209.02.11 Ark. Code R. 001
The following plant diseases, insect pests, and noxious weeds under the provisions of the Arkansas Plant Act (A. C.A. ' 2-16- 201 et seq) are hereby declared to be a public nuisance, including anything infected, infested, or contaminated therewith. The extent to which these plant diseases, insect pests and noxious weeds are regulated is covered in this and other Plant Board circulars. Italicized pests are intent of horticulture inspections.
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.
SMALL FRUIT PLANTS.
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.
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, See Section IV, Fees
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
NURSERY LANDSCAPE CONTRACTORS.
Nursery stock as defined in the Nursery Fraud Act (ACA ' 2-21-101 to 113) shall include all field-grown florist stock, trees, shrubs, vines, cuttings, grafts, buds, fruit pits and other seeds of fruit and ornamental trees and shrubs, and other plants and plant products for propagation, except field, vegetable and flower seeds.
All nurseries shall be inspected at least once each year for insect pests, plant diseases, and noxious weeds and a written notice of the findings of such inspection shall be given by the Plant Board to the owner or manager of each nursery. Upon the inspection of the nursery and proper fulfillment by the nurseryman in charge thereof of the requirements and conditions contained in said notice and upon full payment of the fees and costs hereinafter prescribed, the Plant Board shall issue a certificate of inspection. Application for inspection of nurseries must be made by August 15 of each year.
Stock of nursery dealers and that sold by nursery agents shall be inspected from time to time,
inspections to be made in heel yards, in transit, and/or after stock has been sold. Dealers must provide facilities for keeping nursery stock in viable condition, either outdoors or indoors, and inspectors will check such facilities for compliance, as well as infestation of insect pests, plant diseases and noxious weeds.
For fees charges, see 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 | $10.00 | 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 License Fee | $290.00 | |
Level II Inspection Fee | $10.00 | Includes: Heelyard of more than5,000 sq. ft. Up to and including 15,000 sq. ft. |
Level III License Fee | $440.00 | |
$10.00 | Includes: | |
Level III Inspection Fee | 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 nursery has agents selling within the |
Inspection Fee | state. In such cases planting site inspections will be made.) | |
(Inspection fee structure will | ||
be the same as in state.) | ||
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 |
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 | 50 | for each bushel |
Potatoes | ||
Vegetable, Garden, Truck and Strawberry Plants: | ||
(if grown in a medium containing soil) | ||
Inspection Fee | $20.00 | Minimum 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 | |
Out-of-State Vegetable, Garden, Truck and Strawberry Plants: | ||
(if grown in a medium containing soil) | ||
Registration Fee | $100.00 | Minimum Fee: (Fees shall be calculated on the basis of previous sales in Arkansas or on anticipated sales (Subject to Audit) for |
500 | for each crate, box or basket | |
Permits for plants brought | 500 | each. |
into state under special | Plants are inspected at destination. No registration fee is | |
permission | required. |
Phytosanitary Certificates (State Certificate) and Federal Limited Permits. | ||
Issuing Fee | $15.00 Up to | each certificate for non-commercial shipments (valued at less than $1250.00 or as determined by current Federal Regulations.) |
$100.00 | each certificate for commercial shipments (valued at more than $1250.00 or as determined by current Federal | |
Sampling Fee (State or | Regulation.) | |
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.
Sweet Potato Weevil.
Sweet potatoes, or plants or vines thereof, which have been grown or stored in counties or parishes now or hereafter known to be infested with the sweet potato weevil, must not be transported into or stored, used, or distributed within the state of Arkansas, except as follows:
Exception for Canning Plants. Sweet potatoes fumigated as described in Paragraphs 2 and 3 may be brought to canning plants for immediate canning at any time, provided culls and refuse are sterilized at the plant.
Sweet potatoes grown in counties or parishes which are free or which have been declared free of potato weevil will be admitted into Arkansas without fumigation, provided each load is accompanied by a certificate of the quarantine officer of the state where grown, giving name and address of grower, number of bushels in the load, destination of load, name of county or parish where grown, and certifying that said county or parish is free of sweet potato weevil, and the date issued
The Director may refuse further services of the Plant Board to anyone who owes the Board for fees, until the fees are paid or until satisfactory arrangements are made for paying them.
