reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 3 - Oil and Gas › Chapter 26 - Alaska Royalty Oil and Gas Development Advisory Board › Article 3 - General Provisions › 11 AAC 26.300 - Definitions

Current through May 31, 2024
In this chapter and in AS 38.06, unless the context
					 otherwise requires
(1) "board" means
				  the Alaska Royalty Oil and Gas Development Advisory Board;
(2) "state officers or employees" does not
				  include members of the University of Alaska faculty and staff.
Authority:
AS
						38.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 1 - Potato Regulations › 11 AAC 32.010 - General requirements

Current through May 31, 2024
(a) All potatoes sold, displayed, or offered
				  for sale or shipment, in a container, for general consumption, must conform to
				  one of the potato grades stated in
				  11 AAC 32.020, must be packed in a
				  container authorized under
				  11 AAC 32.040, and must be labeled
				  to conform with
				  11 AAC 32.050.
(b) Repealed 10/28/87.
Authority:
AS
						03.05.010
AS
						03.05.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 1 - Potato Regulations › 11 AAC 32.020 - Grades authorized

Current through May 31, 2024
(a) The potato grades adopted and designated
				  as the official grades for the state are U.S. Extra No. 1, U.S. No. 1, U.S.
				  Commercial, U.S. No. 2, and U.S. No. 1 seed potatoes, as contained in United
				  States Standards for Grades of Potatoes, as revised as of February 5, 1972, and
				  United States Standards for Grades of Seed Potatoes, as revised as of April 29,
				  1972.
(b) In addition to the grades
				  authorized in (a) of this section, a lot of potatoes that fails to meet a U.S.
				  No. 2 grade or better will be designated as "culls."
The publications referred to in
						11 AAC 32.020(a)
						are published by the Agricultural Marketing Service, U.S. Department of
						Agriculture, and are available from the Superintendent of Documents, U.S.
						Government Printing Office, Washington, D.C. 20250, and from the Division of
						Agriculture, Department of Natural Resources, P.O. Box 949, Palmer, Alaska
						99645.
Authority:
AS
						03.05.010
AS
						03.05.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 1 - Potato Regulations › 11 AAC 32.040 - Containers authorized

Current through May 31, 2024
Potatoes for general consumption must be packed in new
					 containers or used containers that are clean, sound, and bright, except that
					 certified seed potatoes must be packed in new containers.
Authority:
AS
						03.05.010
AS
						03.05.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 1 - Potato Regulations › 11 AAC 32.050 - Label required

Current through May 31, 2024
(a) Except as provided in
				  11 AAC 32.080, each container of
				  potatoes sold, offered, or displayed for sale for general consumption must be
				  conspicuously and legibly labeled in the English language to show the following
				  information:
(1) common name of the product,
				  unless the container is transparent and the product is easily and readily
				  identifiable through the container;
(2) name and address, including zip code, of
				  the grower or packer;
(3) net
				  weight; and
(4) grade of potatoes,
				  in letters not less than one inch in height on containers holding 24 pounds or
				  more, and in letters not less than one-half inch in height on containers
				  holding less than 24 pounds.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 1 - Potato Regulations › 11 AAC 32.060 - Misrepresentation

Current through May 31, 2024
No person may misrepresent the quality, condition, size, or
					 origin of any potatoes by means of mislabeling, deceptive packing, oral
					 assertion, or by any other manner or means.
Authority:
AS
						03.05.010
AS
						03.05.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 1 - Potato Regulations › 11 AAC 32.070 - Superior markings

Current through May 31, 2024
No container of potatoes may bear a marking, brand, or
					 designation of quality such as "extra selected," "selected," "select," "extra
					 fancy," "fancy," "choice," "No. 1," or other similar superlative designation
					 implying a reasonably high quality, unless the contents of the container
					 conform at least to the requirements of the U.S. No. 1 Grade.
Authority:
AS
						03.05.010
AS
						03.05.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 1 - Potato Regulations › 11 AAC 32.080 - Exemptions from labeling

