reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.09 - Movement For Experimental Or Scientific Purposes

Current through Register Vol. 42, No. 9, June 28, 2024
Sweet potato seed and/or sweet potato plants may be moved
				  within and into the state of Alabama for research purposes as long as such
				  propagating material is apparently pest free. Such propagating material, if
				  subsequently found not to be pest free, shall be handled in accordance with
				  Rule
				  80-10-2-.10, entitled
				  "Violations". The detection of pests associated with such sweet potato seed
				  and/or plants shall be immediately reported to the commissioner. This section
				  shall apply only to those recognized institutions involved with recognized
				  research endeavors.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.10 - Violations

Current through Register Vol. 42, No. 9, June 28, 2024
Sweet potato seed, sweet potato plants or sweet potato table
				  stock found infested with any pests which presents a potential hazard to the
				  sweet potato industry, or which is otherwise in violation of any of the
				  provisions of this chapter shall be declared to be a public nuisance and shall
				  be suspended from sale, confiscated, ordered to be destroyed, or destroyed by
				  the commissioner. The cost for removal and destruction of sweet potato seed, or
				  sweet potato plants, declared to be a public nuisance shall be borne by the
				  owner, shipper, or person in charge of such sweet potato seed, or sweet potato
				  plants. At the discretion of the commissioner, the sweet potato seed, or sweet
				  potato plants, or sweet potato table stock declared a public nuisance may be
				  shipped out of Alabama at the expense of the owner, shipper, or person in
				  charge of sweet potato seed, sweet potato plants, or sweet potato table
				  stock.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et
seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.11 - Authority To Enter

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner shall have power to enter into or upon any
				  place and to open any bundle, package or other container containing, or thought
				  to contain, sweet potatoes carrying pests, or sweet potato seed or plants
				  thought to be in violation of this chapter.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.12 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
Any person, firm, or corporation found guilty of violating
				  the provisions of this chapter shall be subject to the penalties provided for
				  in
Code of Ala. 1975
, §
									2-25-22.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to establish a quarantine
				  against the Japanese Beetle for the protection of horticultural and cultivated
				  crops in Alabama.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.02 - Previous Regulations, Rules And Quarantines Withdrawn

Current through Register Vol. 42, No. 9, June 28, 2024
That quarantine identified as Japanese Beetle Quarantine No.
				  7, dated December 3, 1975, and amendments thereto dated December 3, 1975, and
				  December 10, 1975, and all other amendments thereto and all other quarantines
				  against the Japanese Beetle are hereby repealed and withdrawn. The following
				  quarantine is substituted in their place.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.03 - Findings And Determinations

Current through Register Vol. 42, No. 9, June 28, 2024
It has been determined that the dangerous pest known as the
				  Japanese Beetle (Popillia japonica Newm.), defined as a pest under the
				  provisions of
Code of Ala. 1975
, §
									2-25-1(1),
				  has become established in the State of Alabama. It is also found and determined
				  that the above pest is injurious to Alabama horticultural and cultivated crops.
				  It is further determinated that a quarantine against said pest would be in the
				  best interests of horticulture and agriculture in Alabama.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.04 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this chapter, the following definitions
				  shall apply:
(1) Certificate. A
				document issued or authorized to be issued by the commissioner to allow the
				movement of regulated articles to any destination.
(2) Commissioner. The Commissioner of the
				Department of Agriculture and Industries of the State of Alabama, and his
				authorized representative.
(3)
				Compacted Soil. Soil attached to equipment which cannot be removed by brisk
				brushing and/or washing with water under normal city water pressure.
(4) Department. The Department of Agriculture
				and Industries of the State of Alabama.
(5) Compliance Agreement. A written agreement
				between a person, engaged in growing, dealing in, or moving regulated articles
				and the department, wherein the former agrees to comply with conditions
				specified in the agreement to prevent the dissemination of the Japanese
				Beetle.
(6) Exemptions. Conditions
				which provide for modifications in conditions of movement of regulated articles
				from regulated areas under specified conditions.
(7) Infestation. The presence of the Japanese
				Beetle or the existence of circumstances that make it reasonable to believe the
				Japanese Beetle is present.
(8)
				Mechanized Soil-Moving Equipment. Mechanized equipment used to move or
				transport soil, e.g., draglines, bulldozers, road scrapers, and dump
				trucks.
(9) Permit. A document
				issued or authorized to be issued by the commissioner to allow the movement of
				noncertified regulated articles to a specified destination for particular
				handling, utilization, or processing, or for treatment.
(10) Person. Any individual, firm,
				partnership, concern, corporation, association or other legal entity or
				organization.
(11) Moved, Movement,
				Move. Shipped, deposited for transmission in the mail, offered for shipment,
				received for transportation, carried, otherwise transported or moved, or
				allowed to be moved, by any means whatsoever, by any person, directly or
				indirectly.
(12) Pest. The insect
				known as the Japanese Beetle (Popillia japonica Newm.) in any stage of
				development.
(13) Scientific
				Permit. A document issued or authorized to be issued by the commissioner to
				allow the movement to a specific destination of regulated articles for
				scientific purposes.
(14) Soil.
				Soil shall be considered as that part of the upper layer of earth in which
				plants can grow.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.05 - Quarantine Imposed