California, Florida, Louisiana and South Carolina. It is a plant feeder and very destructive to many host plants. It is readily transported on infested nursery stock. The shipment, therefore, of nursery stock into Arkansas from infested states, or from any state hereafter found infested with this or any other snail know to be a serious plant pest, shall be subject to the following:
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.
Nursery stock or plant material arriving in Arkansas from an infested state without proper certification will be held under Stop-Sale Order until properly certified, or returned to the shipper at his expense, unless found infested with living Brown Garden Snails or other snails known to be serious plant pests.
Nursery stock or plant material found infested with Brown Garden Snail or any other dangerous plant pest will be destroyed, or fumigated at the shipper's expense, provided the infestation can be eliminated without hazard of spread of the pest during treatment.
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:
"These regulations shall apply in addition to and do not replace any other regulations now given in "Regulations on Plant Diseases and Pests" (Circular 11).
Mother Blocks. All blueberry plants produced in Arkansas shall be grown from cuttings taken from mother blocks which have been established as prescribed by these regulations and kept under rigid inspection and rouging by the State Plant Board. Mother blocks shall be established by one of the following methods:
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.
Mother Blocks:
Production of Blueberry Nursery Stock.
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.
Application of Regulations. 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 or the Arkansas Nursery Fraud Act.
Fees. The nursery license and inspection fees described in Circular 11, Section IV shall apply.
Effective Date. To avoid penalizing plant production by current methods while mother blocks are being established, these regulations shall become effective in two stages. Present plant production practices may be continued until December 31, 1984, after which date all cuttings shall be taken and started as prescribed in these regulations. After December 31, 1986 all cuttings, rooted cuttings and plants produced in Arkansas for sale shall be produced as set forth in these regulations.
The issuance of a certified state of Arkansas plant tag or stamp under this chapter affirms solely that the tagged or stamped blackberry stock has been subjected to certification standards and procedures by the department. The Board disclaims all expressed or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, and plant materials under this chapter.
The Board is not responsible for disease, genetic disorder, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter. No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the Plant Board regarding this chapter.
Parti cipation in the blackberry planting stock certification program is voluntary.
The following specific rules constitute the requirements and standards for classes and sources of blackberry certified stock:
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.
Additional inspections may be performed if deemed necessary.
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 |
This certificate will list the viruses indexed and other details. Each container/plant will be labeled with variety and certification information.
Form and must allow the inspector to take samples of plants or plant parts from any certified planting for inspection and testing purposes. A separate application is required and a $50.00 fee shall be paid for each cultivar/variety unit entered for certification. Each lot or field of each cultivator shall be listed separately on the application. Application for certification inspection for the following year must be filed with the Arkansas State Plant Board, Post Office Box 1069, Little Rock, Arkansas 72203 by Oct. 31, accompanied by the appropriate fees.
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.
Growers to provide guidance and assist in policy decisions during the eradication program, and certified by the Plant Board pursuant to Ark. Code Ann. § 2-16-612.
Zones have been designated in accordance with the Boll Weevil Eradication and Suppression Act (Ark. Code Ann. §§ 2-16-601etseq.)
the Assessment for each eradication zone may be or have been up to the amounts shown below.
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 2011 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 payment shall be an amount equal to the Cotton Grower's Cotton Acreage multiplied by the per acre assessment fee or such amount as is established by the appropriate invoice. Cotton Growers in the Southwest, Southeast, Central, and NE Ridge zones shall make such payments payable to the "Arkansas Boll Weevil Eradication Foundation" and cotton growers in the NE Delta zone shall make payments to "Arkansas State Plant Board" and deliver the payment to the Plant Board, or its designated agent, no later than the payment date established by the invoice, of each year in which such Assessments are payable. Cotton Growers who fail to make the payment by the payment date established by the invoice, shall be subject to a penalty of up to Three Dollars ($3.00) per acre for unpaid acreage, based on planted cotton acreage.
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 in 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:
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.
