stock-More than 10 acres up to and including 40 acres. Field Grown Stock- More than 25 acres and up to including 70 acres |
Level IV Inspection Fee including License Fee | $600.00 | Includes: Container Grown Stock: More than 40 acres. Field Grown Stock - More than 70 acres |
Nurseries having additional heelyards in locations or towns other than at nursery must obtain dealer's or agent's license for each sales outlet. | ||
Nursery Certificate Tags | 150 | each |
Nursery Dealers: (& Agents) | ||
Level I Inspection Fee | $140.00 | |
Level I License Fee | $10.00 | Includes: Container Grown Stock- Up to and including 5000 sq.ft. heelyard or display area. |
Level II Inspection Fee | $290.00 | |
Level II License Fee | $10.00 | Includes: More than 5,000 sq. ft. Up to and including 15,000 sq. ft. of heelyard or display area. |
Level III Inspection Fee | $440.00 | |
Level III License Fee | $10.00 | Includes: More than 15,000 sq. ft. Dealers having more than one sales outlet or display area must obtain dealer's or agent's license for each separate location. |
Nursery Certificate Tags | 150 | each |
Nursery Landscape Contractors: | ||
Level I Inspection Fee | $140.00 | |
Level I License Fee | 510.00 | Includes: If Landscape contractor maintains a heelyard this covers first 5,000 sq. ft. of that heelyard or display area. Also covers planting site inspection of plants where landscape contractor does not maintain a heelyard or display area. |
Level II Inspection Fee | $290.00 | |
Level II License Fee | $10.00 | Includes: Heelyard of more than5,000 sq. ft. Up to and including 15,000 sq. ft. |
Level III Inspection Fee | $440.00 | |
Level III License Fee | $10.00 | Includes: Heelyards over 15,000 sq. ft. |
Out-of-State Nurseries: | ||
Registration Fee | Not required unless the state in which the nursery is located requires a registration fee of Arkansas nurseries. In such cases an equivalent fee will be charged. | |
License Fee | $10.00 | (These fees apply only if |
Inspection Fee | nursery has agents selling | |
Inspection fee structure will | within the state. In such cases | |
be the same as in state. | planting site inspections will be made.) | |
Horticultural: | ||
Advice Certificate | 1.00 | |
Strawberry Inspection: | ||
State Inspected | ||
Application Fee | 25.00 | Not required when grower is also a nurseryman and has paid nursery fees. |
Inspection Fee | 1.50 | per each 1/4 acre |
Strawberry Inspection: Certified | ||
Application Fee | 50.00 | |
Inspection Fee | 2.00 | per each 1/4 acre |
Certification Tags | 150 | each |
Sweet Potato Certification - Seed | ||
Inspection Fee | 25.00 | for 1st acre, plus $6.00 for each additional acre |
Certification Labels | 150 | each |
Sweet Potato Certification - Plants | ||
Inspection Fee | 10.00 | plus 2 cents per square foot |
Certification Labels | 150 | each |
Non-Certified Sweet Potato Plant | ||
Beds: | ||
Inspection Fee | 10.00 | plus 2 cents per square foot |
Sweet Potato Weevil Inspection: | ||
Inspection Fee: | 10.00 | per acre |
Trapping | ||
Fumigated Sweet Potatoes | 50 | for each bushel |
Unfumigated Sweet Potatoes | 50 | for each bushel |
Vegetable, Garden, Truck and | ||
Strawberry Plants: (if grown in a medium containing soil) | ||
Inspection Fee | 200 | per sq. ft. for plants to be sold |
from beds or in pots. | ||
500 | for each crate, box, bucket, or basket of | |
bundled plants | ||
20.00 | Minimum Fee | |
Out-of-State Vegetable, Garden, Truck | ||
and Strawberry Plants: (if grown in a medium containing soil) | ||
Registration Fee | 500 | for each crate, box 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) for new | ||
producers. | ||
Permits for plants brought | ||
into state under special | ||
permission | 500 | each. Plants are inspected at |
destination. No registration fee | ||
is required. | ||
Phytosanitary Certificates (State Certificate) | ||
Issuing Fee | 15.00 | each certificate |
Sampling Fee (State or Federal) | 7.50 | each certificate when Plant |
Board must take sample. | ||
Reinspection Fee: When an extra trip is made necessary because of late application, because of findings of a previous inspection, or for other reasons, an additional charge may be made as follows: $30.00 for first one-half day or fraction thereof for each inspector, plus $10.00 per hour for each inspector's time in excess of the one-half day.