Current through May 31, 2024
(a) A container of
				  potatoes being sold or delivered on government contract or on contract to a
				  restaurant or mess hall is exempt from labeling if the contract specifies that
				  inspection is to be made by an authorized inspector before delivery.
(b) Potatoes being transported from one
				  grading or packing house to another, from the field to the grading or packing
				  house, from one field to another field, or being offered for sale for livestock
				  feed, are exempt from the requirements of
				  11 AAC 32.010 -
				  11 AAC 32.090.
(c) A container filled by a consumer from a
				  bulk bin requires no labeling.
(d)
				  Seed potatoes moved or transported between growers because of a preplant
				  contract, and not offered for sale for general consumption, such as seed
				  potatoes for commercial production, require no labeling.
Authority:
AS
						03.05.010
AS
						03.05.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 1 - Potato Regulations › 11 AAC 32.090 - Definitions

Current through May 31, 2024
In this chapter,
(1) "authorized inspector" includes the
				  director of the division of agriculture in the Department of Natural Resources,
				  the director's authorized representative, or a federal or state horticultural
				  inspector;
(2) "container" means a
				  sack, box, crate, chest, lug, basket, carton, barrel, keg, drum, or other
				  similar receptacle in which potatoes are sold;
(3) "deceptive packing" means that a
				  container has, in the outer layer or on an exposed surface, potatoes that are
				  in quality, size, condition, or in any other respect so superior to those in
				  the interior of the container or in the unexposed portion, as to materially
				  misrepresent the contents;
(4)
				  "general consumption" applies to potatoes destined for sale to the general
				  public either through stores, restaurants, mess halls, produce stands, or in
				  any other manner, except "on the farm" sales directly to a consumer;
(5) "master container" means a package
				  containing two or more individual packages of the same commodity in the same
				  quantity;
(6) "mislabeling" means
				  placing, or the presence of, a false or misleading statement, design, or
				  device, upon a container, upon the label or lining of a container, upon a
				  potato wrapper, or upon a placard, that is used in connection with a container
				  and that refers to the potatoes; a statement, design, or device is false or
				  misleading if the potatoes or container to which it apparently or actually
				  refers does not conform in every respect to the statement;
(7) "pack," "packing," or "packed" means the
				  regular compact arrangement of all or part of potatoes in a
				  container;
(8) "person" includes
				  firm, corporation, company, association, cooperative, partnership or business
				  combination of any nature;
(9)
				  "sold or sale" includes offering for sale, exposing for sale, having in
				  possession for sale, exchanging, bartering and trading.
Authority:
AS
						03.05.010
AS
						03.05.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 2 - Shell Egg Regulations › 11 AAC 32.110 - General requirements

Current through May 31, 2024
(a) All Alaska produced shell eggs sold,
				  displayed, offered for sale, or for shipment within the state for general
				  consumption, shall conform to one of the Grade and Weight classes as stated in
				  11 AAC 32.120, and shall be
				  labeled to conform with
				  11 AAC 32.130.
(b) All shell eggs shipped into the state for
				  general consumption shall conform to one of the grade classes and weight
				  classes as stated in
				  11 AAC 32.020, and shall be
				  labeled to conform with
				  11 AAC 32.050.
Authority:
AS
						03.05.010-03.05.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 2 - Shell Egg Regulations › 11 AAC 32.120 - Grade and weight classes

Current through May 31, 2024
(a) The shell egg
				  grades adopted and designated as official grades for the state are identical to
				  those of the United States Department of Agriculture, presently in effect and
				  as amended from time to time.
These regulations are adopted by reference. The official
					 U.S. Standards, Grades, and Weight Classes for Shell Eggs, are published by the
					 U.S. Department of Agriculture and are available from the Superintendent of
					 Documents, U.S. Government Printing Office, Washington, D.C. 20250 and from
					 State Division of Agriculture, Department of Natural Resources, P.O. Box 949,
					 Palmer, Alaska 99645.
(b)
				  Additional Permitted Tolerances.
(1) Within
				  the maximum tolerance permitted, an allowance will be made at receiving points
				  or shipping destination for one-half percent leakers in Grades AA, A, and B,
				  and one percent in Grade C.
(2) At
				  shipping destination an additional tolerance of five percent shall be permitted
				  for checks. This tolerance is provided for the purpose of compensating for
				  shell damage that might occur during extreme handling conditions and are not
				  applicable to point of origin inspection.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 2 - Shell Egg Regulations › 11 AAC 32.130 - Labeling cases, cartons, and other containers

