Whereas it has been determined the destructive insect known as the Formosan subterranean termite, Coptotermes formosanus Shiraki which occurs in limited areas in the State of Mississippi and other species of the genus Coptotermes which have the potential for being introduced in the State of Mississippi and under provisions of Miss. Code Ann. § 69-25-9, have been declared to be public nuisance. Now, therefore, the Director, Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, by virtue of powers vested in him by the Commissioner, by authority granted under Miss. Code Ann. § 69-25-7 does establish a quarantine to prevent the spread of the Formosan subterranean termite and under provisions of Miss. Code Ann. § 69-25-25 does declare and give public notice of the establishment of a quarantine as set forth in the following subsections:
1. Definitions: For the purpose of this quarantine and regulations, the following shall be construed respectively to mean:a. Bureau. The Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce.b. Commissioner. The Commissioner of Agriculture and Commerce or his duly authorized designee.c. Formosan termite. Coptotermes formosanus and all other termites in the genus Coptotermes.d. Infested. The presence of live Formosan termites or articles exposed to an infestation with evidence of an infestation.e. Inspector. Any authorized employee of the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, its cooperators or any other person authorized by the commissioner or the Director of the Bureau of Plant Industry to enforce the provisions of the quarantine and regulations.f. Scientific permit. A document issued by the Director and/or State Entomologist to allow the movement to a specific destination of regulated articles for scientific purposes.2. No person shall move from any quarantined area of this or any state any of the articles listed as regulated except in accordance with the conditions prescribed in this section. (See paragraph 3 of this section.) a. Any stage of development of the Formosan termite, Coptotermes formosanus and other species of the genus Coptotermes.b. Railroad cross ties that have been in contact with soilc. Utility poles that have been in contact with soil d. Firewood that has been in contact with soil e. All cellulose material that has been in contact with soil f. Any other products, articles or methods used to transport any type article whatsoever when it is determined by an inspector that they present a risk of spread of the Formosan termite and the person in possession thereof has been notified in writing.3. Conditions governing handling, movement and sale of regulated articles:a. When an inspector deems the article free of Formosan termites.b. When the article has been properly fumigated by a licensed and/or commercially certified pesticide applicator and proof of treatment is present with article.c. Articles found in violation of these regulations shall be destroyed and/or disposed of in a manner approved by the commissioner at the expense of the person or persons responsible for the regulated article or shipped back to the point of origin. If shipped back to the point of origin, the owner of such materials shall be responsible for payment of all costs associated with the return shipment. Shipments being returned to the point of origin must be sealed in a manner approved by the commissioner and cannot stop until reaching the point of origin.4. Regulated areas: All counties or parishes within the state or from another state that are known to be infested with Formosan termites: a. Mississippi: Adams, Amite, Covinton, Forrest, George, Greene, Hancock, Harrison, Hinds, Jackson, Jasper, Jones, Lamar, Lauderdale, Lincoln, Madison, Marion Pearl River, Rerry, Pike, Rankin, Smith, Stone, Walthall, Wilkinson.b. Other States: i. Alabama (Counties) - Baldwin, Calhoun, Lee, Mobileii. California (County) - San Diegoiii. Florida - All of Stateiv. Georgia (Counties) - Chatham, Cobb, Dekalb, Fayette, Gwinnett, Paulding vi. Louisiana (Parishes) - Ascension, Assumption, Beauregard, Calcasieu, Cameron, East Baton Rouge, Iberia, Iberville, Jeff Davis, Jefferson, Lafayette, LaFourche, Orleans, Plaquemines, Quachita, Sabine, St. Benard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terreborne, Vermillion, Washington, and West Baton Rouge,viii. North Carolina (Counties) - Brunswick, Rutherfordix. South Carolina (Counties) - Beaufort, Berkeley, Charleston, Dorchester, Orangeburg, Yorkx. Tennessee (County) - Shelby xii. Texas (Counties) Angelina, Aransas, Bexar, Dallas, Denton, Galveston, Hidalgo, Harris, Jefferson, Liberty, Nueces, Orange, Smith, Tarrant5. Inspection and actions to correct: a. An inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving into, within or from the state when probable cause occurs to believe that such means of conveyance or articles are infested with the Formosan termite.b. An inspector may seize any articles found to be in violation of these regulations.c. An inspector may have the articles properly fumigated, destroyed or disposed of in a manner approved by the commissioner. All costs associated with treatments, destruction or disposal shall be paid by the owner.6. Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions; provided, a scientific permit is securely attached to the container or the article itself.2 Miss. Code. R. 1-3-01-135
Miss. Code Ann. § 69-25-7.Adopted January 22, 2002. Amended September 1, 2004.