Current through Register Vol. 42, No. 9, June 28, 2024
Upon the findings and determinations set out in Rule
				  80-10-4-.03,
				  it is Hereby Ordered, under the provisions of
Code of Ala.
				  1975
, §
									2-25-4(5),
				  that a quarantine be imposed upon the articles and pest set out in this
				  chapter, subject to the conditions imposed by these rules.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.06 - Regulated Articles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				following pest and articles shall be regulated by these rules:
(a) The Japanese Beetle (Popillia japonica
				Newm.) in any living stage of development;
(b) Soil, humus, compost, muck, peat, and
				decomposed manure, separately or with other things;
(c) Plants with roots with soil attached,
				except houseplants grown in the home and not for sale, greenhouse grown plants,
				soil-free aquatic plants;
(d) Grass
				sod;
(e) Plant crowns and roots for
				propagation;
(f) True bulbs, corms,
				rhizomes and tubers of ornamental plants;
(g) Used mechanized soil-moving
				equipment;
(h) Any other products,
				articles, or means of conveyance of any character whatsoever not covered by
				paragraphs (1)(a) through (1)(g) of this rule, when it is determined by the
				commissioner that they present a hazard of spread of the Japanese Beetle and
				the person in possession thereof has been so notified.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.07 - Regulated And Suppressive Areas

Current through Register Vol. 42, No. 9, June 28, 2024
The following areas shall be deemed regulated.
(1) Out-of-state regulated areas:
Connecticut Maryland Ohio
Delaware Massachusetts Pennsylvania
District of Columbia Michigan Rhode Island
Georgia Missouri South Carolina
Illinois New Hampshire Tennessee
Indiana New Jersey Vermont
Kentucky New York Virginia
Maine North Carolina West Virginia
(2) Alabama areas regulated:
Calhoun County. Sec. 1-3, 11-16, 21, T. 16 S., R. 9 E.; Sec.
				  1-5, 9-16, 21-36, T. 15 S., R. 9 E.; Sec. 1-36, T. 14 S., R. 9 E.
Clay County. Sec. 1-36, T. 18 S., R. 9 E.
Cleburne County. The entire county.
DeKalb County. That portion east and north of the
				  intersection of I-59 and Alabama Highway 35.
Jackson County. The entire county.
Lee County. Sec. 12, 13, 24, 25, T. 19 S., R. 26 E.; Sec.
				  3-11, 14-23, 27-30, T. 19 S. R. 27 E.
Madison County. That portion east of U.S. Highway 431.
Marion County. Sec. 16-21, 28-33, T. 11 S., R. 14 W.; Sec.
				  4-6, T. 11 S., R. 14 W.; Sec. 13-14, 23-26, 35-36, T. 10 S., R. 15 W.; Sec.
				  1-2, T. 11 S., R. 15 W.; Sec. 25-27, 34-36, T. 9 S., R. 11 W.; Sec 1-3, 10-15,
				  22-24, T. 10 S., R. 11 W.
Marshall County. That portion east of the west border of R. 3
				  E. and north of the south border of T. 7 S.
Randolph County. The entire county.
Tuscaloosa County. T. 20 S., R. 9 W.
Winston County. Sec. 28-33, T. 9 S., R. 10 W; Sec. 4-9,
				  16-21, T. 10 S., R. 10 W.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.08 - Certificate Or Permit Required For Movement Of Articles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Unless specified otherwise in these
				rules, a certificate or permit must accompany the movement of regulated
				articles from any regulated area into or through any point outside thereof.
				Regulated articles originating outside of a regulated area may be moved without
				a certificate or permit if the point of origin is clearly indicated on the
				shipping document accompanying the regulated articles, provided, in the case of
				articles moved through a regulated area, the regulated articles are protected
				from infestation, while within regulated areas, to the satisfaction of the
				commissioner. In all cases certificates and permits shall be furnished by the
				carrier to the consignee at the destination of the shipper.
(2) Certificates or permits shall be securely
				attached to the outside of the container in which the regulated articles are
				moved except where the certificate or permit is attached to the shipping
				document and the regulated articles are adequately described on the shipping
				document or on the certificate or permit, the attachment of the certificate or
				permit to each of the containers is not required.
(3) Regulated articles may be moved for
				experimental or scientific purposes in accordance with conditions specified by
				the commissioner provided a scientific permit is securely attached to the
				container of such regulated articles or to the article itself.
(4) Before the issuance of a certificate or
				permit, all requirements under other applicable quarantines must be met.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.09 - Issuance Of Certificates And Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certificates may be issued by the
				commissioner if the regulated articles meet the following:
(a) Have originated in noninfested premises
				in a regulated area and have not been exposed to infestation while within the
				regulated area; or
(b) Upon
				examination, have been found to be free of infestation; or
(c) Have been treated to destroy infestation
				in accordance with approval procedures; or
(d) Have been grown, produced, manufactured,
				stored, or handled in such a manner that no infestation would be transmitted
				thereby.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.10 - Movement Of Regulated Articles Within Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
There are no restrictions imposed on the movement of
				  regulated articles within regulated areas unless the articles originate on
				  infested properties and the commissioner has determined that a hazard of spread
				  exists and the property owner has been so notified. A property owner so
				  notified may move the specified regulated articles within the regulated area
				  only under conditions approved by the commissioner.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.11 - Compliance Agreement Required