Current through May 31, 2024
(a) Standard
				  shipping containers containing shell eggs shall be deemed to meet the
				  requirements of this chapter when the name and address of producer, packer, or
				  distributor of such eggs, and the grade and weight class of the eggs contained
				  therein are legibly shown on one outward end of each container. The grade and
				  weight class shall be shown in letters not less than one-half inch in
				  height.
(b) Cartons, boxes, bags,
				  or other consumer packages containing eggs intended for sale by distributors or
				  retailers shall be deemed to meet the requirements of this chapter when the
				  name and address of the packer, distributor, producer, or retailer and the
				  grade and weight class of the eggs contained therein are legibly and visibly
				  shown on the front or top of each container. The grade and weight class shall
				  be shown in letters not less than one-fourth of one inch in height.
(c) Whenever loose eggs, commonly referred to
				  as bulk displays, are offered for sale to consumers in baskets, cases, boxes,
				  or other containers, by distributors or retailers, the display containers shall
				  be labeled to legibly and visibly show the name and address of the packer,
				  distributor, or producer and the correct grade and weight class of the eggs
				  contained therein, with legible letters not less than one-half inch high. The
				  grade and weight class shall be written or printed on, or otherwise attached to
				  or clearly associated with, the containers or display of such eggs, and such
				  designation shall be plainly visible to the public when the eggs or containers
				  of such eggs are visible to the public.
(d) Inspection and/or labeling marks, having
				  reference to shell eggs or shell egg products appearing on any container by
				  reason of previous use shall be removed or obliterated before re-use.
(e) All label information required by this
				  section shall be in the English language.
(f) All containers (including display
				  containers of bulk eggs) of eggs not produced in the state shall contain the
				  word "Imported" or the state of origin on the top facing of each container in
				  legible and conspicuous letters not less than one-half of one inch in height.
				  Standard shipping containers shall be deemed to meet the requirements of this
				  chapter when the word "imported" or state of origin is on one outward end of
				  each container.
Authority:
AS
						03.05.010-03.05.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 2 - Shell Egg Regulations › 11 AAC 32.140 - Ownership of eggs

Current through May 31, 2024
All eggs shall be considered the property of the person in
					 whose possession or on whose premises they are found except those in the
					 custody of common carriers, or persons, firms, or corporations engaged only to
					 transport eggs, or public warehouses where the owner is identified by
					 record.
Authority:
AS
						03.05.010-03.05.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 2 - Shell Egg Regulations › 11 AAC 32.150 - Misrepresentation

Current through May 31, 2024
(a) Eggs shall not be offered for sale,
				  exposed for sale, or held in possession with intent to sell in the state, if
				  the package, container, or display, bears any statement or device which is
				  false or misleading in any manner.
(b) The word "fresh," "nulaid," "country,"
				  "hennery," "day-old," "select," "certified," "best," "fresh-laid,"
				  "guaranteed," or any other similar descriptive terms are prohibited in
				  connection with advertising or selling eggs unless such eggs conform to at
				  least Grade A as defined in sec. 120 of this chapter.
(c) Eggs shall not be referred to as Alaskan
				  or local eggs in any manner unless produced in Alaska.
(d) Eggs shall not be referred to in any
				  manner as "airborne" unless transported into the state by aircraft.
Authority:
AS
						03.05.010-03.05.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 2 - Shell Egg Regulations › 11 AAC 32.160 - Inspection of imported eggs prior to shipment

Current through May 31, 2024
(a) Eggs shipped
				  into the state from other states shall be inspected by an authorized inspector
				  within 72 hours of shipment and shall meet the grade, and marking requirements
				  set forth in this chapter. Each case shall be legibly stamped with the United
				  States Department of Agriculture official grade mark and date of
				  inspection.
(b) Eggs shipped into
				  the state from Canada shall be inspected by an official Canadian inspector
				  within 72 hours of shipment and shall meet the grade, and marking requirements
				  set forth in this chapter. Each case shall be legibly stamped with the official
				  Canadian mark and date of inspection.
Authority:
AS
						03.05.010-03.05.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 2 - Shell Egg Regulations › 11 AAC 32.170 - Exemptions