Stop-Sales Notices. Plant Board inspectors will check for compliance with the regulations contained in Circular 11, as well as the laws under which they are promulgated. Stop-Sale Notices shall be issued for the following reasons:
When a stop-sale notice is issued, a copy shall be given to the person in possession of the stock in question. As specified in the law, it shall be unlawful to sell, transport or dispose of in any way, plants and nursery stock covered by a stop-sale notice, without first having been authorized in writing by the Plant Board. The Plant Board reserves the right to publish a notice of quarantine of stock in the local newspaper against any person when it is deemed necessary for failure to comply with the proper disposal of condemned stock.
The Plant Board will inspect on arrival as many of the fumigated shipments as possible. Should living stages of sweet potato weevil be found in any shipment, or should it be found that any of the provisions of this rule are not being complied with, the Director may invalidate any or all permits issued under this rule. The Director may cause to be destroyed, refumigated or removed from the state, any shipment in which live stages of the weevil are found.
"Unfumigated sweet potatoes may be brought to canneries at any time provided the canner and broker or hauler has a signed Compliance Agreement on file with the Plant Board binding him to the following:
Use of Misleading Words Prohibited. Seed Irish potatoes must not be accompanied by tags, labels, or other devices on which are used the words "Inspected or Certified" or on which are used any other word or words which might suggest a similar meaning, unless said potatoes have in fact been certified as to freedom from disease and as to varietal purity by the official certification agency of the state in which they were grown.
Amended certificates of inspection will also be accepted for nurseries which ship only:
A valid copy of the state of origin certificate of inspection shall be attached to each package, box or bundle of nursery stock shipped into Arkansas, or to the invoice accompanying each bulk delivery of balled and burlapped or container-grown stock.
The movement of tomato plants within or from the above described regulated area is prohibited, except when such plants are produced under inspection of the State Plant Board and in compliance with the following special regulations:
Proof of origin in the form of affidavits or sales invoices or certification tags, shall be required for cuttings, rooted cuttings or plants which are to be used in establishing approved mother blocks if from a source other than the applicant nurseryman's own blocks.
Proof of origin must be provided to the purchaser if the cuttings, rooted cuttings or plants are to be used in the establishment of new mother blocks or for the production of rooted cuttings or container-grown or field-grown plants for sale.
Board means the Arkansas State Plant Board.
Blackberry means cultivated Rubus species and related plants that are considered blackberry botanically.
Cane cutting is a cane section of two or more nodes or buds (length 4-6 inches) to be transplanted to produce a plant.
Crown is the persistent (perennial) base of the plant; the junction between canes and roots (some varieties have buds that arise primarily from the crown).
Director means the director of the State Plant Board or his duly appointed representative.
Hardwood cutting is taken from a mature woody stem for the purpose of propagation.
Indicator plant means any herbaceous or woody plant used to index or determine virus infection.
Indexing is a procedure to determine virus or other pathogen infection by inoculation from the plant to be tested to an indicator plant (grafted onto plant to be tested) or by any other approved method.
Mericlones are plants clonally propagated from a single meristem tip.
Micropropagation is plant multiplication in vitro. Blackberry is propagated in tissue culture by aseptic transfer of meristem tip cultures to produce Nuclear stocks.
Nodal cutting is a cane cutting with a single node to produce a plant.
One-year-old plants means well rooted plants that have developed during one growing season.
Primocane (succulent plants) is the current season's growth that develops from root or basal crown buds.
Root cuttings is a root section with one or more buds.
Softwood cutting is taken from a green, immature, actively growing stem of a woody plant during spring or early summer for the purpose of propagation.
Succulent plant means a small, actively growing plant that is developing from root buds, not having passed through a dormant period.
Virus infected (affected) means presence of a virus (es) or yellows disease agent in a plant or plant part. The word "virus" shall be used hereafter to include yellows disease.
Virus-like means a disorder of genetic or non transmissible origin, or a graft-transmissible disorder resembling a virus disease, including but not limited to diseases caused by viroids and phytoplasmas
Nuclear stock shall be derived from plants that have been micropropagated, indexed, apparently free from other pests, and evaluated in field tests for trueness-to-variety. Nuclear stock may exist as in-vitro tissue culture plantlets or potted plants in a screened greenhouse. Sources of plants grown as nuclear stock must be approved by the State Plant Board.