Current through Register Vol. 42, No. 9, June 28, 2024
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 spread of infestation
				  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 commissioner.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.12 - Inspection And Disposal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Under
				the provisions of
Code of Ala. 1975
, §
									2-25-3,
				the commissioner may, after first being properly identified, stop and inspect,
				without a warrant, any person or means of conveyance moving into, within or
				from the state of Alabama upon probable cause to believe that such means of
				conveyance or articles are infested with the Japanese Beetle; and the
				commissioner is authorized to seize, treat, destroy, or otherwise dispose of
				articles found to be moving in violation of these rules.
(2) Any costs incurred in implementing the
				provisions of these rules shall not be borne by the department with the
				exception of the services of its agents.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-4 - JAPANESE BEETLE QUARANTINE › Section 80-10-4-.13 - Penalty For Violation

Current through Register Vol. 42, No. 9, June 28, 2024
Any person violating the provisions of this regulation shall
				  be subject to the penalties imposed under the provisions of
Code of
				  Ala. 1975
, §
									2-25-22.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.01 - Determination And Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It has
				been determined that the destructive insect known as the sweet potato weevil,
				Cylas formicarius elegantulus Summers, defined as an insect pest under the
				provisions of
Code of Ala. 1975
, §
									2-25-1(1),
				has been established in the state of Alabama. It is also found and determined
				that the above insect pest is injurious to Alabama's sweet potato industry. It
				is also found and determined that a quarantine against said insect pest would
				be in the best interests of horticulture and agriculture in Alabama.
(2) The purpose of this quarantine is to
				establish a quarantine against the sweet potato weevil for the protection of
				the sweet potato industry of Alabama.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this quarantine, the following
				  definitions shall apply:
(1)
				Infestation. The presence of the sweet potato weevil in any stage of
				development, or the existence of circumstances which make it reasonable to
				believe that the sweet potato weevil is present.
(2) Regulated Area. Any county, parish,
				township, city or other civil division or part thereof in any state or
				territory listed in this quarantine as being placed under quarantine, and such
				other areas as may become infested or deemed to present a hazard of spread of
				the sweet potato weevil.
(3)
				Certificate of Quarantine Compliance. A certificate or document issued by a
				duly authorized official representative of the state of origin verifying
				compliance with the provisions of this quarantine. Such certificate shall
				specify pesticidal treatment applied, place where grown, name and address of
				distributor or consignor, tag number of truck and/or trailer and state of
				registration, car number if by rail, and name and address of consignee.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.03 - Quarantine Imposed

