Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-10 - Pest freedom standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The pest freedom standards specified in this regulation shall apply to all live
			 plants grown, sold, distributed, planted, transported, moved, or given away by
			 a live plant dealer or the live plant dealer's designated agent. As used in
			 this regulation, "possessed" shall include being grown, sold, distributed,
			 planted, transported, moved, or given away.
(b) Live plants on which quarantine pests are
			 present shall be prohibited from entering the state or being possessed within
			 the state by live plant dealers or any live plant dealer's designated
			 agent.
(c) Live plants on which
			 regulated nonquarantine pests are present shall be prohibited from entering the
			 state or being possessed within the state by live plant dealers or any live
			 plant dealer's designated agent unless the live plants are within the limits as
			 specified in this regulation.
(d)
			 Live plants on which plant pests that are neither quarantine pests nor
			 regulated nonquarantine pests are present may enter the state and be possessed
			 by live plant dealers. These live plants shall remain subject to regulatory
			 action if the secretary finds that action is necessary to prevent or retard the
			 spread of a plant pest that could cause economic or environmental
			 harm.
(e) Only live plants free of
			 quarantine pests and within the limits for the presence of regulated
			 nonquarantine pests may be certified as meeting pest freedom standards. When
			 necessary for export, standards more stringent than those specified in this
			 regulation may be utilized by the secretary to ensure compliance with all
			 applicable quarantines and regulated nonquarantine pest freedom
			 standards.
(f) The classes of
			 regulated nonquarantine pests shall be the following, with the limits
			 specified:
(1) For insects and arachnids that
			 bore into live plants, scarab beetles, scale insects, and weevils, the number
			 of infested plants shall be zero percent of the total number of plants in the
			 lot, cultivar, or group of a single species of plant.
(2) For diseases known as viruses, viroids,
			 phytoplas-mas, spiroplasmas, mycoplasmas, the genera or species of diseases
			 caused by Phytophthora (a group of fungal diseases that infect various plants
			 and plant parts),
Bur-saphelenchus xylophilus
(pine wilt
			 nematode),
Meloidogyne
(root knot nematodes),
Erwinia
			 amylovora
(fire blight),
Agrobacterium tumefaciens
(crown gall), and bacterial species that can cause wilt disease, the
			 number of infected plants shall be zero percent of the total number of plants
			 in the lot, cultivar, or group of a single species of plant.
(3) For diseases known to cause wilts, galls,
			 cankers, root rot, and crown rot, the number of infected plants shall be less
			 than five percent of the total number of plants in the lot, cultivar, or group
			 of a single species of plant.
(4)
			 For plant parasitic nematodes, the number of infected plants with foliage
			 affected or root systems stunted or underdeveloped shall be less than five
			 percent of the total number of plants in the lot, cultivar, or group of a
			 single species of plant.
(5) For
			 foliar diseases of plants other than evergreens, the number of infected plants
			 with more than 10 percent of the foliage affected shall be less than 15 percent
			 of the total number of plants in the lot, cultivar, or group of a single
			 species of plant.
(6) For foliar
			 diseases of evergreens, the number of infected plants with more than one
			 percent of the foliage affected shall be less than five percent of the total
			 number of plants in the lot, cultivar, or group of a single species of
			 plant.