Foundation stock is produced from Nuclear stock and grown in a greenhouse or screenhouse to exclude insects.
Regi stered stock is produced from Foundation stock in greenhouse, screenhouse, or field.
Certified stock is produced from Registered stock in greenhouse, screenhouse, or field.
Factor | Foundation Stock | Registered Stock | Certified Stock |
Anthracnose | 0 | 2.0 | 5.0 |
Crown and cane gall | 0 | 0.1 | 1.0 |
Nematodes | 0 | 0.05 | 0.1 |
Rust, systemic | 0 | 0 | 0 |
Virus diseases | 0 | 0.05 | 0.5 |
Other diseases | 0 | 0.2 | 0.5 |
Varietal mixture | 0 | 0 | 0 |
Root, cane or crown inhabiting insects | 0 | 0.05 | 0.1 |
XL Application of regulations This certification program is strictly voluntary and these regulations shall apply in addition to and do not replace any regulations covering nursery stock now in effect as covered by Plant Board Circular 11, "Regulations on Plant Diseases and Pests", nor do they replace or supersede any requirement of the Arkansas Plant Act of 1917, A.C.A. 2-16-201 thru 214 or the Arkansas Nursery Fraud Act of 1919, A.C.A. 2-21-101 thru 113.
Southwest Zone shall consist of the following counties: Bradley, Calhoun, Clark, Cleveland, Columbia, Dallas, Garland, Grant, Hempstead, Hot Springs, Howard, Lafayette, Little River, Miller, Montgomery, Nevada, Ouachita, Pike, Polk, Saline, Scott, Sevier, and Union.
Southeast Zone shall consist of the following counties: Arkansas, Ashley, Chicot, Conway, Crawford, Desha (that portion lying south of the Arkansas river), Drew, Faulkner, Franklin, Jackson, Jefferson, Johnson, Lincoln, Logan, Lonoke, Perry, Phillips, Pope, Prairie, Pulaski, Sebastian, St. Francis, Woodruff, and Yell.
Central Zone Area lshall consist of the following counties: Baxter, Benton, Boone, Carroll, Cleburne, Desha (that portion lying north of the Arkansas river), Fulton, Izard, Lawrence, Lee, Madison, Marion, Monroe, Newton, Poinsett ((that portion lying east of the St. Francis River (administered as central zone but operationally handled as part of the Northeast Ridge zone)), Randolph, Searcy, Sharp, Stone, Van Buren, Washington and White.
Central Zone Area 2 shall consist of the following counties: Crittenden, Cross, and Independence.
Northeast Ridge Zone shall consist of the following counties: Clay, Craighead (that portion lying west of the St. Francis river), Green and Poinsett (that portion lying west of the St. Francis river.)
Northeast Delta Zone shall consist of the following counties: Craighead (that portion lying east of the St. Francis river) and Mississippi.
Zones have been designated in accordance with the Boll Weevil Eradication and Suppression Act (Ark. Code Ann. §§ 2-16-601et seq.)
Southwest | Southeast | Central 1 | Central 2 | NE Ridge* | NE Delta |
Year 1 | $15.00 | $15.00 | $15.00 | $15.00 | $10.00 | $8.00 |
Year 2 | $35.00 | $35.00 | $30.00 | $25.00 | $25.00 | $14.00 |
Year 3 | $35.00 | $30.00 | $35.00 | $30.00 | $24.00 | $14.00 |
Year 4 | $25.00 | $35.00 | $35.00 | $30.00 | $24.00 | $TBD |
Year 5 | $20.00 | $35.00 | $35.00 | $30.00 | $22.00 | $TBD |
* NE Ridge Zone (E. Poinsett assessment is same as NE Ridge but instituted a year later.)
During the years (the maintenance period) following the years specified above, the per acre annual Assessment in the Southwest Zone shall not exceed $10 per acre, and the per acre annual assessment in the Southeast and Central Zones shall not exceed $12 per acre. Maintenance assessments in the NE Ridge zone shall not exceed $8 per acre. Establishment of a maintenance program in the N E Delta zone will be determined at the end of the eradication program.