Current through Register Vol. 42, No. 9, June 28, 2024
Upon the findings and determinations set out in Rule
				  80-10-5-.01 above, it is Hereby Ordered under the provisions of
Code of Ala.
				  1975
, §
									2-25-4(5),
				  that a quarantine be imposed upon the articles and pest set out in this
				  quarantine, subject to the conditions imposed by this quarantine.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.04 - Articles And Pest Regulated

Current through Register Vol. 42, No. 9, June 28, 2024
The following articles and pest shall be regulated by this
				  quarantine:
(1) The living sweet
				potato weevil in any stage of development;
(2) Sweet potato, Ipomoea batatas (L) Lam.,
				roots, plants, vines or parts thereof;
(3) Any vines or roots of other plants
				belonging to the general Ipomoea and Convolvulus;
(4) Such other plants as may be found to be
				hosts of the sweet potato weevil.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.05 - Out-Of-State Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
Out-of-state regulated areas are as follows:
(1) Florida: Entire state.
(2) Georgia: Counties of Brantley, Bryan,
				Camden, Chatham, Colquitt, Dougherty, Glynn, Grady, Liberty, McIntosh, Tift,
				and Ware.
(3) Louisiana: Counties
				of Acadia, Allen, Ascension, Assumption, Avoyelles, Beauregard, Bienville,
				Bessier, Caddo, Calcasieu, Caldwell, Cameron, East Baton Rouge, East Feliciana,
				Evangeline, Iberia, Iberville, Jackson, Jefferson, Jefferson Davis, LaFayette,
				Lafourche, Lincoln, Livingston, Natchitoches, Orleans, Ouachita, Plaquemines,
				Pointe, Coupee, Rapides, Red River, Sabine, St. Bernard, St. Charles, St.
				Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St.
				Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, Washington, West Baton
				Rouge, West Carroll and West Feliciana.
(4) Mississippi: Counties of Adams, Amite,
				Clarke, Copiah, Covington, Forrest, Franklin, George, Greene, Granada, Hancock,
				Harrison, Jackson, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Lincoln,
				Marion, Pearl River, Perry, Pike, Simpson, Smith, Stone, Walthall, Wayne and
				Wilkinson.
(5) South Carolina:
				Counties of Beaufort and Charleston.
(6) Texas: Counties of Anderson, Angelina,
				Aransas, Atascosa, Austin, Bandera, Bastrop, Bee, Bell, Bexar, Blanco,
				Brazoria, Brazos, Brooks, Burleson, Burnet, Caldwell, Calhoun, Cameron,
				Chambers, Cherokee, Colorado, Comal, Coryell, Dewitt, Dimmit, Duval, Edwards,
				Falls, Fayette, Ft. Bend, Frio, Galveston, Goliad, Gonzales, Grimes, Guadalupe,
				Hardin, Harris, Hays, Hidalgo, Houston, Jackson, Jasper, Jefferson, Jim Hogg,
				Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kinney, Kleberg, Lampasas, LaSalle,
				Lavaca, Lee, Leon, Liberty, Live Oak, Madison, Matagorda, Maverick, McMullen,
				Medine, Milam, Montgomery, Nacogdoches, Newton, Neuces, Orange, Panola, Polk,
				Real, Refugio, Robertson, Rusk, Sabine, San Augustine, San Jacinto, San
				Patricio, Shelby, Starr, Travis, Trinity, Tyler, Uvalde, Val Verde, Victoris,
				Walker, Waller, Washington, Webb, Wharton, Willacy, Williamson, Wilson, Zapata
				and Zavalla.
(7) Others: Any other
				counties, or portions thereof of any state hereinafter found to have sweet
				potato weevil infestations.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.06 - Alabama Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama regulated areas are as follows:
(1) The entire counties of Baldwin, Butler,
				Choctaw, Clarke, Coffee, Conecuh, Covington, Escambia, Geneva, Henry, Houston,
				Mobile, Monroe, Washington.
(2)
				That portion of Russell County consisting of the N 1/2 of T 16 N, R 30 E; NE
				1/4 of T 16 N, R 29 E; E 1/2 of T 17 N, R 29 E; all of T 17 N, R 30 E; all of T
				18 N, R 30 E.
(3) The entire county
				of Baldwin except the area bordered by I-10 to the North, AL-181 to the West,
				Baldwin Beach Expressway/Foley Beach Expressway to the East, and US98 to the
				South.
(4) Any other portions of
				Alabama not listed above, hereinafter found to have sweet potato weevil
				infestations shall at this time be designated a regulated area.
Authors:
Charles H. Barnes, Robert J. Russell,
					 Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.07 - Requirements For Weevil Free Sweet Potatoes Entering Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Sweet potatoes
				entering into Alabama from areas of other states that are sweet potato weevil
				free must have firmly attached to the outside of each container a tag, green in
				color, issued by a duly authorized official representative of the state of
				origin, indicating that the sweet potatoes on which the tag is issued were
				grown, stored and inspected in a sweet potato weevil free area.
(2) Each load shall also be accompanied by a
				duly executed certificate of quarantine compliance as defined in Rule
				80-10-4-.02(3).
(3) It shall be the duty of each Alabama
				store manager or other person purchasing out-of-state sweet potatoes to inquire
				of the seller or distributor the area or source where the sweet potatoes were
				grown or stored, and if the sweet potatoes were grown or stored in sweet potato
				weevil free areas of other states, such store manager or other person making
				such purchase shall not purchase such sweet potatoes unless there is attached
				to each container the green tag containing the above information.
(4) Sweet potatoes entering Alabama from
				areas of other states designated as sweet potato weevil free, enroute to such
				places as canning plants, military installations or other such type places
				where there is immediate processing or special handling, may be shipped in
				bulk. Each load under the above conditions shall be accompanied by a
				certificate of quarantine compliance as defined in Rule
				80-10-5-.02(3).
(5) Sweet potatoes originating from a sweet
				potato weevil free area that enter regulated areas of Alabama and other states
				may not then be later moved into an Alabama sweet potato weevil free area
				unless said sweet potatoes have been treated by proper fumigation.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.08 - Requirements For Sweet Potatoes Entering Alabama From Regulated States

