Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 70 - Plant Industries › Chapter 11 - Missouri Plant Law Quarantines › Section 2 CSR 70-11.040 - Bakanae of Rice Exterior Quarantine

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits the introduction of a
				  serious disease pest of rice, known as Bakanae of rice or Foolish Seedling
				  Disease, caused by the fungal organism,
Gibberella fujikuroi
(bakanae strains), into the state of Missouri, and establishes those articles
				  and areas which are to be regulated. In the absence of a federal quarantine to
				  prevent the movement and spread of this harmful disease of rice, it is
				  necessary that the state entomologist take action to insure that infected rice
				  seed and other regulated articles are not introduced into the state of
				  Missouri.
(1) It has been
				determined that a harmful disease pest of rice known as Bakanae (Foolish
				Seedling Disease), caused by the fungal organism
Gibberella
				fujikuroi
(bakanae strains), is not now known to be present in this
				state, is present in the state of California, designated as the infested area,
				and that its introduction into Missouri would result in serious loss and damage
				to the agriculture resources and to the general welfare of the state. Under the
				authority of section
				263.130,
				RSMo of the Missouri Plant Law, the state entomologist does hereby establish a
				quarantine to prevent the of entry of rice seed from infested areas into the
				state of Missouri, and now sets forth the name of the pest against which the
				quarantine is established, the infested areas, the articles regulated, the
				rules governing movement of regulated articles, the rules governing issuance of
				permits, the rules governing suppression activities and the penalty.
(2) The following definitions shall apply to
				this quarantine:
(A) Certificate-a document
				issued or authorized by the Missouri Department of Agriculture, 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.
(B) Compliance agreement-a written agreement
				between the Missouri Department of Agriculture 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).
(C) Exemptions-provisions contained in these
				regulations which allow for modifications in conditions of movement of
				regulated articles from regulated areas under specified conditions.
(D) Farm operator-a person responsible for
				the production and/or sale of a rice crop on any individual farm.
(E) Infected-the 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.
(F) Infested-actually infested with the
				organism or so exposed to infestation that it would be reasonable to believe
				that an infestation exists.
(G)
				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.
(H)
				Inspector-any authorized employee of the Missouri Department of Agriculture, or
				any other person authorized by the Missouri Department of Agriculture to
				enforce the provisions of quarantine and its rules.
(I) Limited permit-a document issued or
				authorized by an inspector 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.
(J) 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.
(K) Milled rice-rice that
				has been subjected to processing to produce products from rough rice.
(L) Milling rice
-
rice that has
				been produced, handled, acquired and destined for processing through a
				mill.
(M) Person-any individual,
				corporation, company, society, association or other business entity.
(N) Regulated area-any state or any portion
				of such state that is known to be infested with
Gibberella
				fujikuroi
(bakanae strains).
(O) 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.
(P) Rice mill-any manufacturing plant and all
				associated facilities that are involved in processing rough rice to produce
				rice related products.
(Q) Rice-all
				parts of rice and wild rice plants of the genera
Oryza.
(R) Rice
				hulls-the outer covering of the rice seed that usually is removed in the
				milling process.
(S) Rice
				production area-any area utilized in the growing of rice plants for production
				of the plant and/or subsequent seed for harvesting in the state of
				Missouri.
(T) 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.
(U) 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.
(V) Rough rice-rice seed
				harvested, handled and transported in the same form it was in immediately
				following harvest and removal from the rice plant.
(W) 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).
(X) 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.
(Y) 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).
(Z) Used rice
				equipment-any equipment previously used to harvest, strip, transport, destroy
				or process rice.