Upon recommendation of the Arkansas Cotton Grower's Organization, Inc., the Plant Board may adjust the annual Assessments within the limits allowed by the referendum then in effect. In the NE Delta zone, annual assessments will be established by Plant Board action. Assessments for 2010 and possibly for additional years, will be set at $14.00 per acre. Such Adjustments may be made at the time and in the manner determined by the Plant Board to be in the best interest of the Boll Weevil Eradication Program. In making such adjustments, the Plant Board may consider facts and information it determines to be relevant, including, but not limited to, climate and environmental conditions, finances and the overall state of the cotton industry.
The producer is responsible for insuring that information delivered to the
Plant Board is correct. The Producer is held ultimately responsible for payment of the assessment and will be subject to appropriate penalties and late fees if assessments are not received. Grower's Compliance Certificates, described below, shall not be issued until the entire Assessment, and any applicable penalty, is paid as required.
Any Cotton Grower who wishes to request an exemption from payment of the Assessment or the penalty or both shall apply for the exemption on forms prescribed by the Plant Board. Except for instances beyond the control of the Cotton Grower, the application for this exemption must be received by the Plant Board at least thirty (30) days before the due date of the Assessment for which exemption is requested. A separate application must be filed for each calendar year for which the Cotton Grower seeks an exemption. Each such application shall contain information on which the Cotton Grower relies to justify an exemption on the basis of undue financial hardship. In the event the application for exemption is not filed within the time prescribed herein, the application shall include information that describes the circumstances that prevented a timely filing. The application form shall include an oath or affirmation of the applicant as to the truth of all information contained in or accompanying the application.
The Plant Board shall forward each completed exemption application form and any information accompanying the form to the Arkansas Cotton Grower's Organization, Inc. The Arkansas Cotton Grower's Organization, Inc. shall determine whether each applicant qualifies for a hardship exemption based on the information contained in or accompanying the application form. If the Arkansas Cotton Grower's Organization, Inc. determines that the payment of the Assessment or the penalty or both would impose undue financial hardship on a Cotton Grower who has applied for an exemption, the Arkansas Cotton Grower's Organization, Inc. may (1) exempt the Cotton Grower from payment of the Assessment or the penalty or both, or (2) permit the Cotton Grower to pay the Assessment or penalty or both on an installment payment plan and prescribe the payment schedule.
Upon making a determination on any application for exemption, the Arkansas Cotton Grower's Organization, Inc. shall notify the Plant Board of its determination, which shall be binding on the applicant. The Plant Board shall then promptly notify the affected Cotton Grower in writing of the determination. If an exemption is denied, the Assessment and penalties for the year in which the application is made will be due at the time they would otherwise have been due if the application had not been filed, or within thirty (30) days after the date of the notice of the determination, whichever is later.
These regulations are established to carry out the provisions as specified in Act 1238 (An Act to Assign To The Arkansas State Plant Board Specified Powers, Duties and Responsibilities, Including The Duty To Develop And Enforce Regulations Relating To Rice Identified As Having Characteristics Of Commercial Impact; And For Other Purposes.)
f State Plant Board - the agency charged with developing and enforcing regulations relative to, but not limited to, matters affecting agricultural plant production, g. Certification - in the context of these regulations, shall mean the approval of specific varieties, strains, selections or lots of rice for production in the state, h. Scientific Review Committee - a group of individuals each of whom is known by the
Plant Board Director to have knowledge of scientific, industrial or business elements that would aid in the evaluation of the material under consideration, i. Research - activities that involve growing rice plants, harvesting rice grain and/or performing chemical, mechanical or other pertinent operations on the plants and/or grain in order to accurately measure/define/develop the characteristics exhibited by the material.
Revoked December 9, 1983 after two (2) successive years of negative annual surveys.
Whereas, it has been determined, and so declared, that a serious insect pest, the imported fire ant, (Solenopsis saevissima richteri Forel), is known to exist in Arkansas, and is known to be a serious pest of humans, crops, livestock, and wildlife.
Whereas, the fire ant may be disseminated by the transportation or movement of the following products or substances:
Revoked November 10, 1972, after eight (8) successive years of negative annual surveys.
