Ariz. Admin. Code § 3-4-239

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

Section R3-4-239 - Imported Fire Ants

A. Definitions.

"Pest" means any species of imported fire ants, including Solenopsis invicta and Solenopsis richteri, notwithstanding the definition in A.R.S. § 3-201.

B. Area under quarantine. A state or portion of a state listed in 7 CFR 301.81-3, 57 FR 57327, December 4, 1992, Federal Domestic Order DA-2018-11, April 17, 2018, and any area a state declares infested. This material is incorporated by reference, on file with the Department and the Office of the Secretary State, and does not include any later amendments or editions.

C. Regulated commodities.

1. Soil, separately or with other articles, except potting soil shipped in an original container in which the potting soil is packaged after commercial preparation; and

2. All plants associated with soil, except:

a. Plants that are maintained indoors year-round, and are not for sale; and

b. Plants shipped bare-root and free of soil.

D. Restrictions.

1. An Arizona receiver of a regulated commodity shall establish a Department-approved quarantine holding area that meets the following specifications:

a. The floor is of a permeable surface, such as sand or soil, and free from debris, grass, or weeds;

b. The area is isolated from public access, surrounded by a fence or other barrier;

c. The integrity and security of the area is maintained at all times; and

d. If outdoors, the area is at least 15 feet from any masonry wall, property boundary, or non-quarantine plant.

2. A shipper or receiver shall unload a regulated commodity at destination into an approved quarantine holding area as prescribed in subsection (D)(1). The Department may inspect the regulated commodity as follows:

a. A regulated commodity from an area under quarantine in subsection (B) shall be held at least three consecutive days, unless otherwise released by an inspector.

b. A regulated commodity may be inspected to determine compliance with this section.

c. A disposition shall be provided by an inspector upon completion of an inspection.

d. If an inspection to determine compliance with this section is not conducted, an inspector shall release the regulated commodity.

3. A receiver shall only apply a pesticide or other chemical to a regulated commodity located in a quarantine holding area as authorized by the Associate Director.

E. Exemptions. Soil samples of no more than fifteen (15) pounds that comply with the interstate movement requirements of 7 CFR §§ 301.81 et seq., 75 FR 4240, January 26, 2010, Federal Domestic Order DA-2018-11, April 17, 2018, are exempt from the requirements of this Section.

F. Disposition of commodity not in compliance. A regulated commodity shipped into Arizona in violation of this Section may be treated, destroyed, or transported out-of-state by the owner and at the owner's expense as authorized by the Associate Director.

Ariz. Admin. Code § R3-4-239

Former Rule, Quarantine Regulation 20. Amended effective July 1, 1975 (Supp. 75-1). Amended effective April 26, 1976 (Supp. 76-2). Correction amendment effective April 26, 1976 included deletion of Arkansas (see subsection (C)) (Supp. 77-1). Amended effective June 16, 1977 (Supp. 77-3). Repealed effective June 19, 1978 (Supp. 78-3). New Section adopted effective December 22, 1989 (Supp. 89-4). Section R3-1-68 renumbered to R3-4-239(Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by final rulemaking at 9 A.A.R. 2095, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.