Ariz. Admin. Code § 3-4-229

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-4-229 - Nut Tree Pests

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-201, the following terms apply to this Section:

1. "Brooming" means a phytoplasma disease that drastically reduces nut production and sometimes causes death of the host tree.

2. "Pest" means any of the following, notwithstanding the definition in A.R.S. § 3-201:

a. Pecan leaf casebearer, Acrobasis juglandis;

b. Pecan nut casebearer, Acrobasis nuxvorella;

c. Pecan phylloxera, Phylloxera notabilis; and

d. The phytoplasma disease that causes brooming disease of walnut.

B. Area under quarantine: All states, districts, and territories of the United States except California.

C. Infested area.

1. For the pests in subsection (A)(2)(a) and (b): All states and districts east of and including the states of Montana, Wyoming, Colorado, and New Mexico.

2. For the pest in subsection (A)(2)(c): Alabama, Arkansas, Louisiana, Mississippi, Oklahoma, and Texas.

3. For the pest in subsection (A)(2)(d): All states and districts east of and including Montana, Wyoming, Colorado, and New Mexico.

D. Commodities covered:

1. All species and varieties of the following trees and all plant parts capable of propagation, except the nuts. Plant parts include buds, scions, and rootstocks:

a. Hickory and pecan (Carya spp.);

b. Walnut and butternut (Juglans spp.);

2. All by-products of pruning, harvesting and/or processing, including firewood of a commodity listed in subsection (D)(1).

3. Any used equipment used during the growing, harvesting, care, or maintenance of a commodity listed in subsection (D)(1);

4. Any used container, used in the handling, storage, or transport of a commodity listed in subsection (D)(1).

E. Restrictions:

1. The commodities listed in subsection (D)(1), that are potted in any growing media shall be prohibited from the area under quarantine, unless otherwise exempted by the Associate Director.

2. The commodities listed in subsection (D)(1), that are not potted in any growing media, shall be admitted into Arizona:

a. From the infested area prescribed in subsections (C)(1) and (C)(2) if treated at origin and each lot or shipment is accompanied by a certificate issued by a plant regulatory official affirming the commodity has been treated in accordance with a selected method prescribed in subsection (F)(1), (2), or (5);

b. From an area under quarantine outside the infested area, if each lot or shipment is accompanied by a certificate issued by a plant regulatory official affirming that the commodities originated in a county not known to be infested with the pests listed in subsections (A)(2)(a), (b), and (c).

3. The commodities listed in subsection (D)(1)(b) shall be:

a. Prohibited from entering Arizona from the infested area prescribed in subsection (C)(3);

b. Admitted into Arizona from an area under quarantine outside the infested area prescribed in subsection (C)(3), if each lot or shipment is accompanied by a certificate issued by a plant regulatory official affirming the pest listed in subsection (A)(2)(d) is unknown in the origin county.

4. The commodities listed in subsection (D)(2) are prohibited from entering the state unless treated by a method prescribed in subsection (F)(1), (3), or (5).

5. The commodities listed in subsections (D)(3) and (4) are prohibited from entering the state unless treated by a method indicated in subsection (F)(1),(4) or (5).

F. Treatments:

1. Methyl bromide fumigation at manufacturers recommended rates.

2. A hot-water dip at 140° F or more for a minimum of 30 continuous seconds.

3. Heat treated to an internal temperature of 160º F at the center of the commodity for at least 75 minutes.

4. Used equipment and containers.

a. Steam-cleaned, inspected, and certified free from debris by the origin state, or

b. Cold treatment in a cold storage chamber at or below 0° F for at least seven consecutive days (168 hours).

5. Any other treatment approved by the Associate Director.

Ariz. Admin. Code § R3-4-229

Former Rule, Quarantine Regulation 13. Amended subsections (C), (E) and (G) effective May 5, 1986 (Supp. 86-3). Section R3-1-61 renumbered to R3-4-229(Supp. 91-4). Amended effective January 16, 1996 (Supp. 96-1). Amended by final rulemaking at 6 A.A.R. 41, effective December 8, 1999 (Supp. 99-4). Subsection citation in subsection (E)(1)(b) amended to correct manifest typographical error (Supp. 03-2). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.