N.M. Admin. Code § 21.17.42.12

Current through Register Vol. 35, No. 20, October 22, 2024

Section 21.17.42.12 - RESTRICTIONS

A. General: Movement of regulated articles is prohibited in the following cases:

(1) from or through a quarantined area to an eradicated area, a functionally eradicated area, or a suppressed area;

(2) from or through a suppressed area to an eradicated area or a functionally eradicated area;

(3) from or through a functionally eradicated area to an eradicated area; or

(4) when the department determines the movement may cause an increase in infestation of cotton boll weevil.

B. Exemptions: The following are exempt from the requirements of Subsection A:

(1) cotton seed and vehicles transporting the seed;

(2) baled cotton, baled gin motes and linters and vehicles transporting baled cotton and baled gin motes and linter; and

(3) manufactured cotton products.

C. Exceptions: The following are exceptions to the restrictions in Subsection A of this section:

(1) Cotton harvesting equipment and other equipment associated with the production and transport of cotton as well as used gin equipment, otherwise prohibited from movement by this regulation, may be moved to or through a restricted area provided the equipment is free of cotton products and cotton boll weevils in any stage of development or treated in one of the following manners:

(a) physical removal of hostable material including, but not limited to; removal by hand, high-pressure air cleaning; or high pressure washing; or

(b) fumigation of regulated articles as prescribed by the department.

(2) Cotton products and other regulated articles, otherwise prohibited from movement by these rules, may be transported to or through a restricted area provided that the producer, transporter, ginner, or other responsible party entered into a compliance agreement with the department and operates under its conditions.

(3) A USDA certificate of inspection (PPQ Form 540, used to certify equipment free of pink bollworm) showing that cotton harvesting equipment or other equipment associated with the production and transport of cotton, as well as used gin equipment, has been cleaned or fumigated is acceptable to the department as an exception to the restrictions set forth in Subsection A of this section.

N.M. Admin. Code § 21.17.42.12

21.17.42.12 NMAC - N, 3/1/2004