Current through May 31, 2024
(a) Eggs shall be exempt from this chapter
				  when sold and packed on a contract basis for Governmental institutions, when
				  such contracts specify inspection at point of origin by an authorized
				  inspector.
(b) Eggs shall be exempt
				  when being delivered to or when in possession of a dealer for candling or
				  grading.
(c) Eggs produced in
				  Alaska shall be exempt from the grading and labeling requirements of this
				  chapter when sold by the producer direct to the consumer.
Authority:
AS
						03.05.010-03.05.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 2 - Shell Egg Regulations › 11 AAC 32.180 - Terms pertaining to egg quality

Current through May 31, 2024
The standards of quality for individual eggs adopted and
					 designated as official for the state are identical to those of the United
					 States Department of Agriculture presently in effect and as they may be amended
					 from time to time.
These regulations are adopted by reference. The official
					 U.S. Standards, Grades, and Weight Classes for Shell eggs, are published by the
					 U.S. Department of Agriculture and are available from the Superintendent of
					 Documents, U.S. Government Printing Office, Washington, D.C. 20250 and from the
					 State Division of Agriculture, Department of Natural Resources, P.O. Box 949,
					 Palmer, Alaska 99645.
Authority:
AS
						03.05.010-03.05.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 32 - Marketing and Grading › Article 3 - Dairy Sanitation, Labeling, and Grading of Milk (Repealed)

Current through May 31, 2024
The regulations in this article which were repealed
					 effective September 1, 1982, Register 83, have been replaced by regulations in
					 18 AAC 32, effective September 1, 1982, Register 83, pursuant to Executive
					 Order 51 which transferred functions from the Department of Natural Resources
					 to the Department of Environmental
					 Conservation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.010 - Labeling

Current through May 31, 2024
(a) Each lot or package of agricultural seed
				  sold or offered for sale within the state must bear on it or have attached to
				  it in a conspicuous place, a legibly written or printed label or tag, in
				  English, providing the following information:
(1) the commonly accepted name of the kind
				  and variety of the seed;
(2) the
				  country or state where the seed was grown;
(3) the total percentage by weight of pure
				  seed;
(4) the total percentage by
				  weight of all weed seed;
(5) the
				  total percentage by weight of inert matter;
(6) the total percentage by weight of other
				  crop seed;
(7) the name and
				  approximate number per pound of each kind of restricted noxious weed seed, as
				  listed in 11 AAC 34.020;
(8) the percentage of germination of the
				  agricultural seed, together with the month and year the seed was
				  tested;
(9) the percentage of hard
				  seed, if any is present;
(10) the
				  name and address of the person labeling the seed or selling, offering, or
				  exposing the seed for sale within the state; and
(11) the lot number or other lot
				  identification.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.020 - Prohibited and restricted noxious weeds

Current through May 31, 2024
(a) The following
				  are prohibited noxious weeds:
(1) Bindweed,
				  field (Convolvulus arvensis);
(2)
				  Fieldcress, Austrian (Rorippa austriaca);
(3) Galensoga (Galensoga
				  parviflora);
(4) Hempnettle
				  (Galeopsis tetrahit);
(5)
				  Horsenettle (Solanum carolinense);
(6) Knapweed, Russian (Centaurea
				  repens);
(7) Lettuce,
				  blue-flowering (Lactuca puichella);
(8) Orange Hawkweed (Hieracium
				  aurantiacum);
(9) Purple
				  Loosestrife (Lythrum salicaria);
(10) Quackgrass (Agropyron repens);
(11) Sowthistle, perennial (Sonchus
				  arvensis);
(12) Spurge, leafy
				  (Euphorbia esula);
(13) Thistle,
				  Canada (Cirsium arvense);
(14)
				  Whitetops and its varieties (Cardaria drabe, C. pubescens, Lepidium
				  latifolium).
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.030 - Weed seed as agricultural seed

Current through May 31, 2024
The following seeds, when occurring incidentally in
					 agricultural and vegetable seeds, are classed as weed seeds, except when sold
					 alone or as a specific constituent of a definite seed mixture:
Black Medic (Medicago lupulina);
Cardoon (Cynara cardunculus);
Dandelion (Taraxacum species);
Lupine (Lupinus species);
Pigweed (Amaranthus species);
Radish (Raphanus sativus);
Rape (Brassica campestris and napus);
Sunflower (Helianthus annuus);
Yarrow (Achillea millefolium); and
Tufted Vetch (Vicia cracca).
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.040 - Sampling procedure for purity and germination tests