Standard State Quarantine Order No. 2, as Revised June 13,1951
Effective on and after July 2,1951
DISEASE: Phony Peach, a virus disease of peach and certain other stone fruits. State and Counties Currently Affected by Phony Peach Disease
Alabama: | Entire State |
Florida: | Entire State |
Georgia: | Entire State |
Louisiana: | Entire State |
Mississippi: | Entire State |
Arkansas: | Counties of Arkansas, Ashley, Bradley, Chicot, Columbia, Crittenden, Cross, Desha, Drew, Hempstead, Howard, Jefferson, Lafayette, Lee, |
Lincoln, Little River, Miller, Monroe, Nevada, Phillips, Pike, Poinsett, St. Francis, Sevier, Union and Woodruff. | |
Missouri: | County of Dunklin |
North Carolina: | Counties of Anson, Cumberland, |
Gaston, Hoke, Polk, and Rutherford | |
South Carolina: | Counties of Aiken, Allendale, Bamberg, Barnwell, Cherokee, Chesterfield, Edgefield, Greenville, Lancaster, Laurens, Lexington, Marlboro, Orangeburg, Richland, Saluda, Spartanburg, Sumter and York |
Tennessee: | Counties of Chester, Crockett, Dyer, Fayette, Hardeman, Hardin, Lake, Lauderdale, McNairy, Madison and Weakley |
Texas: | Counties of Anderson, Bexar, Brazos, Camp, Cherokee, Freestone, Limestone, McLennan, Milam, Rusk, San Augustine, Smith and Upshur. |
REGULATED PRODUCTS:
All peach, plum, apricot, nectarine and almond nursery stock.
CONDITIONS GOVERNING SHIPMENT:
Transportation by any means whatsoever of the regulated products from any regulated area either into, or within, or from the State of Arkansas, is permitted only when there is securely attached to the outside of each shipment a valid nursery inspection certificate issued by an authorized official of the state of origin and bearing the name and address of the consignor of the regulated articles contained therein.
REQUIREMENTS FOR CERTIFICATION:
Certificates or permits shall be issued only on the following conditions:
REMOVAL OF AREAS FROM REGULATIONS:
When satisfactory evidence has been presented that no phony peach disease has been found for a period of three years in any county or state affected by this quarantine, said county or state shall be removed from these regulations.
SHIPMENT OF REGULATED PRODUCTS FOR SCIENTIFIC PURPOSES:
Regulations of this quarantine do not apply to shipments of regulated products to the United States Department of Agriculture or to other recognized institutions for scientific purposes except that a special permit must be secured for the entry into or movement within the State of Arkansas of such products.
For information concerning Pink Bollworm quarantine, request Circular 16.
Adopted March 11,1983 after proclamation of a State Emergency by Governor Bill Clinton. For information request a copy of the quarantine.
Revoked June 30, 1975 at the same time the Federal quarantine was revoked.
The Arkansas State Plant Board has found and determined and does hereby declare the fungus Gibberella fujikuroi (bakanae strains), causal agent of the rice disease Bakanae, commonly known as "foolish seedling disease", a public nuisance, a pest and a menace to the rice industry.
The purpose of this quarantine is to prohibit introduction of the disease and its causal agent into rice production areas of Arkansas. The movement of Gibberella fujikuroi (bakanae strains) regulated articles from infested areas into Arkansas is hereby restricted.
QUARANTINE IMPLEMENTATION:
The Arkansas State Plant Board will implement the Gibberella fujikuroi (bakanae strains)/Bakanae or Foolish Seedling Disease of Rice-quarantine immediately upon adoption of the regulations. Regulatory action will be implemented at the discretion of the Board.
DEFINITIONS:
Certificate-A document issued or authorized by the Arkansas State Plant Board, or regulatory official of the state of origin, indicating that a regulated article is not contaminated with Gibberella fujikuroi (bakanae strains), or has been treated in such a manner as to eliminate the organism. Such articles may be moved to any destination.
Compliance Agreement-A written agreement between the Arkansas State Plant Board and any person engaged in growing, dealing in or moving regulated articles wherein the latter agrees to comply with conditions specified in the agreement to prevent the dissemination ofGibberella fujikuroi (bakanae strains).
Exemptions-Provisions contained in these Regulations which allow for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.
Farm Operator-Person responsible for the production and sale of a rice crop on any individual farm.
Infected-Presence of the causal organism on or in seed or any plant part that may or may not sustain and support the living and reproduction of the organism.
