Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.04-006 - Official Standards for Seed Certification

Current through Register Vol. 49, No. 6, June, 2024
Proposed Arkansas
Gibberella fujikuroi
(bakanae strains) Quarantine
Regulations
Additions to: CIRCULAR 11
SECTION VIII. QUARANTINES
11.
Gibberella fujikuroi
(bakanae strains,) Quarantine
NOTICE OF QUARANTINE:
The Arkansas State Plant Board has found and determined and
				does hereby declare the fungus
Gibberella fujikuroi
(bakanae
				strains), causal agent of the rice disease
Bakanae,
commonly known
				as "foolish seedling disease", a public nuisance, a pest and a menace to the
				rice industry.
The purpose of this quarantine is to prohibit introduction of
				the disease and its causal agent into rice production areas of Arkansas. The
				movement of
Gibberella fujikuroi
(bakanae strains) regulated
				articles from infested areas into Arkansas is hereby restricted.
QUARANTINE
				IMPLEMENTATION:
The Arkansas State Plant Board will implement the
Gibberella fujikuroi
(bakanae strains)/Bakanae or Foolish
				Seedling Disease of Rice-quarantine immediately upon adoption of the
				regulations. Regulatory action will be implemented at the discretion of the
				Board.
DEFINITIONS:
Certificate-
A document issued or authorized by
				the Arkansas State Plant Board, or regulatory official of the state of origin,
				indicating that a regulated article is not contaminated with
Gibberella
				fujikuroi
(bakanae strains), or has been treated in such a manner as
				to eliminate the organism. Such articles may be moved to any
				destination.
Compliance Agreement-
A written agreement between
				the Arkansas State Plant Board and any person engaged in growing, dealing in or
				moving regulated articles wherein the latter agrees to comply with conditions
				specified in the agreement to prevent the dissemination of
Gibberella
				fujikuroi
(bakanae strains).
Exemptions-
Provisions contained in these
				Regulations which allow for modifications in conditions of movement of
				regulated articles from regulated areas under specified conditions.
Farm Operator-
Person responsible for the
				production and sale of a rice crop on any individual farm.
Infected-
Presence of the causal organism on or in
				seed or any plant part that may or may not sustain and support the living and
				reproduction of the organism.
Infested-
Actually infested with the organism or
				so exposed to infestation that it would be reasonable to believe that an
				infestation exists.
Inoculum-
Spores or any other part of the causal
				organism that might serve to cause the organism to survive and reproduce on any
				plant or plant part that it comes into contact with.
Inspector-
Any authorized employee of the Arkansas
				State Plant Board, or any other person authorized by the Arkansas State Plant
				Board to enforce the provisions of these rules.
Limited Permit-
A document issued or authorized by
				the Arkansas State Plant Board or a designated regulatory official to provide
				for the movement of regulated articles to restricted destination for limited
				handling, utilization or processing or for treatment.
Mill Operator-
A person responsible for the
				operation of a manufacturing plant, and all facilities of that plant, involved
				in the processing, packaging or handling of rough rice and rice
				products.
Milled Rice-
Rice that has been subjected to
				processing to produce products from rough rice.
Milling Rice-
Rice that has been produced,
				handled, acquired and destined for processing through a mill.
Person-
Any individual, corporation, company,
				society, association or other business entity.
Regulated Area-
Any state or any portion of such
				state that is known to be infested with
Gibberella fujikuroi
(bakanae strains).
Research Rice-
Any rice seed or rice plant parts
				that are to be used in a recognized research project conducted by a state or
				federal program under the supervision of a trained and credentialed
				professional staff that has in place proper safety programs to prevent the
				accidental release and/or spread of the disease.
Rice Mill-
Any manufacturing plants and all
				associated facilities that are involved in processing rough rice to produce
				rice related products.
Rice-
All parts of rice and wild rice plants of
				the genera
Oryza.
Rice Hulls-
The outer covering of the rice seed
				that usually is removed in the milling process.
Rice Production Area-
Any area utilized in the
				growing of rice plants for production of the plant and/or subsequent seed for
				harvesting.
Rice Products-
Any commodity or product that has
				been produced from any part of the rice plant and may contain parts of the
				original plant structure or they may be unrecognizable as having originated
				from the rice plant because of being subjected to additional processing.
Rice Mill Waste-
Any trash or discarded material
				that was originally contained or in contact with rice plants, seed or other
				plant parts utilized in a milling process.
Rough Rice-
Rice seed harvested, handled and
				transported in the same form it was in immediately following harvest and
				removal from the rice plant.
Seed Assay-
Any test available to be applied to a
				sample, lot or other quantity of seed to determine the presence of
Gibberella fujikuroi
(bakanae strains).
