Whereas it has been determined that the very serious insect pest known as the sweetpotato weevil Cylas formicarius elegantulus (Summers) has been found in the State of Mississippi and certain other states, and under provisions of Miss. Code Ann. §69-25- 9, has been declared to be a 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 sweetpotato weevil and under provisions of Miss. Code Ann. §§ 69-25-15 to -25 and § 69-25-35 does declare and give public notice of the establishment of a quarantine (1) Regulated articles; (2) Conditions governing handling, movement, and sale of regulated articles from other states; (3) Conditions governing production, handling, movement and sale of regulated articles within Mississippi; and (4) Regulated areas.
1. Definitions. For the purpose of this quarantine the following shall be construed respectively to mean: a.Certificate (Green Tag). A tag, green in color, issued by the State Entomologist of Mississippi or plant quarantine officials of the state of origin, stating that the sweet potatoes on which such tag is issued were grown, stored, and inspected in a sweetpotato weevil free area.b.Certificate (Pink Tag). A tag, pink in color, issued by the State Entomologist of Mississippi or plant quarantine officials of the state of origin, stating that the sweet potatoes on which such tag is issued were grown, stored, and surveyed by trapping in a regulated area and are found free of the sweetpotato weevil.c.Commissioner. The Commissioner of the Mississippi Department of Agriculture and Commerce.d.Container. A crate, box, basket, sack, or any other type of packaging used to handle or move sweet potatoes or other regulated articles.e.Control area. That portion of any regulated area which is generally infested where control measures are being carried on to retard or prevent the spread of the sweetpotato weevil, but where eradication is not the immediate objective.f.Compliance agreement. A written agreement between an individual, company, or other person engaged in growing, dealing in, processing, or moving regulated articles, and the Bureau of Plant Industry, wherein the farmer agrees to comply with conditions specified in the agreement to prevent the dissemination and spread of the sweetpotato weevil.g.Director. Executive Secretary and Director and/or State Entomologist of the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce.h.Eradication area. That portion of any regulated area where active work and control measures are being applied where eradication is the immediate objective.i.Fumigation. For the purpose of this quarantine, fumigation means the confinement of sweet potatoes in a gas tight chamber, vault, railroad car, van-type truck or under a gas tight tarpaulin (such as polyethylene plastic) or other satisfactory gas tight enclosure for a period of 4 hours at 70° F. into which methyl bromide is released at a rate of 3 pounds per 1,000 cubic feet and the methyl bromide circulated immediately after release, for a period of 30 minutes by means of an electric fan placed in the enclosure to be fumigated before beginning fumigation or by other approved means of circulation. Sweet potatoes to be fumigated must be well cured and free of rot and must be held in a dry, cool, well aerated place for 24 hours following fumigation.j.Infestation. The presence of the sweetpotato weevil in any stage of development, or the existence of circumstances which make it reasonable to believe that the sweetpotato weevil is present.k.Inspector. Any authorized employee of the Bureau of Plant Industry or any other person authorized by the State Entomologist of Mississippi to enforce the provisions of this quarantine.l.Master Certificate. A document issued by an authorized inspector other employee of the Bureau of Plant Industry, or a plant quarantine official of another state, usually covering one shipment or load of sweet potatoes in bulk or in containers destined to a particular point or place in Mississippi for special handling or processing or to cover movement through Mississippi to other states when permitted by other states. Such Master Certificate shall specify place where grown, name and address of distributor or consignor, car number if by rail, tag number of truck and/or trailer and state or registration if by truck and name and address of consignee.m.Moved, movement move. Shipped, deposited for transmission in the mail, offered for shipment, received for transportation, carried, otherwise transported or moved, or allowed to be moved, by any means whatsoever, by any person directly or indirectly.n.Person. This term includes any corporation, partnership, firm, company, joint stock company, society, or association, as well as any individual.o.Pest. The insect known as the sweetpotato weevil, Cylas formicarius elegantulus (Summers), in any stage of development.p.Regulated area. Any county, parish, township, city, or other civil division or part thereof in any state or territory listed in the regulations supplemental hereto as being placed under quarantine, and such other areas as may become infested or deemed to present a hazard of spread of the sweetpotato weevil.q.Regulated articles. Sweetpotato weevil, sweet potatoes, plants, roots, tubers, vines, or any parts thereof, vines or roots of other plants belonging to the genus Ipomoea, or other products and articles of any character whatsoever, the movement of which is regulated by this quarantine.r.