Infested-Actually infested with the organism or so exposed to infestation that it would be reasonable to believe that an infestation exists.
Inoculum-Spores or any other part of the causal organism that might serve to cause the organism to survive and reproduce on any plant or plant part that it comes into contact with.
Inspector-Any authorized employee of the Arkansas State Plant Board, or any other person authorized by the Arkansas State Plant Board to enforce the provisions of these rules.
Limited Permit-A document issued or authorized by the Arkansas State Plant Board or a designated regulatory official to provide for the movement of regulated articles to restricted destination for limited handling, utilization or processing or for treatment.
Mill Operator-A person responsible for the operation of a manufacturing plant, and all facilities of that plant, involved in the processing, packaging or handling of rough rice and rice products.
Milled Rice-Rice that has been subjected to processing to produce products from rough rice.
Milling Rice-Rice that has been produced, handled, acquired and destined for processing through a mill.
Person-Any individual, corporation, company, society, association or other business entity.
Regulated Area-Any state or any portion of such state that is known to be infested with Gibberella fujikuroi (bakanae strains).
Research Rice-Any rice seed or rice plant parts that are to be used in a recognized research project conducted by a state or federal program under the supervision of a trained and credentialed professional staff that has in place proper safety programs to prevent the accidental release and/or spread of the disease.
Rice Mill-Any manufacturing plants and all associated facilities that are involved in processing rough rice to produce rice related products.
Rice-All parts of rice and wild rice plants of the genera Oryza.
Rice Hulls-The outer covering of the rice seed that usually is removed in the milling process.
Rice Production Area-Any area utilized in the growing of rice plants for production of the plant and/or subsequent seed for harvesting.
Rice Products-Any commodity or product that has been produced from any part of the rice plant and may contain parts of the original plant structure or they may be unrecognizable as having originated from the rice plant because of being subj ected to additional processing.
Rice Mill Waste-Any trash or discarded material that was originally contained or in contact with rice plants, seed or other plant parts utilized in a milling process.
Rough Rice-Rice seed harvested, handled and transported in the same form it was in immediately following harvest and removal from the rice plant.
Seed Assay-Any test available to be applied to a sample, lot or other quantity of seed to determine the presence of Gibberella fujikuroi (bakanae strains).
Seed Rice-Seed removed from the rice plant and subjected to such processing as to make the seed suitable for use as planting material for subsequent rice crops. This processing may include but is not limited to cleaning, treating and bagging. Depending on the handling and products applied to this seed it may or may not be suitable for human consumption.
Treatment-Any process that may be applied to rice seed or other plant parts in an attempt to modify/or affect the presence of Gibberella fujikuroi (bakanae strains).
Used Rice Equipment-Any equipment previously used to harvest, strip, transport, destroy or process rice.
REGULATAED ARTICLES:
The following are regulated under the provisions of this Section:
CONDITIONS GOVERNING THE MOVEMENT OF REGULATED ARTICLES:
The following conditions govern the movement of regulated articles:
QUARANTINE AREA:
Any rice production area where Gibberellafujikuroi (bakanae strains) and/or Bakanae (Foolish Seedling Disease) have been confirmed to occur.
INSPECTION AND DISPOSAL:
An inspector is authorized to stop and inspect any regulated article moving into a rice production area. Any article found to be infested with Gibberellafujikuori (bakanae strains) or having originated in an area where Gibber ellafujikuori (bakanae stains) is known to occur and not certified, shall be subject to treatment or confiscation and destruction, without compensation, as required by the Arkansas State Plant Board.
COMPLIANCE AGREEMENT:
VIOLATIONS AND PENALTIES:
Any violation of these rules may be subject to civil penalties under the authority of the Arkansas Plant Act of 1917, A.C.
ADDENDUM "A"
ENFORCEMENT RESPONSE PLAN
PENALTY MATRIX
NURSERY INSPECTION QUARANTINE SECTIONOther: A: License Review
Range of $50.00 to $1,000.00ENFORCEMENT POLICYB: Probation
ARKANSAS ADMINISTRATIVE PROCEDURES ACT A.C.A. 25-15-201 C: Invalidation of License
Minor V iolation: A violative incident which does not involve human health, safety, or endanger the environment; or other incidents of non-compliance which do not create a competitive disadvantage for licensees in full compliance.