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Sweet potatoes
				entering Alabama from areas of other states designated as "Regulated" must be
				accompanied by a valid certificate of quarantine compliance. Each container
				shall also have firmly attached to it a tag, manila in color, issued by a duly
				authorized official representative of the state of origin, certifying that the
				sweet potatoes have been properly fumigated; that they have been packed and
				handled under such conditions as to eliminate any danger of the spread of the
				sweet potato weevil; that the articles certified are apparently free from
				infestation of the sweet potato weevil.
(2) Sweet potatoes entering Alabama from
				areas of other states designated as regulated areas, enroute to such places as
				canning plants, military installations or other such type places where there is
				immediate processing or special handling, may be shipped in bulk. Each load
				must be properly fumigated and shall be accompanied by a certificate of
				quarantine compliance as defined in Rule
				80-10-5-.02(3) above.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.09 - Requirements For Sweet Potatoes Produced In And Only Moved Within Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Sweet potatoes produced in sweet potato weevil free areas in
				  Alabama and only moved within the boundaries of the state are not required to
				  have green tags attached to each container, or be accompanied by a certificate
				  of quarantine compliance. However, persons in possession of such sweet potatoes
				  shall, upon request of the commissioner, provide documentation as to the origin
				  of such material.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.10 - Requirements For Sweet Potatoes Moving Into Regulated Areas Of Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Any sweet potatoes originating from any area moving into a
				  regulated area in Alabama shall not then be moved back into a sweet potato
				  weevil free area of the state unless said articles meet the requirements of
				  Rule
				  80-10-5-.08(2).
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.11 - Requirements For Regulated Articles Produced In Regulated Areas Of Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Regulated articles under Rule
				  80-10-5-.04 above, produced within an area designated as a regulated area in Alabama as
				  defined in Rule
				  80-10-5-.02(2) above, shall be handled as follows:
(1) Owners and/or persons in charge of
				properties infested with sweet potato weevils and properties within one mile of
				such infested properties shall not save seed sweet potatoes nor produce slips,
				vines, cuttings, draws, or any other parts thereof.
(2) Owners and/or persons in charge of
				properties not infested with sweet potato weevils and which are at least one
				mile from the nearest infestation may save seed sweet potatoes and produce
				slips, vines, cuttings, draws, or any parts thereof, provided:
(a) The seed sweet potatoes be hand selected
				and apparently free of sweet potato weevils and be treated with approved
				pesticides at the time of storage;
(b) The seed beds be treated as recommended
				with approved pesticides;
(c) All
				host material in and around the seed beds be completely destroyed immediately
				following the last pulling of plants and not later than August 1;
(d) The seed sweet potatoes, slips, vines,
				cuttings, draws, or any parts thereof be used only on the property where
				produced.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.12 - Seed Sweet Potatoes And Plants Must Be Certified

