S.C. Code Regs. § § 27-5020

Current through Register Vol. 48, No. 11, November 22, 2024

Section 27-5020 - Quarantine of Phytophagous Snails

A. Definitions

(1) Commission. The State Crop Pest Commission;

(2) Director. The Director, Regulatory and Public Service Programs, Clemson University;

(3) Compliance agreement. A written agreement between a person dealing in or moving regulated articles and the Director, wherein the former agrees to comply with conditions specified in the agreement to prevent the establishment or dissemination of phytophagous snails;

(4) Infestation. A property on which phytophagous snails have been found, or a property onto which regulated material has been moved for any purpose from an infested property, and regulated or host material which has been exposed to, come in physical contact with or being stored where the pest has been found. Such properties shall be considered infested until the Director is of the opinion that phytophagous snails do not exist on said property;

(5) Inspector. Any authorized employee or agent of the State Crop Pest Commission or any other person authorized by the Director to enforce the provisions of this quarantine and regulations supplemental thereto;

(6) Pest and/or phytophagous Snails. The following snails in any stage of development:

(a) Brown garden snail (Helix aspersa Muller);

(b) Giant South American snail (Megalobulimus oblongus Muller);

(c) White garden snail (Theba pisana Muller);

(d) Giant African snail (Achatina spp.);

(e) Any other plant-feeding snail which the Director determines to be a plant pest;

(7) Person. Any individual, corporation, association, firm or partnership.

(8) Plant material. All wild, cultivated, or greenhouse grown plants, trees, shrubs, vines, bulbous plants and roots, grafts, scions, and buds. Included are annual plants, cut flowers, and decorative plants without roots;

(9) Quarantined or regulated area. Any portion of a state in which phytophagous snails are found, or has been placed under quarantine on account of same;

(10) Regulated articles. Nursery stock, other plant material, and articles capable of transporting phytophagous snails, including used containers and trash, and all phytophagous snails.

B. Regulated Areas

Movement of nursery stock, other plant material and articles capable of transporting phytophagous snails into South Carolina from the following areas is regulated:

(1) All infested areas in the states of Arizona, California, Florida, Hawaii, Minnesota, New Mexico, Oregon, Texas, and Washington.

(2) Any other areas hereafter found to be infested with phytophagous snails.

C. Heliculture Prohibited

Raising, maintaining and/or holding phytophagous snails is prohibited.

D. Movement Prohibited

Movement of phytophagous snails in any stage of development is prohibited except for scientific purposes when moved under provisions of federal or state regulations.

E. Disposition

Regulated articles from quarantined areas that are infested with phytophagous snails or have been exposed to infestation by the pest may be ordered destroyed, fumigated or otherwise treated by the Director in accordance with Section 46-9-60, at the expense of the owner. The Director or his agent may allow regulated articles to move in sealed vehicles to designated safe markets under limited permit.

F. Conditions Governing Movement of Regulated Articles

Regulated articles shall not be moved into, within, or from South Carolina nor shall they be processed, planted or propagated except under conditions stipulated by the Director or his agent. Such conditions shall be consistent with the quarantine requirements of the exterior agency and shall be designed to prevent establishment or dissemination of phytophagous snails in South Carolina. Regulated articles shall be accompanied by valid certificates or inspection tags issued by the state of origin when such certificates are required under the quarantine or regulations of such agency.

G. Waiver of Requirements

When it has been determined by the Director or his agent that certifications or treatments are no longer necessary or desirable under the specified conditions of these regulations, he may waive the certification and/or treatment requirements on specified articles, products and items.

H. Compliance Agreement

As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement stipulating that he will maintain such safeguards against the establishment and dissemination of phytophagous snails and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector.

I. Violations

Violations of this regulation will be punished in accordance with Section 46-9-90.

S.C. Code Regs. § 27-5020

Added by State Register Volume 19, Issue No. 1, eff January 27, 1995.