Major V iolation: A violative incident which affects human health, safety, or the environment; or other incidents of non-compliance which create a competitive disadvantage over licensees in full compliance; or a history of repetitive violative incidents.
V IOLATION | VIOLATION LEVEL | Level of Enforcement | 2nd Level of Enforcement | 3rd Level of Enforcement | 4th Level of Enforcement |
Failure to Secure a License or Permit Number | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c | |||
Failure to Fulfill Contracts or Other Related replacements or adjustments | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c | |||
Misrepresentation for the purpose of deceiving or defrauding | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c |
Repeated sales of poor quality | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c | |||
Unable to produce required records | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c | |||
Buying, digging, or possessing Ginseng out of season without proper documentation | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c | |||
Shipped or moved regulated articles from a quarantine area without proper treatment or certificate | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | Material will be returned to seller at seller's expense, or treated on site with a labeled and approved pesticide by a licensed Pest Control operator. | Material will be returned to seller at seller's expense, or treated on site with a labeled and approved pesticide by a licensed Pest Control operator. | A-B-C Material will be returned to seller at seller's expense, or treated on site with a labeled and approved pesticide by a licensed Pest Control operator. | c Material will be returned to seller at seller's expense, or treated on site with a labeled and approved pesticide by a licensed Pest Control operator. | |
Failure to label in accordance with the law and regulations | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c | |||
Selling, transporting or disposing of in anyway, plants and nursery stock covered by a stop-sale notice | Minor Major Other | 50- 100 100 - 400 | 101 -200 401 - 600 | 201 - 400 601 - 800 A-B-C | 401 - 600 801 - 1000 c |
Violating a compliance agreement | Minor | 50- 100 | 101 -200 | 201 - 400 | 401 - 600 |
Major | 100 - 400 | 401 - 600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c |
ADDENDUM "B"
ENFORCEMENT RESPONSE PLAN
PENALTY MATRIX CHENIERE RICE REGULATIONS
VIOLATION | Violation Level | 1st Level of Enforcement | 2nd Level of Enforcement | 3rd Level of Enforcement | 4th Level of Enforcement | ||||
Enforcement Action | Civil Penalty Fine | Enforcement Action | Civil Penalty Fine | Enforcement Action | Civil Penalty Fine | Enforcement Action | Civil Penalty Fine | ||
1 .Sells, offers for sale, plants, produces, harvests, stores, distributes, transports, or processes (conditions) for planting Cheniere or other Rice seed identified as having characteristics of commercial impact. | Minor* | A | |||||||
Major* | A, B | $30,000 - $50,000 per unit per day violation continues | A,B,C | $50,000 - $75,000 per unit per day violation continues | A,B,C | $75,000-$100,000 per unit per day violation continues | A,B,C | $100,000 per unit per day | |
2. Transporting any rice seed identified as having characteristics of commercial impact across state lines | Minor | A | |||||||
Major | A,B | $30,000 - $50,000 per unit per day violation continues | A,B,C | $50,000 - $75,000 per unit per day violation continues | A,B,C | $75,000-$100,000 per unit per day violation continues | A,B,C | $100,000 per unit per day | |
3.Representing rice seeds/grain which is indistinguishable by seed characteristics to be a variety without characteristics of commercial impact, without having adequate information for such representation. | Minor* | A | |||||||
Major* | A,B | $30,000 - $50,000 per unit per day violation continues | A,B,C | $50,000 - $75,000 per unit per day violation continues | A,B,C | $75,000-$100,000 per unit per day violation continues | A,B,C | $100,000 per unit per day | |
4 Failure to obtain required test data on planting rice seed sold, offered for sale or distributed withm or into Arkansas | Minor | ||||||||
Major | A,B | $30,000 - $50,000 per unit per day violation continues | A,B,C | $50,000 - $75,000 per unit per day violation continues | A,B,C | $75,000-$100,000 per unit per day violation continues | A,B,C | $100,000 per unit per day | |
*Minor or Major determined by 1) nature of the characteristic involved 2) economic consequences resulting from violation (impacts of more than $1000.00 are major); 3) number of entities impacted by violation (more than 3 would be major); 4) quantity of previously approved rice impacted by the violation (more than 500 bushels would be major); 5) other factors deemed appropriate by the State Plant Board Director.
Enforcement actions:
209.02.09 Ark. Code R. 002