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 Regulated Area of this or any other state any of the articles listed in this subsection except in accordance with the conditions prescribed in subsections 3 and 4 below.a. The sweetpotato weevil Cylas formicarius elegantulus (Summers) in any stage of development;b. Sweet potato plants, roots, tubers, vines, or parts thereof;c. Vines or roots of other plants belonging to the genus Ipomoea; ord. Any other articles or means of conveyance of any character whatsoever not covered by the above, when it is determined by an inspector that they present a hazard of spread of the sweetpotato weevil, and the person in possession thereof is so notified.3. Conditions governing handling, movement, and sale of regulated articles from other states: a. From weevil free areas of other states. i. Sweet potatoes entering Mississippi from noninfested states or the sweetpotato weevil free areas of other states, must have attached to each container a Certificate (Green Tag) as defined in paragraph (1)(a), of this quarantine, certifying that the sweet potatoes were grown, stored, and inspected in a sweetpotato weevil free area. It shall be the duty of each store manager or other person purchasing sweet potatoes to inquire of the seller or distributor, the area or source where the sweet potatoes were produced and stored, and if the sweet potatoes were grown or stored in sweetpotato weevil free areas of other states, such store manager or other person making such purchase shall not purchase such sweet potatoes unless there is attached to each container a Certificate (Green Tag) as described herein.ii. Under certain conditions involving the shipment or movement of sweet potatoes from weevil free areas of other states, such as to canning plants, military installations or other designated places for special handling or immediate processing, sweet potatoes may be moved in bulk loads. In such cases, a Master Certificate as defined in paragraph (1)(l.) of this quarantine must be issued on each load.iii. Sweet potatoes produced, stored, and inspected as outlined in paragraphs i. and ii. immediately above, may be moved to any point in Mississippi; PROVIDED, however, that if such sweet potatoes are moved into the sweetpotato weevil Regulated Area of Mississippi or any other state, it shall be unlawful for them to be moved back into the weevil free area of Mississippi, except under all of the following conditions: - Sweet potatoes are shipped to a non-grower wholesale distributor.
- Sweet potatoes are shipped in a sealed container.
- Sweet potatoes are stored in a climate-controlled warehouse where only non-regulated articles are stored.
b. From regulated areas of other states.i. It shall be unlawful for any person to bring into, or cause to be brought into or knowingly purchase or receive sweet potatoes or other Regulated Articles from Regulated Areas of other states except as provided in paragraph ii immediately following.ii. Sweet potatoes originating in Regulated Areas of other states may enter the Regulated Area of Mississippi PROVIDED, there is attached to each container a Certificate (Pink Tag). In the event sweet potatoes moving under the Certificate (Pink Tag) are found infested with the sweet potato weevil, such sweet potatoes shall be destroyed immediately at the expense of the owner or possessor, or at his expense may be fumigated as defined in paragraph (1.)(i.) of this quarantine.iii. The transportation through Mississippi of Regulated Articles from Regulated Areas of other states, en route to other states is hereby prohibited, except when transported by common carriers on through bills of lading or by other than common carriers; PROVIDED, however, that in either case the trucks or other means of transportation must be officially sealed and accompanied by a Master Certificate as defined in paragraph (1.)