If during the Boll Weevil Eradication Program seasonal growing conditions promote early maturation and harvesting of cotton in Arkansas, the Plant Board may, upon recommendation from the Arkansas Cotton Grower's Organization, Inc., establish a per acre incentive credit for early stalk destruction. Such incentive credit shall be applied to the Cotton Grower's Assessment for the following year. In the event a Cotton Grower's Certified Acreage in the following year is not sufficient to fully consume the incentive credit in such following year, the Cotton Grower may apply to the Plant Board for a refund of the unused incentive credit, using forms prescribed by the Plant Board. The rate per acre of any such incentive credit, whether uniform for the entire State, or variable, shall be established and made available to all participating Cotton Growers no later than September 1 of the current growing year. No incentive credit established under this paragraph shall be credited or paid to the Cotton Grower by the Plant Board until the date of the Cotton Grower's stalk destruction has been confirmed to the Plant Board by eradication program personnel.
The eradication of the Boll Weevil in an eradication zone shall be in accordance with the USDA National Boll Weevil Cooperative Control Program and shall be executed by the Plant Board and the Arkansas Cotton Grower's Organization, Inc., with the assistance of the USDA Animal and Plant Health Inspection Service. The Final Environmental Impact Statement, dated 1991, issued by the USDA Animal and Plant Health Inspection Service for the National Boll Weevil Cooperative Program is incorporated into these rules.
Pursuant to Ark. Code Ann. § 2-16-611(a), in the event Prohibited Planting Areas are not identified by the date prescribed in Section VII above, or the Plant Board otherwise determines it to be in the best interest of the Boll Weevil Eradication Program, the Plant Board or the Arkansas Cotton Grower's Organization, Inc. may purchase growing cotton. The Arkansas Cotton Grower's Organization, Inc. shall determine the purchase price for such cotton. After such purchase, the Plant Board may manage or dispose of the purchased cotton as it determines best. If the Cotton Grower objects to the purchase price determined by the Arkansas Cotton Grower's Organization, Inc., the Cotton Grower may appeal the determination to the Plant Board within 15 days of the date of such determination. Such appeal must include all information upon which the appealing Cotton Grower bases its appeal. The Plant Board Director shall rule on the appeal within thirty (30) days of the Plant Board's receipt of the appeal. The Director's ruling shall be in writing and mailed to the Cotton Grower and the Arkansas Cotton Grower's Organization, Inc. via first class United States mail.
All cotton planted within the state of Arkansas notwithstanding the size of the acreage or plant is subj ect to the coverage of these rules, provided, however, the Plant Board may designate experimental areas for experiments designed to contribute to the development of scientific knowledge deemed of importance to the production of cotton. Cotton Growers in designated experimental areas and affected thereby, may be exempted from specified requirements of these rules, provided, however, that such Cotton Growers abide by a Compliance Agreement applicable to the experimental areas.
Pursuant to Ark. Code Ann. § 2-16-607(b), Plant Board personnel are authorized to inspect any fields or premises and any property located therein or thereon for the purpose of determining whether such property is infested with the Boll Weevil. Such inspections must be conducted between sunrise and sunset. Such inspections include, but are not limited to, taking of specimens, examining and obtaining records, and applying or supervising treatments to the soil, plants or any regulated articles. This may include removal and destruction of plants, plant parts, or other regulated articles.
Pursuant to Ark. Code Ann. § 2-16-605, the Plant Board may issue rules that restrict entry by unauthorized persons or any other activities affecting, or affected by, the Boll Weevil Eradication Program on any premises in an eradication zone or in any regulated area.
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.)
Ownership of the characteristic with commercial impact must be declared in documents filed with the Plant Board. The appropriate forms for making such declaration will be provided by the Plant Board. All regulatory activities will be handled through that declared owner or such other person or entity as dictated by the owner.
Restrictions specific to the characteristic of economic impact will be contained in the permit.
All seed (including pre-commercial lots of seed, commonly known as breeder seed or parental lines of hybrids prior to production of Foundation Grade seed) used for any planting in 2011 shall undergo testing prior to April 1, 2011 for the purpose of identifying seed lots that contain variants of LLRice.
f Detection Level. Testing shall be conducted to effect detection at the .01% level with a 95% confidence interval. Any sample that has a detection in any portion of the submitted sample shall be ruled as being positive or having a detection within the detection limits.
Testing of rough rice produced from crops planted with seed subjected to the prescribed testing may be carried out in the normal course of commerce. All positive detections arising from that testing shall be forwarded to the Plant Board. Any and all records pertaining to post harvest rough rice testing by any entity, business or individual, shall be made available to the Plant Board upon request.