Current through May 31, 2024
(a) A sample of
				  seed chosen by an authorized agent of the division of agriculture for the
				  purpose of determining whether or not the seed meets the requirements of this
				  chapter is known as an "official sample," and must be drawn in a manner to
				  represent as nearly as possible the entire lot from which it is
				  taken.
(b) Official samples of seed
				  shall be taken according to procedures which conform as nearly as practicable
				  to those used by the United States Department of Agriculture pursuant to
				  7 C.F.R.
				  201.39 -
				  201.44.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.045 - Duties and authority of the director

Current through May 31, 2024
(a) The duty of
				  enforcing this chapter and of carrying out its provisions and requirements is
				  vested in the director. The duties and authority of the director include the
				  following:
(1) to sample, inspect, make
				  analyses of, and test any agricultural or vegetable seed held, transported,
				  sold, offered, or exposed for sale within the state for planting purposes, at
				  the time, place, and to the extent the director finds necessary to determine
				  whether the seed is in compliance with this chapter;
(2) to sample, inspect, make analyses of any
				  tree, shrub, or flower seed held, transported, sold, offered, or exposed for
				  sale within the state for planting purposes, at the time, place, and the extent
				  as the director may find necessary to determine whether the seed is in
				  compliance with this chapter;
(3)
				  to issue and enforce a written stop sale order or to issue a violation notice,
				  whichever the director determines applicable, to the possessor or owner of any
				  lot of agricultural, vegetable, tree, shrub, or flower seed which is found to
				  be in violation of this chapter; and
(4) to prohibit the further sale, processing,
				  or movement of seed, except on approval of the director, until evidence is
				  obtained that shows that the requirements of this chapter have been complied
				  with and a release from the stop sale order has been issued for the
				  seed.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.050 - Germination and purity tests

Current through May 31, 2024
Germination and purity tests of seeds must be conducted
					 according to procedures which conform as nearly as practicable to those used by
					 the United States Department of Agriculture pursuant to
					 7 C.F.R.
					 201.59 -
					 201.66.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.060 - Laboratory fees and schedule

Current through May 31, 2024
(a) Germination and
				  purity tests are performed at the Alaska Seed Testing Laboratory.
(b) State residents may submit seed samples
				  for routine testing free of charge if the samples are limited to three per year
				  per person and are submitted before April 15 of the year.
(c) Samples submitted by residents in excess
				  of three per year or after April 15, or submitted by nonresidents will be
				  charged a service fee as determined by the director.
(d) Samples submitted by residents and
				  nonresidents for germination tests requiring tetrazolium procedures will be
				  charged a service fee to be determined by the director according to a fee
				  schedule based upon the difficulty of the species being tested.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.070 - Code of Federal Regulations

Current through May 31, 2024
Except where in conflict with specific provisions of this
					 chapter, the rules, regulations and recommendations pertaining to sampling
					 procedures and germination and purity testing procedures and standards
					 contained in 7 C.F.R.
					 201.39 -
					 201.44 and
					 201.59 -
					 201.66 are adopted by reference and
					 made part of this chapter. Copies of these provisions may be obtained from the
					 U.S. Government Printing Office, Washington, D.C. 20250. Any reference in these
					 provisions to U.S. Government officials and agencies shall be construed to
					 refer to the corresponding officials and agencies of the State of
					 Alaska.
These regulations are adopted by reference. The official
						Rules and Regulations under the Federal Seed Act are published by the U.S.
						Department of Agriculture and are available from the Superintendent of
						Documents, U.S. Government Printing Office, Washington, D.C.
						20250
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.075 - Prohibited acts