(l.) of this quarantine.4. Conditions governing production, handling, movement, and sale of regulated articles within Mississippi. a. Sweet potatoes produced in sweet potato weevil free area of Mississippi shall have affixed a Certificate (Green tag) PROVIDED, however, that if such sweet potatoes are moved into the Regulated Area of Mississippi or any other state it shall be unlawful for them to be moved back into the weevil free area of Mississippi except under the conditions set forth in regulation 126(3)(a)(iii).b. Sweet potatoes produced within a Control Area of Mississippi shall meet the following conditions: i. Owners and/or persons in charge of properties within one mile of an infestation of the sweetpotato weevil occurring within the current calendar year and one complete crop year previous shall not save seed sweet potatoes nor produce slips, draws, vines, cuttings, or any parts thereof for propagation purposes.ii. Owners and/or persons in charge of properties infested with the sweetpotato weevil and properties within one mile of an infestation occurring within the current calendar year and the previous complete crop year may make field plantings using the APPROVED GRADE of plants as specified in SECTION 5 of this quarantine or by using plants certified under the provisions of the section 124 of this chapter; PROVIDED, however, such owner and/or person agrees to and signs a Compliance Agreement as defined in paragraph (1.)(f.) of this quarantine to carry out all recommended sanitary, cultural, or insecticidal procedures as recommended by the Bureau of Plant Industry. Failure to sign and comply with such Compliance Agreement will result in nonplanting restrictions.iii. Owners and/or other persons in charge of infested properties shall not plant sweet potatoes closer than 300 yards of the previous year's field.iv. All sweet potatoes remaining on infested properties shall be destroyed by February 1. All sweet potatoes within the Regulated Area shall be harvested by December 1, and the fields thoroughly surface cleaned by the owner or tenant within 15 days of the time of harvesting and in addition such fields shall also be thoroughly plowed or disced at least once by January 15 following the year of production.v. Owners and/or persons in charge of noninfested properties beyond the one mile limit may save and bed his own seed sweet potatoes for use on his own property; PROVIDED, however, such owner and/or person agrees to and signs a Compliance Agreement as defined in paragraph (1.)(f.) of this quarantine to carry out all recommended sanitary, cultural, or insecticidal procedures recommended by the Bureau of Plant Industry. Failure to sign and comply with such Compliance Agreement will result in nonplanting restriction. Plant beds shall be destroyed by July 1.vi. Owners and/or persons in charge of property in the Eradication Area at least two miles from the nearest infested property are eligible for production of the APPROVED GRADE of seed sweet potatoes and plants under the provisions of paragraph 5 of this quarantine.vii. Sweet potatoes grown in the Control Area, after being surveyed (trapped) and found free of the sweetpotato weevil may be moved (1) to points within the Regulated Area of Mississippi and (2) to such areas of other states where such movement is permissible; PROVIDED, there is attached to each container a Certificate (Pink Tag) as defined in paragraph (1)(b) of this quarantine.viii. Sweet potatoes produced in the Control Area may be transported through the weevil free area of Mississippi en route to northern markets when transported by common carriers on through bills of lading or by other than common carriers; PROVIDED, however, that in either case the trucks or other means of transportation must be officially sealed and accompanied by a Master Certificate as defined in paragraph (1)(l) of this quarantine.ix. Sweet potatoes or other regulated articles originating in the Control Area of Mississippi may be moved to any point if fumigated as defined in paragraph (1)(i) of this quarantine; PROVIDED, there is attached to each container a Certificate (Pink Tag) showing that such sweet potatoes have been fumigated.5. An "approved grade" of seed sweet potatoes and plants is established as follows: a. "Approved" seed sweet potatoes and plants i. In order to allow production of seed sweet potatoes or plants for use only within the Regulated Areas, both Eradication and Control Areas, a special grade of certification for seed and plants is hereby established, to be designated as "APPROVED". Such seed or plants may be produced only in the Eradication Area on noninfested properties at least two miles from the nearest sweetpotato weevil infested property.ii. This grade of seed or plants is not to be confused with "GRADE A" or "MISSISSIPPI CERTIFIED GRADE" produced in the weevil free area of Mississippi under the provisions of section 124 of this chapter. Such APPROVED seed or plants shall not be moved, offered for sale, or used outside of the Regulated Area for any purpose and shall be produced under