Current through Register Vol. 42, No. 9, June 28, 2024
Seed sweet potatoes and sweet potato plants may not be sold,
				  offered for sale, traded, or given away in Alabama unless they are certified
				  under provisions set forth by the commissioner.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.13 - Requirements For Lifting Quarantine

Current through Register Vol. 42, No. 9, June 28, 2024
Properties located within a regulated area may be released
				  from quarantine if no sweet potato weevils have been found within the past
				  three consecutive years. The minimum area which may be considered for release
				  shall be no less than four square miles, to include the buffer area. The
				  commissioner may waive the requirements set out in this rule if he determines
				  that it would be in the best interests of agriculture and the citizens of the
				  state.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.14 - Authority Of Commissioner To Inspect And Seize

Current through Register Vol. 42, No. 9, June 28, 2024
Under the provisions of
Code of Ala.
				  1975
, §
									2-25-3,
				  the commissioner may, after first being properly identified, stop and inspect,
				  without a warrant, any person or means of conveyance moving into, within or
				  from the state of Alabama upon probable cause to believe that such means of
				  conveyance or articles are infested with the sweet potato weevil, and he is
				  authorized to seize, treat, destroy, or otherwise dispose of articles found to
				  be moving in violation of these rules.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.15 - Violation Of Quarantine

Current through Register Vol. 42, No. 9, June 28, 2024
Any person violating any provisions of this quarantine shall
				  be subject to the penalties imposed under the provisions of
Code of
				  Ala. 1975
, §
									2-25-22.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.16 - Previous Quarantine Repealed

Current through Register Vol. 42, No. 9, June 28, 2024
That quarantine identified as Sweet Potato Weevil Quarantine
				  No. 2, dated May 28, 1968, and amendments thereto dated July 16, 1981,
				  September 30, 1981, and all other amendments thereto and all other quarantines
				  against the sweet potato weevil are hereby repealed and withdrawn.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-5 - SWEET POTATO WEEVIL QUARANTINE › Section 80-10-5-.17 - Commissioner May Waive Quarantine Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The Commissioner of Agriculture and Industries may, in his
				  discretion, waive any duty, requirement, or any other provision of this
				  quarantine for any time period necessary, if he determines that said waiver
				  would be in the best interests of agriculture, the sweet potato industry and
				  the citizens of Alabama.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.01 - Determination Of Problem And Establishment Of Quarantine

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It has been determined that the
				destructive insect pest known as the black imported fire ant, Solenopsis
				richteri Forel and the red imported fire ant, Solenopsis invicta Buren has
				become established in the state of Alabama as well as in other states. It is
				also found and determined that this pest is extremely injurious to Alabama
				cultivated crops and that a quarantine against said pest would be in the best
				interest of horticulture and agriculture in Alabama.
(2) Due to the above determination, a
				quarantine against the above defined pest is hereby established.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this quarantine and regulations, the
				  following shall be construed respectively to mean:
(1) Certificate of Inspection. A document
				issued by the commissioner to allow the movement of regulated articles to any
				destination. Such certificate of inspection shall also be construed to imply
				complete compliance with restrictions noted in this quarantine.
(2) Commissioner. The Commissioner of the
				Department of Agriculture and Industries of the State of Alabama, or his
				authorized representatives.
(3)
				Compacted Soil. Soil attached to equipment which cannot be removed by brisk
				brushing and/or washing with water under normal city water pressure.
(4) Compliance Agreement. A written agreement
				between a person or concern engaged in growing, dealing in, or moving regulated
				articles and the Alabama Department of Agriculture and Industries, wherein the
				former agrees to comply with conditions specified in the agreement to prevent
				the dissemination of the imported fire ant.
(5) Exemptions. Conditions described herein
				which provide for modifications in conditions of movement of regulated articles
				from regulated areas under specified conditions.
(6) Infestations. The presence of the
				imported fire ant or the existence of circumstances that make it reasonable to
				believe that the imported fire ant is present.
(7) Mechanized Soil-Moving Equipment.
				Mechanized equipment used to move or transport soil, e.g., draglines,
				bulldozers, road scrapers, and dump trucks.
(8) Permit. A document issued by the
				commissioner to allow the movement of noncertified regulated articles to a
				specified destination for particular handling, utilization, or processing, or
				for treatment.
(9) Person. Any
				individual, firm, partnership, corporation, association or other legal entity
				or organization.
(10) Moved,
				Movement, Move. Shipped, deposited for transmission in the mail, offered for
				shipment received for transportation, carried, otherwise transported or moved,
				or allowed to be moved, by any means whatsoever, by any person, directly or
				indirectly.
(11) Pest. The insect
				known as the imported fire ant, two species, Solenopsis richteri Forel and
				Solenopsis invicta Buren in any stage of development.
(12) Regulated Area. Any county, parish,
				township, city or other civil division or part thereof in any state, country,
				or territory listed in this quarantine as being placed under quarantine, and
				such other areas as may become infested or deemed to present a hazard of spread
				of the imported fire ant.
(13)
				Soil. Soil shall be considered as that part of the upper layer of earth in
				which plants can grow.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.03 - Articles Regulated