Current through May 31, 2024
(a) No person may sell, offer for sale,
				  expose for sale, or transport for use in planting in the state any agricultural
				  or vegetable seed that
(1) unless exempt under
				  11 AAC 34.010(h),
				  has not been labeled as required by
				  11 AAC 34.010;
(2) bears a false or misleading
				  label;
(3) contains any prohibited
				  noxious weed seed, except as allowed in (g) of this section;
(4) contains any restricted noxious weed seed
				  in excess of the permissible tolerance per pound established under
				  11 AAC 34.020(b),
				  except as allowed in (g) of this section; or
(5) has not been tested within the 18 months
				  preceding the sale, offering, or exposure for sale, or transportation, not
				  including the calendar month in which the test was completed, except for
				  hermetically sealed containers under
				  11 AAC 34.010(g) (3), and except that
(A) the director will, in his discretion,
				  allow a shorter period for kinds of seed which he finds, under ordinary
				  conditions of handling, will not maintain a germination within the established
				  limits of tolerance during the prescribed time period, or a longer period for
				  kinds of seed which are packaged in a container and under conditions the
				  director determines will, during the longer period, maintain the viability of
				  the seed under ordinary conditions of handling;
(B) a person in possession of seed shall keep
				  on file, available for department inspection, the original or duplicate copy of
				  the latest test made of the seed which must show, in addition to the
				  information required by this chapter, the date and name of the person making
				  the test.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.077 - Weed seeds in shipment

Current through May 31, 2024
Whenever anything brought into a part of the state from
					 another part of the state or from any other state or foreign country is found
					 to be infested with the seed of any prohibited noxious weed, the director will
					 notify the owner or bailee of the shipment to return it to the point of
					 shipment within 48 hours, and the owner or bailee of the shipment shall return
					 it. If the director determines that the seeds can be destroyed by treatment,
					 the shipment may, at the option and expense of the owner or bailee, be treated
					 under the supervision of the director, and may be released after
					 treatment.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.080 - Penalties

Current through May 31, 2024
Penalties for violation of this chapter are as provided in
					 AS
					 03.05.090.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						03.05.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.085 - When penalties not applicable

Current through May 31, 2024
No person may be subjected to the penalties of
					 AS
					 03.05.090 for selling, offering, exposing for
					 sale, or transporting in this state any agricultural or vegetable seed
					 that;
(1) is incorrectly labeled or
				  represented as to kind and variety or origin, and which cannot be identified
				  except by a field test, when that person
(A)
				  obtains an invoice or grower's declaration stating the kind, or kind and
				  variety, and origin, if required;
(B) takes the invoice or grower's declaration
				  in good faith; and
(C) takes other
				  precautions as are reasonable to insure the identity of the seeds to be as
				  stated;
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 1 - Seed Regulations › 11 AAC 34.090 - Records

Current through May 31, 2024
Each person whose name appears on the label as handling
					 agricultural or vegetable seed subject to this chapter shall keep for two years
					 a complete record of each lot of agricultural or vegetable seed handled, and
					 shall keep for two years a file sample of each lot of seed after final
					 disposition of the lot. All records and samples pertaining to the shipment or
					 shipments involved must be accessible for inspections by the director or his
					 designated agent during customary business hours.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.100 - Expense of treatments

Current through May 31, 2024
Any treatment which may be required under the provisions of
					 this chapter shall be at the risk and at the expense of the owner or persons in
					 charge or in possession thereof at the time of treatment unless otherwise
					 provided.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.105 - Quarantine officers

Current through May 31, 2024
(a) The director is an enforcing officer of
				  all laws, rules and regulations relative to the prevention of the introduction
				  into, or the spread within the state of pests.
(b) The director and such inspectors as he
				  may appoint, holding valid certificates of eligibility for the office to which
				  they have been appointed, are hereby designated State Plant Quarantine officers
				  for the purpose of certifying to the pest condition or pest treatment of
				  shipments, when certification as a condition of movement is officially
				  required, and for the purpose of enforcing of laws, rules and regulations,
				  relative to plant quarantine.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.110 - Pest certificate fees

Current through May 31, 2024
The director may establish a schedule of fees for any or
					 all classes of certificates to be paid by shippers requesting such
					 certificates. Upon receipt of such scheduled fee, or in the event no schedule
					 has been established, then upon request of the shipper it is the duty of the
					 director to make such inspection as may be necessary to determine the facts
					 required by the state or country of intended destination and to issue a
					 certificate stating the facts determined; provided, that no fee shall be
					 charged for certification required by any law, regulation, or requirement of
					 the United States or of this state. The schedule of fees established for such
					 certificates shall be based upon the approximate cost of the inspection made
					 therefor.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.115 - Appeals from director's decision

