8 Colo. Code Regs. § 1203-13, pt. 2

Current through Register Vol. 48, No. 1, January 10, 2025

Part 2 - QUARANTINE FOR LATE BLIGHT

2.1. Imported Seed Potatoes

2.1.1. A quarantine is imposed against seed potatoes imported into the San Luis Valley. Pursuant to said quarantine, seed potatoes may be imported into the San Luis Valley under the terms and conditions set forth in Parts 2.1.2 through 2.1.5.

2.1.2. Imported seed potatoes shall be certified and accompanied by 1) a certificate which shows proof of field inspection, 2) a North American Plant Health Certificate ("NAPHC") issued by the certifying authority for seed potatoes where the seed potatoes were grown, and 3) laboratory results of a 21-day incubation bioassay test documenting that a representative sample of tubers (at least 400) from the lot(s) was tested for late blight.

2.1.2.1. For nuclear seed stock, the NAPHC may be used as the field inspection document if the greenhouse visual observations and dates of those observations are recorded on the NAPHC. Otherwise, an additional document must be presented that indicates the dates of and all relevant information observed during each visual observation made while the nuclear seed stock was growing in the greenhouse or grow room.

2.1.2.2. Nuclear seed stock no older than mini-tubers that originates within Colorado and is part of the seed potato certification program may have a sample size of at least 5 tubers sent to the Colorado Potato Certification Service Disease Laboratory for late blight testing.

2.1.2.3. Nuclear seed stock no older than mini tubers of any size lot that originates outside of Colorado must have laboratory test results as required in Part 2.1.2. prior to entering the San Luis Valley; however, the numbers of tubers tested may be less than 400 tubers provided the sample is representative of the lot and provided it includes a minimum of 5 tubers.

2.1.2.4. Small lots of seed potatoes intended for research and development must be accompanied by the documents described in Part 2.1.2. when those potatoes enter the San Luis Valley. However, the number of tubers tested may be less than 400 tubers provided the sample is representative of the lot and provided it includes a minimum of 5 tubers.

2.1.3. If the field inspection certificate, NAPHC, or the laboratory test results indicates that late blight was present during growing or loading, or no statement is made on the field inspection certificate or on the NAPHC concerning the presence or absence of late blight, the lot(s) to which said certificates pertain shall not be unloaded, and, pursuant to § 35-4-109, shall be removed from the state within forty-eight (48) hours or shall be destroyed by the Commissioner.

2.1.4. Subject to Part 2.1.2.1., any lot(s) that are not accompanied by afield inspection certificate, an NAPHC and laboratory test results shall not be unloaded, and, if any or all certificates cannot be produced within forty-eight (48) hours, pursuant to § 35-4-109, shall be removed from the state within forty-eight (48) hours or shall be destroyed by the Commissioner.

2.1.5. Subject to Part 2.1.2.1., if the field inspection certificate, NAPHC, and the laboratory test results indicate that no late blight was present during the growing, loading, or testing, the lot(s) to which said certificates pertain shall be reinspected during the unloading process. Except for nuclear seed stock, for which only a review of records for compliance with Part 2.1.2.1. is required, and except for seedling mini-tubers derived from true potato seeds for which only a visual inspection of 100% of the lot(s) for compliance with Part 2.1.2.1. is required. Random sampling of the lot(s) shall be taken and any tubers showing symptoms of late blight shall be tested. Any lot(s)showing symptoms of late blight shall be placed in a bin and held at the place where reinspection occurred, or they shall be placed in a truck owned by the receiver of said lot(s) and held at the place where reinspection occurred, pending results of testing. If late blight is confirmed by testing, the lot(s)must be removed from the state or destroyed within seventy-two (72) hours.

2.2. Transportation

2.2.1. From June 1 to September 10 of each year:

2.2.1.1. All cull potatoes must be transported in a vehicle that is constructed and tarped or covered to prevent any potatoes from escaping and minimize the potential for spores to escape.

2.2.1.2. Any potato shipments imported from outside the San Luis Valley must be transported in a vehicle that is constructed and tarped or covered until the shipment is unloaded to prevent any potatoes from escaping and minimize the potential for spores to escape.

2.3. Cull Management

2.3.1. If culls are made permanently nonviable by chemical or mechanical means prior to leaving the storage, processing or packing facility, no further management is required.