The Plant Board may undertake random sampling of grain holding facilities (including but not limited to farm storage, seed bins or elevator grain bins) and in seed facilities to enforce the prohibition on planting seed with LL traits.
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 & Counties Currently Affected by Phony Peach Disease
All and | Alabama | Entire State | Regulated Products: peach, plum, apricot, nectarine almond nursery stock. Conditions Governing Shipment: |
Flordia | 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, & Woodruff | ||
Missouri | Dunklin | ||
North Carolina | Counties of Anson, Cumberland, Gaston, Hoke, Polk, & Rutherford | ||
South Carolina | Counties Aiken, Allendale, Bamberg, Barnwell, Cherokee, Chesterfield, Edgefield, Greenville, Lancaster, Laurens, Lexington, Marlboro, Orangeburg, Richland, Saluda, Spartanburg, Sumter, & York | ||
Tennessee | Counties of Chester, Crockett, Dyer, Fayette, Hardeman, Hardin, Lake, Lauderdale, McNairy, Madison, & Weakley | ||
Texas | Counties of Anderson, Bexar, Brazos, Camp, Cherokee, Freestone, Limestone, McLennan, Milam, Rusk, San Augustine, Smith & Upshur. |
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.
Revoked December 2, 1982.
Revoked December 4, 1981.
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 Gibberellafujikuroi (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 Gibberellafujikuroi (bakanae strains) regulated articles from infested areas into Arkansas is hereby restricted.
Quarantine Implementation:
The Arkansas State Plant Board will implement the Gibberellafujikuroi (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:
Regulated 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 Gibberella fujikuroi (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 Gibberella fujikuori (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:
As a condition of issuance of certificates or limited permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating or moving such articles may be required to sign a compliance agreement stipulating that he/she:
Any compliance agreement may be cancelled by the inspector who is supervising its enforcement whenever he finds, after notice and opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement. Any compliance agreement may be cancelled when compliance is no longer required.
Violations and Penalties:
Any violation of these rules may be subj ect to civil penalties under the authority of the Arkansas Plant Act of 1917, A.C. A. Section 2-16-203.
Thousand Cankers Disease (TCD) is a disease complex involving the Walnut Twig Beetle (Pityophthorus juglandis) and a Geosmithia fungus. These organisms attack and eventually kill walnut trees. The disease has spread across the Western United States and poses a serious threat to the native black walnut trees of Arkansas. Black Walnut trees are prized for their edible nuts, valuable lumber, ornamental shade qualities, and as a vital component in the forest ecosystem. This quarantine is in place to keep the disease from spreading into Arkansas from infested areas.
The Thousand Cankers Disease Quarantine shall be effective on filing of the rule. The specific requirements of the quarantine are as follows:
Quarantined areas shall consist of the entire states of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Tennessee, Utah, and Washington; and any other state or foreign country known to be infested.
Except as otherwise provided herein, all commodities and articles covered are prohibited entry into or through Arkansas from areas under quarantine unless specifically listed as exempt (see list below); no person, firm, corporation or other entity shall import, plant, receive for delivery, or otherwise accept or bring into Arkansas any regulated articles from any Thousand Canker Disease of Black Walnut infested area designated by the Arkansas
State Plant Board.
The quarantine is effective until the Arkansas State Plant Board amends the quarantine or determines that the quarantine is no longer necessary.
ADDENDUM "A"
ENFORCEMENT RESPONSE PLAN
PENALTY MATRIX
NURSERY INSPECTION QUARANTINE SECTIONRange of $50.00 to $1,000.00
Other: A: License Review
ENFORCEMENT POLICY
ARKANSAS ADMINISTRATIVE PROCEDURES ACT A.C.A. 25-15-201C:lnvahdatl0not License
* Minor Violation: 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 Violation: 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.
VIOLATION | VIOLATION LEVEL | 1st 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 | 50- 100 | 101-200 | 201-400 | 401-600 |
Major | 100-400 | 401-600 | 601 - 800 | 801 - 1000 | |
Other | A-B-C | c | |||
Violating a compliance | Minor | 50- 100 | 101-200 | 201-400 | 401-600 |
agreement | 100-400 | 401-600 | 601 - 800 | 801 - 1000 |
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 within 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:
Enforcement actions:
* Nature of the characteristic involved
* Number of entities impacted by violation (more than 3 would be major)
* Other Factors deemed appropriate by the State Plant Board Director
* Economic consequences resulting from violation (impacts of more than $1,000.00 are major)
* Quantity of previously approved rice impacted by the violation (more than 500 bushels would be major)
ATTACHMENT I
Subpart A-General
Subpart A - General
The Part 165 regulations establish standards and requirements for pesticide containers, repackaging pesticides, and pesticide containment structures.