Current through May 31, 2024
(a) In cases
				  relative to the prevention of the introduction into, or the dissemination
				  within the state of pests, any interested person aggrieved by any action or
				  order of the director may appeal in writing to the office of the director
				  within five days after notice of action or order where there is no time limit
				  upon such action or order, and in cases where a time limit is fixed, within
				  such time limit. In cases where the director is empowered to, and does take
				  summary action, no appeal may be taken.
(b) Appeals will be heard by the director
				  within 10 days after receipt thereof upon notice to all interested parties and
				  his decision shall be final.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.120 - Federal-state cooperation

Current through May 31, 2024
Whenever quarantine regulations are established under this
					 chapter, if there are any authorities or officers of the United States having
					 authority to act in such matter, or any part thereof, the director shall notify
					 such authorities or officers and seek their cooperation as far as possible.
					 When any article is found to have been transported into this state from any
					 other state, or district of the United States, in violation of the provisions
					 of a quarantine established by the Secretary of Agriculture of the United
					 States, such article shall be subject to seizure, destruction or other
					 disposition to the same extent and in the same manner as if such article had
					 originated in this state and was in violation of a provision of this
					 chapter.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.125 - Inspection stations

Current through May 31, 2024
To prevent the introduction into, or the spread within this
					 state, of pests, the director may maintain at such places within this state as
					 he deems necessary quarantine inspection stations for the purpose of inspecting
					 all conveyances which might carry plants or other things which are or are
					 liable to be infested or infected with pests.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.130 - Quarantine regulations; inspections

Current through May 31, 2024
(a) The director
				  may establish, maintain and enforce such quarantine regulations as he deems
				  necessary to protect the agricultural industry of this state from pests, by
				  establishing quarantine at the boundaries of this state or elsewhere within the
				  state. He may make and enforce such rules and regulations as are necessary to
				  prevent any plant or thing which is or is liable to be infested or infected by
				  or which might act as a carrier of any pest, from passing over any quarantine
				  line established and proclaimed pursuant to this chapter. The person conducting
				  the inspection shall not permit any such plant or thing to pass over the
				  quarantine line during quarantine, except upon a certificate of inspection and
				  release signed by him.
(b) No
				  person shall conceal from plant quarantine officers any plant or fail to
				  present the same or any quarantined article for inspection at the request of
				  such officer.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.135 - Form of certain regulations

Current through May 31, 2024
All quarantine regulations involving another state,
					 district, or foreign country will be adopted by the commissioner and will be
					 approved and proclaimed by the governor. A proclamation will be signed in
					 duplicate. The original proclamation will be filed in the office of the
					 lieutenant governor and a copy in the office of the director before it takes
					 effect.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.140 - New pests

Current through May 31, 2024
Upon information received by the director of the existence
					 of any pest not generally distributed within this state he shall thoroughly
					 investigate the existence and probability of the spread thereof. He may also
					 establish, maintain and enforce quarantine and such other regulations as are in
					 his opinion necessary to circumscribe and exterminate or prevent the spread of
					 such pest. The director may disinfect, or take such other action with reference
					 to, any plants or things infested or infected with, or which in his opinion may
					 have been exposed to infection or infestation by, any such pest, as in his
					 discretion shall seem necessary.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.145 - Permits for pest shipment

Current through May 31, 2024
No pest, live insect or disease may be imported into or
					 shipped or transported within the state except for the purpose of
					 identification, unless such shipment or transportation is authorized under
					 written permit and the regulations of the director or the United States
					 Department of Agriculture. Any unauthorized shipment shall be returned to the
					 point or origin, shipped out of the state, or destroyed within 48 hours at the
					 expense of the owner or bailee.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.150 - Notification of quarantined articles

Current through May 31, 2024
Any person who transports, receives or imports into the
					 state any things, or any plants against which quarantine has been established
					 and who fails immediately after the arrival thereof to notify the director of
					 their arrival, and to hold them for immediate inspection by the director,
					 without unnecessarily moving them, or placing them where they may be harmful,
					 is in violation of this section.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.155 - Release from inspection

Current through May 31, 2024
The director may designate certain plants arriving from
					 certain areas not for planting, propagation or ornamental purposes within this
					 State which may be released without inspection, if he finds upon investigation
					 that such plants from such areas are not liable to cause the introduction of
					 pests into the state.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.160 - Right to inspect