2.3.2. If culls are not processed as set forth in Part 2.3.1, one of the following management measures shall be used:

2.3.2.1. From June 1 through September 10 of each year, All cull potatoes shall be destroyed within seventy-two (72) hours utilizing one of the methods set forth below:

2.3.2.1.1. Composting, under the following conditions:

2.3.2.1.1.1. Any person who intends to use composting as a means of cull management shall notify the Department of such intent, prior to beginning composting;

2.3.2.1.1.2. Composting, as used herein, is the hot aerobic (oxygen-requiring) decomposition of organic materials including culls by microorganisms under controlled conditions. Each compost windrow or pile shall be marked with an identification number. Temperature readings of each windrow or pile shall be taken and recorded daily at a maximum of 50-foot intervals along each windrow. Compost windrows or piles shall reach temperatures of 130 degrees Fahrenheit or higher for a minimum of fifteen (15) separate daily readings to ensure destruction of late blight or other plant pathogens. Written records of the temperature readings shall be maintained for a period of one year and made available to the Department upon request to the compost operator; and

2.3.2.1.1.3. Inspections of the composting operation and records will be performed by the Department at regular intervals.

2.3.2.1.2. Ensiling;

2.3.2.1.3. Processing, such as for starch;

2.3.2.1.4. Burying, if lawful under applicable statutes, rules, or ordinances; or

2.3.2.1.5. Utilizing for livestock feed, under the following conditions:

2.3.2.1.5.1 Within seventy-two (72) hours of receiving the culls, the feeder shall feed the culls or cut, chop, or grind them to make them nonviable;

2.3.2.1.5.2. Culls not fed or processed as described in Part 2.3.2.1.5.1 or culls being stored prior to feeding or processing shall be completely covered with a tarp;

2.3.2.1.5.3. The unprocessed culls shall be consumed within forty-eight (48) hours of feeding;

2.3.2.1.5.4. Any person who intends to utilize culls for animal feed during this time period shall notify the Department of such intent, prior to beginning to feed culls; and

2.3.2.1.5.5. Regular inspections of the feeding operation will be performed by the Department.

2.3.2.2. From September 11 to March 31 of each year,

All culls shall be destroyed utilizing one of the methods set forth below:

2.3.2.1. Composting, under the following conditions:

2.3.2.1.1. Any person who intends to use composting as a means of cull management shall notify the Department of such intent, prior to beginning composting;

2.3.2.1.2. Composting, as used herein, is the hot aerobic (oxygen-requiring) decomposition of organic materials including culls by microorganisms under controlled conditions. Each compost windrow or pile shall be marked with an identification number. Temperature readings of each windrow or pile shall be taken and recorded daily at a maximum of 50-foot intervals along each windrow. Compost windrows or piles shall reach temperatures of 130 degrees Fahrenheit or higher for a minimum of fifteen (15) separate daily readings to ensure destruction of late blight or other plant pathogens. Written records of the temperature readings shall be maintained for a period of one year and made available to the Department upon request to the compost operator; and

2.3.2.1.3. Inspections of the composting operation and records will be performed by the Department at regular intervals.

2.3.2.2. Ensiling;

2.3.2.3. Processing, such as for starch;

2.3.2.4. Burying, if lawful under applicable statutes, rules, or ordinances;

2.3.2.5. Utilizing for livestock feed;

2.3.2.6. Spreading uniformly on the soil surface to a depth no greater than three (3) inches so that the culls are made nonviable by freezing or desiccation; or

2.3.2.7. Treating pursuant to label directions with a pesticide effective for the destruction of volunteer potato plants.

2.3.2.3. From April 1 to May 31 of each year,

All culls shall be destroyed utilizing one of the methods set forth below:

2.3.2.3.1. Composting, under the following conditions:

2.3.2.3.1.1. Any person who intends to use composting as a means of cull management shall notify the Department of such intent, prior to beginning composting;

2.3.2.3.1.2. Composting, as used herein, is the hot aerobic (oxygen-requiring) decomposition of organic materials including culls by microorganisms under controlled conditions. Each compost windrow or pile shall be marked with an identification number. Temperature readings of each windrow or pile shall be taken and recorded daily at a maximum of 50-foot intervals along each windrow. Compost windrows or piles shall reach temperatures of 130 degrees Fahrenheit or higher for a minimum of fifteen (15) separate daily readings to ensure destruction of late blight or other plant pathogens. Written records of the temperature readings shall be maintained for a period of one year and made available to the Department upon request to the compost operator; and

2.3.2.3.1.3. Inspections of the composting operation and records will be performed by the Department at regular intervals.

2.3.2.3.2. Ensiling;

2.3.2.3.3. Processing, such as for starch;

2.3.2.3.4. Burying, if lawful under applicable statutes, rules, or ordinances;

2.3.2.3.5. Utilizing for livestock feed; or

2.3.2.3.6. Treating pursuant to label directions with a pesticide effective for the destruction of volunteer potato plants.

2.4. Producer Reports

Any person who plants imported seed potatoes in the San Luis Valley shall report to the Commissioner annually, not later than June 1, the location (section, township and range) where such seed potatoes were planted and not later than October 1, as to whether late blight did or did not appear after planting.

8 CCR 1203-13, pt. 2

40 CR 23, December 10, 2017, effective 12/30/2017

42 CR 05, March 10, 2019, effective 3/30/2019