Current through Register Vol. 42, No. 9, June 28, 2024
The following pests and articles shall be regulated by this
				  quarantine.
(1) The black imported
				fire ant, Solenopsis richteri Forel, and the red imported fire ant, Solenopsis
				invicta Buren, in any living stage of development;
(2) Soil, compost, decomposed manure, humus,
				muck and peat, separately or with other things;
(3) Plants with roots with soil
				attached;
(4) Grass sod;
(5) Hay and straw;
(6) Used mechanized soil-moving
				equipment;
(7) Any other products,
				articles, or means of conveyance of any character whatsoever, when it is
				determined by the commissioner that they present a hazard of spread of imported
				fire ant and the person in possession thereof has been so notified.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.04 - Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
All infested areas of Alabama, Arkansas, Florida, Georgia,
				  Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Texas and
				  all other state or additional areas within currently quarantined states
				  hereafter found to be infested with imported fire ants are deemed regulated
				  areas.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.05 - Certificates And Permit Required

Current through Register Vol. 42, No. 9, June 28, 2024
Unless exempted, a certificate or a permit must accompany the
				  movement of regulated articles from any regulated area into or through any
				  point outside thereof. Regulated articles originating outside of a regulated
				  area may be moved without a certificate or permit if the point of origin is
				  clearly indicated on the shipping document accompanying the regulated articles,
				  provided, in the case of articles moved through a regulated area, the regulated
				  articles are protected from infestation, while within regulated areas, to the
				  satisfaction of the commissioner.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.06 - Attachment Of Permits And Certificates

Current through Register Vol. 42, No. 9, June 28, 2024
When certificates or permits are required, they shall be
				  securely attached to the outside of the container in which the articles are
				  moved except where the certificate or permit is attached to the shipping
				  document and the regulated articles are adequately described on the shipping
				  document or on the certificate or permit, the attachment of the certificate or
				  permit to each of the containers is not required.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.07 - Requirements For Obtaining A Certificate Of Inspection

Current through Register Vol. 42, No. 9, June 28, 2024
Certificates may be issued by the commissioner if the
				  regulated articles:
(1) Have
				originated in noninfested premises in a regulated area and have not been
				exposed to infestation while within the regulated area; or
(2) Upon examination, have been found to be
				free of infestation; or
(3) Have
				been treated to destroy infestation in accordance with approval procedures;
				or
(4) Have been grown, produced,
				manufactured, stored, or handled in such a manner that no infestation would be
				transmitted thereby.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.08 - Issuance Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
Permits may be issued by the commissioner to allow the
				  movement of noncertified regulated articles to locations outside the regulated
				  areas for particular handling, utilization, processing, or for treatment in
				  accordance with approved procedures, provided the commissioner has determined
				  that such movement will not result in the spread of the imported fire
				  ant.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.09 - Movement Of Regulated Articles Within Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
There are no restrictions imposed on the movement of
				  regulated articles within regulated areas unless the articles originate on
				  infested properties and the commissioner has determined that a hazard of spread
				  exists and the property owner has been so notified. A property owner so
				  notified may move the specified regulated articles within the regulated area
				  only under conditions approved by the commissioner.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.10 - Disposition Of Certificates And Permits

Current through Register Vol. 42, No. 9, June 28, 2024
In all cases, certificates and permits shall be furnished by
				  the carrier to the consignee at the destination of the shipment.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.