Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 3 - NURSERY CERTIFICATION PROGRAM › Section R3-4-301 - Nursery Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. The following terms apply to this Section.
"Associate Director" means the Associate Director of the
				  Arizona Department of Agriculture's Plant Services Division.
"Certificate" means a document issued by the Director,
				  Associate Director or by a Department inspector stating that the nursery stock
				  has been inspected and complies with the criteria set forth by an agricultural
				  agency of any state, county, or commonwealth.
"Certificate holder" means a person who holds a certificate
				  issued in accordance with this Section.
"Collected nursery stock" means nursery stock that has been
				  dug or gathered from any site other than a nursery location.
"Commercially clean" means nursery stock offered for sale is
				  in a healthy condition and, though common pests may be present, they exist at
				  levels that pose little or no risk.
"Common pest" means a pest, weed, or disease that is not
				  under a state or federal quarantine or eradication program and is of general
				  distribution within the state.
"Director" means the Director of the Arizona Department of
				  Agriculture.
"General nursery stock inspection certification" means an
				  inspection carried out at the request of a person for the purpose of meeting
				  the general nursery inspection requirements of another state.
"Nursery location" means real property with one physical
				  address, upon which nursery stock is propagated, grown, sold, distributed, or
				  offered for sale.
"Quarantine pest" means an economically important pest that
				  does not occur in the state or that occurs in the state but is not widely
				  distributed or is being officially eradicated.
"Single shipment nursery stock inspection certification"
				  means a visit to a single location by a Department inspector to certify one or
				  more shipments of nursery stock for compliance with the quarantine requirements
				  of the receiving state, county, or commonwealth.
B. General nursery stock inspection
				certification. A person may apply for general nursery stock inspection
				certification by submitting to the Department the application described in
				subsection (E) for each nursery location. The applicant shall submit a $50
				inspection fee to the Department at the time of inspection for each nursery
				location. Each nursery location shall be inspected and certified separately. An
				application for initial certification may be submitted at any time. A
				certificate will be valid for one year, and may be renewed. A renewal
				application shall be submitted each year by February 15.
1. The Department shall issue a general
				nursery stock inspection certificate to the applicant if, following a
				Department inspection, the nursery stock is found free of quarantine pests, and
				commercially clean of common pests that are adversely affecting the nursery
				stock.
a. The Department shall only certify
				nursery stock that is found free of quarantine pests. The applicant shall not
				remove from the nursery any nursery stock that is found infested with a
				quarantine pest until a Department inspector determines that the pest has been
				eliminated.
b. The Department shall
				restrict the movement of any nursery stock found infested with a common pest
				that a Department inspector determines is adversely affecting the nursery
				stock. The applicant shall establish a treatment program to control the pest
				and shall not remove the infested nursery stock from the nursery until a
				Department inspector determines that the pest has been
				controlled.