Agricultural pesticide means any pes ticide product labeled for use in or on a_
farm, forest, nursery or greenhouse
Appurtenance means any equipment or device which is used for the purpose of transferring a pesticide from a stationary pesticide container or to any refillable container, including but not limited to, hoses, fittings, plumbing, valves, gauges, pumps and metering devices.
Capacity means, as applied to containers, the rated capacity of the container.
Container means any package, can, bottle, bag, barrel, drum, tank, or other containing-device (excluding any application tanks) used to enclose a pesticide. Containers that are used to sell or distribute a pesticide product and that also function in applying the product (such as spray bottles, aerosol cans and containers that become part of a direct injection system) are considered to be containers for the purposes of this part.
Containment pad means any structure that is designed and constructed to intercept and contain pesticides, rinsates, and equipment wash water at a pesticide dispensing area
Containment structure means either a secondary containment unit or a containment pad.
Custom blending means the service of mixing pesticides to a customer's specifications usually a pesticide(s)-fertilizer(s), pesticide-pesticide, or a pesticide-animal feed mixture when:
Terms used in this part have the same meaning as in the Act and part 152 of this chapter. In addition, as used in this part, the following terms shall have the meanings set forth below.
Act means the Federal Insecticide, Fungicide, and Rodenticide Act.
Dilutable means that the pesticide product's labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application or use.
Dry pesticide means any pesticide that is in solid form and that has not been combined with liquids; this includes formulations such as dusts wettable powders, dry flowable powders, water soluble powders, granules, and dry baits.
Establishment means any site where a pesticidal product active ingredient, or device is produced, regardless of whether such site is independently owned or operated, and regardless of whether such site is domestic and producing a pesticidal product for export only, or whether the site is foreign and producing any pesticidal product for import into the United States.
Facility means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person who controls, who is controlled by, or who is under common control with such person).
Nonrefillable container means a container that is not a refillable container and that is designed and constructed for one time use and is not intended to be filled again with a pesticide for sale or distribution. Reconditioned containers are considered to be non-refillable containers.
One-way valve means a valve that is designed and constructed to allow virtually unrestricted flow in one direction and no flow in the opposite direction thus allowing the withdrawal of material from, but not the introduction of material into, a container.
Operator means any person in control of, or having responsibility for, the daily operation of a facility at which a containment structure is located.
Owner means any person who owns a facility at which a containment structure is required.
Pesticide compatible as applied to containers means that the container construction materials will not chemically react with the formulation. A container is not compatible with the formulation if, for example, the formulation:
Pesticide compatible as applied to containment means that the containment construction materials are able to withstand anticipated exposure to stored or transferred substances without losing the capability to provide the required containment of the same or other substances within the containment area.
Pesticide dispensing area means an area in which pesticide is transferred out of or into a container.
Portable pesticide container means a refillable container that is not a stationary pesticide container.
Produce means to manufacture, prepare, propagate, compound, or process any pesticide, including any pesticide produced pursuant to section 5 of the Act, and any active ingredient or device, or to package, repackage, label, relabel, or otherwise change the container of any pesticide or device.
Producer means any person, as defined by the Act, who produces any pesticide, active ingredient or device (including packaging, repackaging, labeling and relabeling),
Refillable container means a container that is intended to be filled with a pesticide more than once for sale or distribution.
Refiller means a person who engages in the activity of repackaging pesticide product into refillable containers. This could include a registrant or a person operating under contract to a registrant.
Refilling establishment means an establishment where the activity of repackaging pesticide product into refill-able containers occurs.
Repackage means, for the purposes of this part, to transfer a pesticide formulation from one container to another without a change in the composition of the formulation, the labeling content, or the product's EPA registration number, for sale or distribution.
Rinsate means the liquid resulting from the rinsing of the interior of any equipment or container that has come in direct contact with any pesticide.
