Section 312 IAC 18-3-5 - Standards governing materials under the federal post entry quarantine; nursery stock imported from a foreign countryAuthority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 5.
(a) This section establishes standards to govern the handling of nursery stock imported into Indiana from a foreign country under federal post entry quarantine conditions ( 7 CFR 319.37-7) .(b) A permit granted under 7 CFR 319.37 and approved by the state entomologist in the state screening notice constitutes the Indiana state permit.(c) Nursery stock and any restricted article defined under 7 CFR 319.37 required to be grown under federal post entry quarantine conditions shall conform to this subsection. The nursery stock and any restricted article must be grown under the supervision and control of a person who has signed a federal post entry quarantine agreement under which the person assures compliance with the following conditions: (1) The article and any increase from the article will be grown only on the premises approved in the permit.(2) A division inspector will be given access to the premises for inspection during regular business hours.(3) The article and any increase from the article will be identified by a label showing the name of the article, the port accession number, and the date of importation.(4) The article will be kept separated by at least three (3) meters from any: (A) domestic plant or plant product of the same genus; or(B) other imported plant or plant product.(5) Remedial measures (including destruction) will be applied as determined by an inspector to be necessary to prevent the spread of a pest or pathogen.(6) The state entomologist or a designee will be notified promptly if the article is found to be abnormal or if the article dies.(7) If an article is a Rubus spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, or raspberry) from Europe, the article will be grown only in a screenhouse with screening which has at least sixteen (16) mesh per inch.(8) If an article is a Chrysanthemum spp. (Chrysanthemum) or Dianthus spp. (carnation or sweet-william), the article will be grown or an increase made from the article, only in a greenhouse or other enclosed building.(9) The requirements of this section will be met according to the following schedules: (A) For six (6) months after the importation of an article of Chrysanthemum.(B) For one (1) year after the importation of an article of carnation or sweet-william.(C) For two (2) years after the importation of any other article regulated under this section.(d) A person who violates this section is subject to any administrative, civil, or criminal sanction set forth in IC 14-24 or this article.(e) A sanction imposed by the state entomologist under this section may be levied independently of any federal action.Natural Resources Commission; 312 IAC 18-3-5; filed Nov 22, 1996, 3:00 p.m.: 20 IR 946; errata, 20 IR 1124; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Sep 19, 2008, 10:23 a.m.: 20081008-IR-312080076RFA; Readopted filed 7/17/2014, 3:48 p.m.: 20140813-IR-312140105RFAReadopted filed 9/18/2019, 1:18 p.m.: 20191016-IR-312190373RFA