conditions specified below:A. Growers who expect to produce APPROVED seed or plants must make written application to the Bureau of Plant Industry by June 1, of each year on an official application form furnished by the Bureau of Plant Industry. All sales of APPROVED seed and plants must be accompanied by a sweet potato tag, pink in color, marked APPROVED, and in addition the plants must be tied in bundles of 50 or 100 plants each with valid APPROVED certificate tape, provided the bundles are labeled to show the number of plants per bundle. Individual potted plants or rooted vine cuttings may be offered for sale provided a valid APPROVED grade certificate tag is attached to each display crate or container in which individual plants or vine cutting are displayed, or in lieu thereof, individual potted plants or rooted vine cuttings may be offered for sale provided each pot or growth container has tied around each container official APPROVED certificate tape as is required for bundles of plants. Such APPROVED tags and tape must be obtained from the office of the Bureau of Plant Industry. The APPROVED tag shall give the name and address of the grower and the year of production and shall become void on August 31, of each year.B. Sweet potato fields from which APPROVED seed are to be produced must be inspected twice during the growing season at about 30 day intervals by a District Entomologist of the Bureau of Plant Industry. Such fields must be located at least two miles from the nearest known sweetpotato weevil infestation occurring within the current crop year and the previous full crop year. Such fields may be required to be treated with an approved insecticide at rates and intervals recommended by the Bureau of Plant Industry. If, during field inspections, sweetpotato weevils are found or if more than one-tenth (1/10) of one percent (1%) of the plants are found to be infected with stem rot, or soil rot, the sweet potatoes shall be refused certification as APPROVED GRADE.C. All APPROVED GRADE of seed sweet potatoes at time of storage may be required to be treated with an approved insecticide recommended by the Bureau of Plant Industry. APPROVED seed sweet potatoes shall be inspected at least twice while in storage by a District Entomologist of the Bureau of Plant Industry. If, during storage inspection, sweet potato weevils are found or if more than one percent (1%) by weight is infected with black rot or soil rot, certification as APPROVED seed shall be refused.D. The location of seed beds for production of APPROVED plants must be approved by a District Entomologist of the Bureau of Plant Industry. In preparing APPROVED seed sweet potatoes for bedding, they shall be carefully handculled, discarding all sweet potatoes showing black rot, soil rot, or other diseases and then treated with a seed treatment approved by the Bureau of Plant Industry.E. The Bureau of Plant Industry may require treatment of the seedbeds several times with an approved insecticide to prevent the plants from becoming infested with the sweetpotato weevil.F. Inspection of plant beds must be made at least once by a District Entomologist of the Bureau of Plant Industry while plants are in production. Plant beds shall be destroyed after plants are no longer being pulled and no later than July 1.6. Conditions under which regulated articles may be removed from quarantine: a. Control Area. No property located within the Control Area is eligible to be removed from quarantine until general infestations have been cleared up to such an extent that the Control Area or the portion thereof concerned can be reclassified as an Eradication Area.b. Eradication Area. For an area or property within the Eradication Area to be eligible to be removed from quarantine, no sweetpotato weevils shall have been found within a five-mile radius during the current calendar year and one complete crop year previous.7. Waiver of Liability. In recommending or authorizing the use of chemicals as a basis for control and eradication of the sweet potato weevil, it is understood that no liability shall be attached either to the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, or any of its employees or cooperators in the event of injury to the treated product or to the operator, or any other thing.8. Sweet Potato Weevil Quarantine. Areas Quarantined or Regulated. Regulated Area: Claiborne, Jefferson, Hinds, Copiah, Simpson, Lauderdale, Clarke, Adams, Lawrence, Jones, Wayne, Wilkinson, Amite, Pike, Walthall, Marion, Lamar, Forrest, Perry, Pearl River, Stone, George, Jackson, Harrison, Hancock, and any other county which becomes infested with the sweet potato weevil as designated by the State Entomologist.
2 Miss. Code. R. 1-3-01-126
Miss. Code Ann. § 69-25-7Amended September 21, 1976, amended April 3, 1991.