New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.9 - RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All regulated
				articles are prohibited entry into New Mexico from areas under quarantine
				unless they have the required certificate. A phytosanitary certificate or
				compliance agreement issued by an authorized state agricultural official of the
				origin state must accompany regulated articles moved from the quarantined area
				into New Mexico. Compliance agreements must be preapproved by the New Mexico
				state plant regulatory official prior to shipment. The certificate must state
				that the regulated article is certified free of Japanese beetle based on one of
				the following options.
(1) Regulated article
				originated in certified Japanese beetle-free premises in a quarantined area and
				has not been exposed to an infestation while within the quarantined area.
				Premises approved by the state plant regulatory official include Japanese
				beetle-free greenhouse or screenhouse that has been inspected annually and
				approved by an authorized state agricultural official of the origin state as
				being Japanese beetle free in accordance to criteria specified in the U.S.
				Japanese beetle harmonization plan, Appendix 1, "Production in an approved
				Japanese-free greenhouse/screenhouse." The following additional declaration
				shall appear on the state phytosanitary certificate, "The rooted plants (or
				crowns) were produced in an approved Japanese beetle-free greenhouse or
				screenhouse."
(2) Regulated article
				production cycle completed and shipped during an adult Japanese beetle-free
				period. The adult Japanese beetle-free period will be based on recent trapping
				information conducted by an authorized state agricultural official of the
				origin state for that location. Only plants grown in sterilized and soilless
				medium will be considered for entry into New Mexico under this certification.
				The following additional declaration shall appear on the state phytosanitary
				certificate, "The plants were produced and shipped outside the adult Japanese
				beetle flight period."
(3)
				Regulated article treated to destroy Japanese beetle infestations in accordance
				with the
U.S. Japanese beetle harmonization plan,
Appendix 1,
				"
application of approved regulatory treatment.
" The following
				additional declaration shall appear on the state phytosanitary certificate,
				"The rooted plants were treated to control
Popillia japonica,
in accordance to the criteria for shipment to Category 1 states as
				provided in the
U.S. domestic Japanese beetle harmonization
				plan
, or treated using a method approved by the New Mexico state plant
				regulatory official."
(4) Regulated
				article subject to
origin detection survey
. Regulated articles
				originating from specific counties not infested with Japanese beetle and within
				infested states may be accepted if the county of origin is shown not to be
				infested with Japanese beetle based on current and historic adult surveys. An
				authorized state agricultural official of the origin state must reapply
				annually in writing to the New Mexico state plant regulatory official for
				inclusion of counties under this option. Decision by the department to approve
				shipment of regulated articles under this option will be based on the results
				from adult surveys conducted by the department of agriculture of the
				originating state. Surveys to detect Japanese beetle adults shall be conducted
				at each growing location and throughout the county. The following additional
				declaration shall appear on the state phytosanitary certificate, "The plants
				were produced and shipped from an area not found to be infested with Japanese
				beetle in accordance with the New Mexico's Japanese Beetle Exterior
				Quarantine." Requests for approval of regulated articles under this option
				shall include:
(a) name of the county and
				nurseries requesting approval;
(b)
				survey information and results that include trap locations for nursery and
				county of origin (i.e. maps, GPS coordinates), dates of deployment and trap
				maintenance, survey methodology, and results;
(c) historic information regarding Japanese
				beetle surveys and related information relevant to determining the status of
				Japanese beetle infestation levels at the nursery and county levels;
				and
(d) number of miles from each
				nursery to nearest Japanese beetle positive trap catch or known population
				which would include relevant counties in adjacent states.
(5) Other treatments or methods of mitigation
				not described therein may be submitted in writing by an authorized state
				agricultural official of the origin state to the department for review prior to
				shipment into New Mexico.