Current through May 31, 2024
The officer making the inspection may enter at any time
					 into any conveyance or place within the state where the said plants or things
					 are located, to ascertain whether they are or are liable to be infested or
					 infected with any pest.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.165 - Labeling and certificates

Current through May 31, 2024
Each shipment of plants, brought into this state, shall
					 have legibly marked thereon in a conspicuous manner and place the name and
					 address of the shipper or owner, the name of the person to whom the same is
					 forwarded or shipped, or his agents, the name of the country or state where the
					 contents were grown, and a statement of the contents therein. Also each
					 shipment of plants, grown in a country or state which maintains inspection of
					 plants, shall be accompanied by a copy of a current inspection certificate from
					 such country or state.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.170 - Destruction or treatment of pests

Current through May 31, 2024
When any shipment of plants brought into this state is
					 found infested or infected or there is reasonable cause to presume that it may
					 be so infested or infected with any pest, the shipment shall be immediately
					 destroyed by, or under the such pest may be exterminated by treatment or
					 processing prescribed by the director, and it is determined by the inspecting
					 officer that the nature of the pest is such that no damage can be caused to
					 agriculture in this state through such treatment or processing, or procedure
					 incidental thereto. In such case, the shipment may be so treated or processed
					 at the expense of the owner or bailee in the manner, and within the time
					 specified by the inspecting officer, under his supervision, and if so treated
					 or processed, upon determination by the enforcing officer that the pest has
					 been exterminated, the shipment may be released.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 2 - Pest Control › 11 AAC 34.180 - Treatment of appliances

Current through May 31, 2024
(a) To prevent the
				  dissemination of pests through the agency of appliances, the director will, in
				  his discretion, publish a list of pests that can be carried that way and
				  designating the appropriate treatment for appliances.
(b) No person may ship or move any used
				  appliances unless he furnishes to the director proof satisfactory to the
				  director that the appliances have not been exposed to infestation or infection
				  by any pests, or that the appliances have been treated immediately before
				  shipment or movement in the manner designated by the director.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 34 - Plant Health And Quarantine › Article 3 - Birds › 11 AAC 34.200 - Standards

Current through May 31, 2024
(a) No person shall import into the state,
				  sell or expose for sale, any shipment of birds or hatching eggs which does not
				  bear a certifying tag stating that the article shipped is from flocks which
				  have been tested by competent authority and declared disease-free.
(b) All shipments shall be made in new
				  containers.
(c) All shipments of
				  birds and eggs for hatching shall have attached to the container labels bearing
				  the essential date declaring the stock and eggs to be from disease-free
				  birds.
Authority:
AS
						03.05.010
AS 03.05.030
AS
						44.37.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 35 - Bees and Beneficial Insects › 11 AAC 35.010 - General requirements

Current through May 31, 2024
All bees entering the state must be free from bee disease.
				  All bees and beekeeping equipment in the state are subject to inspection by the
				  director to prevent the introduction, establishment, and spread of bee disease.
				  For the purposes of this chapter, "bee disease" includes American Foulbrood or
				  European Foulbrood and acarine mites or any other parasitic pest that
				  constitutes a serious threat to the bee industry.
Authority:
AS
					 03.47.020
AS
					 03.47.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 35 - Bees and Beneficial Insects › 11 AAC 35.020 - Duties

Current through May 31, 2024
(a) A person importing bees into the state
				shall, within 72 hours after the bees arrive, send the division a copy of the
				health certificate required by
				AS
				03.47.020.
(b) The health certificate must be issued by
				an official inspector of the state or country from which the bees originated
				within 90 days before shipment of the bees.
(c) A person keeping bees shall notify the
				division of the existence and whereabouts of the bees within 72 hours after
				acquiring them, and annually after that, on forms available from the
				division.
(d) A person moving or
				transporting bees from one geographic area to another in the state shall notify
				the division at least 15 days before moving or transporting the bees. The
				boundaries of the geographic areas are available from the director and from
				local beekeepers associations.
(e)
				The provisions of this section do not apply to persons such as the United
				States Postal Service, commercial transportation companies, and other common
				carriers whose responsibility for the bees is limited to the transportation of
				the bees for a fee at the request of the purchaser, keeper, or owner of the
				bees.
(f) A person selling or
				offering bees for sale shall inform the purchaser of the requirements of this
				section.
Authority:
AS
					 03.47.030