Seed Rice-
Seed removed from the rice plant and
				subjected to such processing as to make the seed suitable for use as planting
				material for subsequent rice crops. This processing may include but is not
				limited to cleaning, treating and bagging. Depending on the handling and
				products applied to this seed it may or may not be suitable for human
				consumption.
Treatment-
Any process that may be applied to rice
				seed or other plant parts in an attempt to modify/or affect the presence
				of
Gibberella fujikuroi
(bakanae strains).
Used Rice Equipment-
Any equipment previously used
				to harvest, strip, transport, destroy or process rice.
REGULATAED ARTICLES:
The following are regulated under the provisions of this
				Section:
(1) The causal agent,
Gibberella fujikuroi
(bakanae strains), in any living stage of
			 development;
(2) Rice;
(3) Rough Rice;
(4) Seed Rice;
(5) Research Rice;
(6) Milling Rice;
(7) Rice Hulls;
(8) Rice Mill Waste;
(9) Used Rice Equipment;
(10) Any other products, articles or means of
			 conveyance, not covered by subparagraphs (1) to (9) of this Rule, when
			 determined by an inspector they present a hazard of spread of
Gibberella fujikuroi
(bakanae strains) and the person in
			 possession thereof has been so notified.
CONDITIONS GOVERNING THE MOVEMENT OF
				REGULATED ARTICLES:
The following conditions govern the movement of regulated
				articles:
(1) A certificate or limited
			 permit is required to transport regulated articles from a regulated area into
			 or through any rice production area.
(2) A certificate or limited permit for
			 movement of regulated articles may be obtained from the Arkansas State Plant
			 Board or an authorized cooperator/collaborator agency.
(3) A certificate or limited permit may be
			 issued by an inspector if a regulated article:
a. Has originated in the non-infested area of
			 this state or in a non-infested area of any other state and has not been
			 exposed to infestation at any time; or
b. Has been treated to eliminate infestation;
			 or
c. Has been subjected to a seed
			 assay to determine if the causal agent is present and none is found;
			 or
d. Has been grown, manufactured,
			 stored or handled in such a manner that in the judgment of the inspector no
			 infestation will be transmitted thereby.
(4) Limited permits may be issued by an
			 inspector to allow the movement of non-certified regulated articles for
			 specified handling, utilization, processing or treatment in accordance with
			 approved procedures, provided the inspector has determined that such movement
			 will not result in the spread of
Gibberella ffujikuroi
(bakanae strains).
(5) When
			 certificates or limited permits are required, they shall be securely fastened
			 to the regulated article or to the outside of the container in which the
			 regulated article is being moved.
(6) Any certificate or limited permit which
			 has been issued or authorized may be withdrawn by the inspector if he
			 determines that the holder thereof has not complied with any conditions for the
			 use of such documents or with any conditions contained in a compliance
			 agreement.
(7) Persons requesting
			 certification or a limited permit must request the services from an
			 inspector(s) at least 48 hours before the services are needed. The regulated
			 articles must be assembled at the place and manner in which the inspector
			 designates outside the rice production area. The following information must be
			 provided at the time the request is submitted:
a. The quantity of the regulated article to
			 be moved,
b. The location of the
			 regulated article,
c. The names and
			 addresses of the consignee and consignor,
d. The method of shipment, and
e. The scheduled date of shipment.
QUARANTINE AREA:
Any rice production area where
Gibberella fujikuroi
(bakanae strains) and/or Bakanae (Foolish Seedling Disease) have been
				confirmed to occur.
INSPECTION AND DISPOSAL:
An inspector is authorized to stop and inspect any regulated
				article moving into a rice production area. Any article found to be infested
				with
Gibberella fujikuori
(bakanae strains) or having
				originated in an area where
Gibberella fujikuori
(bakanae
				stains) is known to occur and not certified, shall be subject to treatment or
				confiscation and destruction, without compensation, as required by the Arkansas
				State Plant Board.
COMPLIANCE AGREEMENT:
(1) As a condition of issuance of
			 certificates or limited 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/she:
a. Maintain such safeguards against the
			 establishment and spread of any infestation;
b. Comply with such conditions as to the
			 maintenance of identity, handling and subsequent movement of such articles; and
c. Cleaning and treatment of means
			 of conveyance and the containers used in the transportation of such articles as
			 may be require by the inspector.
(2) Any compliance agreement may be cancelled
			 by the inspector who is supervising its enforcement whenever he finds, after
			 notice and opportunity to present views has been accorded to the other party
			 thereto, that such other party has failed to comply with the conditions of the
			 agreement. Any compliance agreement may be cancelled when compliance is no
			 longer required.
VIOLATIONS AND PENALTIES:
Any violation of these rules may be subject to civil penalties
				under the authority of the Arkansas Plant Act of 1917, A.C. A. Section
				2-16-203.