Runoff means surface water leaving the target site.
Secondary containment unit means any structure, including rigid diking, that is designed and constructed to intercept and contain pesticide spills and leaks and to prevent runoff and leaching from stationary pesticide containers.
Stationary pesticide container means a refillable container that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for at least 30 consecutive days, and that holds pesticide during the entire time.
Suspension concentrate means a stable suspension of solid particulate active ingredients in a liquid intended for dilution with water before use.
Tamper-evident device means a device, which can be visually inspected to determine if a container has been opened.
Transport vehicle means a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode.
Washwater means the liquid resulting from the rinsing of the exterior of any equipment or containers that have or may have come in direct contact with any pesticide or system maintenance compound, such as oil or antiireeze.
[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64224, Oct. 29, 2008]
§§ 165.4-165.19 [Reserved]
Subpart B-Nonrefillable Container Standards: Container Design and Residue Removal
[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008]
Eroduct use categories: food andling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools.
percent removal = [ 1.0 - RR] x 100.0, where
RR = rinsate ratio = Active Ingredient concentration in fourth rinsate/Qriginal concentration of active ingredient in the product
[71 FR 47422, Aug. 16,2006, as amended at 73 FR 64225, Oct. 29, 2008]
[71FR 47422, Aug. 16,2006, as amended at
73 FR 64225, Oct. 29,2008]
§§ 165.28-165.39 [Reserved]
Subpart C-Refillable Container Standards: Container Design
[71 FR 47422, Aug. 16,2006, as amended at 73 FR 64226, Oct. 29,2008]
Eroduct use categories: food andling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools.
(e) of this section.
ticides that are gaseous at atmospheric temperature and pressure. [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, Oct. 29, 2008]
[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, Oct. 29, 20081]
You are not required to report to EPA with information about your refillable containers under the regulations in this subpart. You should refer to the reporting standards in part 159 of this chapter to determine if information on container failures or other incidents involving pesticide containers must be reportedto EPA under FIFRA section 6(aX2)(7U.S.C. 136d(a)(2) >
§§ 165.4 8-165.59 [Reserved]
Subpart D-Standards for Repackaging Pesticide Products into Refillable Containers
§ 165.60 General provisions.
[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008]
with if it is not exempt from these regulations?
Requirement | Requirement tor registrants who distribute or sell directly in refillable containers | Requirement tor retillers who are not registrants |
Recordkeeping specific to each instance of repackaging | §165.65(i)(2) | §165.70(0(2) |
Container inspection: criteria regarding a serial number or other identifying code | § 165.65(e)(2) | § 165.70(f)(2) |
Container inspection: criteria regarding one-way valve or tamper-evident device | § 165.65(e)(3) | S 165.70(f)(3) |
Cleaning requirement: criteria regarding one-way valve or tamper-evident device | §165.65(f|(l) | §165.70(g)(l) |
Cleaning if the one-way valve or tamper-evident device is not intact | §165.65(g) | §165.70(h) |
in this subpart to prevent an unreasonable adverse effect on the environment?
[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008]
[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29,20081
\7\ FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29,2008]
(91 You must ensure that each refillable container is properly labeled according to paragraph (i) of this section.
§§ 165.71-165.79 [Reserved]
Subpart E-Standards for Pesticide Containment Structures
[71 FR 42422, Aug, 16, 2006, as amended at 73 FR 64227, Oct. 29,2008]
tainers which are already protected by a secondary containment unit that complies with the provisions of this subpart.
[71 FR 42422, Aug, 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008]
tures, what are the general design re-
quirements? These are the general design requirements for existing containment structures:
[71 FR 42422, Aug, 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008]
ator of a new or existing pesticide containment structure, you must:
[71 FR 42422. Aug, 16,2006, as amended at 73 FR 64227, Oct. 29,2008]
You may combine containment pads and secondary containment units as an integrated system provided the requirements set out in this subpart for containment pads and secondary containment units in §§ 165.85(a) and (b), 165.87(a) and (b) and'§ 165.90, and as applicable, § 8165.85 (cT-(f) and 165.87(c)-(f) are satisfied separately.
As a facility owner or operator subject to the requirements of this subpart, you must maintain the following records, and you must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe:
209.02.11 Ark. Code R. 001