01-001-275 Me. Code R. § 4

Current through 2024-51, December 18, 2024
Section 001-275-4 - Intrastate Movement of Regulated Articles Allowed
1.Movement within Quarantined Areas - Movement of a regulated article solely within the quarantined area of the state is allowed without restriction.
2.Movement out of a Quarantined Area with Certificate - Regulated articles for which a certificate has been issued in accordance with this chapter may be moved out of a quarantined area provided the following conditions are met:
A. The regulated article originated outside the quarantine area and has not been exposed to emerald ash borerwhile in this area; OR
B. The regulated article is moved directly through the quarantined area without stopping (except for refueling or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by emerald ash borer; OR
C. The regulated article has been grown, produced, manufactured, stored or handled in a manner that, in the judgment of the inspector, prevents the regulated article from presenting a risk of spreading emerald ash borer.
3.Movement out of a Quarantined Area without a Certificate - Regulated articles for which no certificate has been issued in accordance with this chapter may be moved out of a quarantined area provided the article is moved by the Maine Department of Agriculture, Conservation and Forestry for experimental or scientific purposes.
4.Movement out of a Quarantined Area Pursuant to a Limited Permit - Regulated articles may be moved out of a quarantined area under limited permit issued by the Maine Department of Agriculture Conservation and Forestry if the regulated article is to be moved to a specified destination for specified handling, processing, or utilization and this movement will not result in the spread of the emerald ash borer. The destination and other conditions must be listed in the limited permit.
5.Movement under a Compliance Agreement - Regulated articles may be moved out of a quarantined area if the regulated article is to be moved under a compliance agreement for specified handling, processing, or utilization and this movement will not result in the spread of the emerald ash borer. The destination and other conditions must be listed in the compliance agreement.
6.Transiting Quarantined Areas - Regulated articles which originate outside the quarantined area may transit through the quarantined area without a certificate or limited permit only if:
A. The regulated article is safeguarded in an enclosed vehicle or with adequate covering against infestation during the months of May through September; and
B. The point of origin of the regulated article is specified on the waybill, invoice, or shipping document that accompanies the shipment.
7.Transiting Non-Quarantined Areas - Regulated articles which move from a quarantined area to another quarantined area and which transit a non-quarantined area may do so under a limited permit or compliance agreement provided the regulated article is in a completely enclosed vehicle during the months of May through September and the vehicle moves through the quarantined area without stopping, except for drop-off loads, refueling, or traffic conditions such as traffic lights or stop signs.
8.Other Federal or State Requirements - The regulated article moving under certificate or limited permit must also be eligible for unrestricted movement under all other Federal and State quarantines applicable to the regulated article.

01-001 C.M.R. ch. 275, § 4