Ariz. Admin. Code § 3-4-241

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

Section R3-4-241 - Palm Pests

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-01, the following term applies to this Section:

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

1.Candidatus Phytoplasma palmae subgroup 16SrIV, strain A (Lethal yellowing);

2.Candidatus Phytoplasma 16SrIV-D (Texas Phoenix palm decline);

3.Fusarium oxysporum f. sp. palmarum (Fusarium wilt of queen and Mexican fan palm); or

4.Myndus crudus, a planthopper that vectors the pest defined in (A)(1) and (2).

B. Area under quarantine. For the pest in subsection (A)(1):

1. In the state of Florida, the following counties: Broward, Collier, Hendry, Lee, Martin, Miami-Dade, Monroe, and Palm Beach.

2. In the state of Texas, the following counties: Cameron, Hidalgo, and Willacy.

3. For the pest in subsection (A)(2):

a. In the state of Florida, the following counties: Alachua, Desoto, Duval, Hardee, Highlands, Hillsborough, Indian River, Lake, Manatee, Miami-Dade, Orange, Polk, Sarasota, and Volusia.

b. In the state of Louisiana, the following parish: Orleans.

c. In the state of Texas, the following counties: Bexar, Cameron, Hidalgo, Klebrg, Nueces, Tarrant, and Willacy.

4. For the pest in subsection (A)(3):

a. The state of Florida

b. In Texas, the following county: Houston

5. For the pest in subsection (A)(4):

a. The state of Florida

b. In Texas, the following counties: Houston

C. Regulated commodities. All propagative parts of the following plants, except seed: Aiphanes lindeniana,

Allagoptera arendria,

Andropogon virginicus (Broomsedge),

Arenga engleri,

Borassus flabellifer (Palmyra Palm),

Caryota mitis (Cluster Fishtail Palm),

Caryota rumphiana (Giant Fishtail Palm),

Chelyocarpus chuco,

Chrysalidocarpus cabadae, syn. Dypsis cabadae (Cabada Palm),

Cocos nucifera (Coconut Palm),

Corypha elata (Buri Palm),

Cynodon dactylon (Bermuda Grass),

Cyperus spp. (Sedges),

Dictyosperma album (Princess Palm),

Eremochloa ophiuroides (Centipede Grass),

Gaussia attenuata (Puerto Rican Palm),

Howea belmoreana (Belmore Sentry Palm),

Latania spp. (Latan Palm),

Livistona chinensis (Chinese Fan Palm),

Livistona rotundifolia (Javanese Fan Palm),

Mascarena verschaffeltii (Spindle Palm),

Nannorrhops ritchiana (Mazari Palm),

Neodypsis decaryi, syn. Dypsis decaryi (Triangle Palm),

Pandanus utilis (Screw Pine),

Panicum purpurascens (Para Grass),

Panicum bartowense,

Paspalum notatum (Bahia Grass),

Phoenix canariensis (Canary Island Date Palm),

Phoenix dactylifera (Date Palm),

Phoenix reclinata (Sengal Date Palm),

Phoenix roebelenii (Pigmy Date Palm),

Phoenix rupicola (Cliff Date Palm),

Phoenix sylvestris (Wild Date Palm),

Phoenix zeylanica (Ceylon Date Palm),

Polyandrococos caudescons,

Pritchardia spp.,

Pseudopheoenix sargentii (Florida Cherry Palm),

Ravenea hildebrandtii,

Sabal mexicana (Rio Grande Palmetto),

Sabal palmetto (Cabbage Palmetto),

Stenotapphrum secundatum (St. Augustine Grass),

Sygarus romanzoffiana (Queen palm),

Syagrus schizophylla

Thrinax radiate (Florida Thatch Palm),

Trachycarpus fortunei (Windmill Palm),

Veitchia spp., and

Washingtonia robusta (Mexican Fan Palm), and

Zoysia spp. (Zoysia Grass).

D. Restrictions. The commodities in subsection (C) are prohibited from the area under quarantine unless the following conditions are met prior to shipment:

1. The plant regulatory official issues a certificate or certifies an ongoing Pest Management Program attesting that the conditions in (D)(2), (3), (4), and (5) were met prior to shipment;

2. No field grown plants are included in the shipment;

3. The commodity was inspected prior to shipment and no symptoms of any pest (A)(1), (2), or (3) were observed;

4. The commodity was treated with a labeled product to eliminate all live life stages of the pest (A)(4); and

5. The commodity originates from an outdoor facility no closer than one-half mile from a known infested area of a pest indicated in (A)(1), (2), or (3).

E. Disposition of commodity not in compliance. A regulated commodity shipped into Arizona in violation of this Section shall be destroyed or transported out-of-state by the owner and at the owner's expense.

Ariz. Admin. Code § R3-4-241

Former Rule, Quarantine Regulation 22. Repealed effective April 25, 1977 (Supp. 77-2). New Section adopted effective December 22, 1989 (Supp. 89-4). Section R3-1-70 renumbered to R3-4-241(Supp. 91-4). Amended by final rulemaking at 9 A.A.R. 1046, effective May 5, 2003 (Supp. 03-1). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.