TITLE 21 AGRICULTURE
AND RANCHING
CHAPTER 17 PEST, DISEASE, AND WEED CONTROL
PART 42 COTTON
BOLL WEEVIL QUARANTINE
21.17.42.1 ISSUING AGENCY: New Mexico
State University, New Mexico Department of Agriculture.
[21.17.42.1 NMAC - N, 3/1/2004]
21.17.42.2 SCOPE: This rule
establishes the restrictions to all persons transporting regulated articles
into, through, or intrastate from quarantined areas of New Mexico and
interstate into New Mexico from quarantined areas.
[21.17.42.2 NMAC - N,
3/1/2004]
21.17.42.3 STATUTORY AUTHORITY:
Granted to the board of regents of New Mexico state university under the
Pest Control Act, Chapter 76, Article 6, Sections 1 through 9, NMSA 1978
Compilation.
[21.17.42.3 NMAC - N,
3/1/2004]
21.17.42.4 DURATION: Permanent.
[21.17.42.4 NMAC - N,
3/1/2004]
21.17.42.5 EFFECTIVE DATE: March 1,
2004, unless a later date is cited in the history note at the end of a section.
[21.17.42.5 NMAC - N,
3/1/2004]
21.17.42.6 OBJECTIVE: The objective of
Part 42 of Chapter 17 is to
establish a permanent cotton boll weevil quarantine to protect those cotton
producing areas of New Mexico that have achieved eradication of the cotton boll
weevil.
[21.17.42.6 NMAC - N,
3/1/2004]
21.17.42.7 DEFINITIONS:
A. “Board” means the board of regents of New Mexico state
university or any officer or employee to whom authority to act in their stead
has been or hereafter may be delegated.
B. “Certificate”
is a document issued or authorized by the board indicating that a regulated
article is not contaminated with a pest, a phytosanitary certificate issued by
an authorized representative of the department allowing the movement of plants
or plant products, or a document issued by an authorized representative of the
department allowing the movement of equipment or vehicles.
C. “Compliance
agreement” is a written agreement between the department and any person
engaged in growing, distributing, handling, or moving regulated articles where
the latter agrees to comply with conditions specified in the agreement to
prevent the dissemination of the cotton boll weevil.
D. “Control district” is a cotton boll
weevil control district - any area duly established under the Cotton Boll
Weevil Control Act wherein a program to suppress or eradicate the cotton boll
weevil is administered.
E. “Cotton” means all parts of cotton and
wild cotton plants of the genera Gossypium and Thurberia grown
for commercial or non-commercial use.
F. “Cotton lint” means all forms of raw
ginned cotton except linters and gin waste.
G. “Cotton products” means seed cotton,
cotton lint, linters, oil mill waste, gin waste, gin trash, cotton seed,
cottonseed hulls and all other forms of unmanufactured cotton fiber.
H. “Cotton seed” means the seed of the
cotton plant, separated from lint.
I. “Department” means the New Mexico
department of agriculture.
J. “Director” is the director of the New
Mexico department of agriculture.
K. “Eradicated area” is an area apparently
free of cotton boll weevil for which scientific documentation acceptable to the
department has been provided that indicates that no cotton boll weevils were
captured for a period of at least one cotton growing season by cotton boll
weevil pheromone traps operated by an authorized control district, the
department, an approved governmental agency, or other entity approved by the
department.
L. “Functionally eradicated area” is an
area meeting the trapping criteria for a suppressed area with no confirmed
evidence of cotton boll weevil reproduction occurring in the area and no
oviposition on the squares, and in which the movement of regulated articles
presents a threat to the success of the cotton boll weevil eradication
program. The cotton boll weevil
population must be less than or equal to average of 0.001 cotton boll weevils
per trap per week for the cotton growing season as measured by cotton boll
weevil pheromone traps operated by an authorized control district, the
department, an approved governmental agency, or other entity approved by the
department.
M. “Gin motes” are short fragments of
unmanufactured cotton fiber removed from lint cleaners after ginning cotton.
N. “Gin trash” is all material produced
during the cleaning and ginning of seed cotton, bollies, or snapped cotton,
includes burrs, does not include lint, linters, cotton seed, or gin waste.
O. “Gin waste” is all forms of
un-manufactured waste cotton fiber, including gin motes, resulting from the
ginning of seed cotton.
P. “Infested” means actually infested with a cotton
boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists.
Q. “Limited permit” is a document issued or authorized by a federal or
state regulatory official to provide for the movement of regulated articles to
a restricted destination for limited handling, utilization, processing or
treatment.
R. “Linters” are residual un-manufactured
cotton fibers separated from cotton seed after the lint has been removed.
S. “Oil mill waste” is waste products,
including linters, derived from the milling of cotton seed.
T. “Restricted
area” is an area designated as suppressed, functionally eradicated, or
eradicated of cotton boll weevils as those terms are defined in this section.
U. “Seed cotton” includes all forms of
un-ginned cotton from which the seed has not been separated.
V. “Suppressed area” is an area in which
some cotton boll weevil reproduction may be present in the area or a portion
thereof, and in which the movement of regulated articles presents a threat to
the success of the cotton boll weevil eradication program. The cotton boll weevil population must be
less than or equal to 0.025 cotton boll weevils per trap per week for the
cotton-growing season as measured by cotton boll weevil pheromone traps operated
by an authorized control district, the department, an approved governmental
agency, or other entity approved by the department.
W. “Trap” is a type of adult
cotton boll weevil pheromone trap approved by New Mexico cotton boll weevil
technical advisory committee or the department.
X. “Treatment” is the act of eliminating
possible cotton boll weevil infestation(s) or contamination by cleaning or by
fumigation, in instances in which normal cleaning will not eliminate the
infestation or contamination.
[21.17.42.7 NMAC
- N, 3/1/2004]
21.17.42.8 PEST:
Cotton boll weevil, Anthonomus
grandis Boheman, in any living stage of development.
[21.17.42.8 NMAC
- N, 3/1/2004]
21.17.42.9 AREAS UNDER QUARANTINE:
A. New Mexico: Those areas of New Mexico
not declared suppressed, functionally eradicated, or eradicated for cotton boll
weevil.
B. All other states: All states or any portion
of such states not declared suppressed, functionally eradicated, or eradicated
for cotton boll weevil by a duly authorized agency.
[21.17.42.9 NMAC
- N, 3/1/2004]
21.17.42.10 PROTECTED AREAS:
A. Suppressed areas: The director may grant a request for
declaration of an area as “suppressed” after a written recommendation is
submitted to the department from an authorized control district or approved
governmental agency, supported by scientific documentation acceptable to the
department, indicating that movement of regulated articles into the area
presents a threat to the success of cotton boll weevil eradication.
B. Functionally eradicated areas: The director may grant a request for
declaration of an area as “functionally eradicated” after a written
recommendation is submitted to the department from an authorized control
district or approved governmental agency, supported by scientific documentation
acceptable to the department, indicating that movement of regulated articles
into the area presents a threat to the success of cotton boll weevil
eradication.
C. Eradicated areas: The director may grant a request for
declaration of an area as “eradicated” after a written recommendation is
submitted to the department from an authorized control district or approved
governmental agency, supported by scientific documentation acceptable to the
department, indicating that movement of regulated articles into the area
presents a threat to the success of cotton boll weevil eradication.
[21.17.42.10 NMAC
- N, 3/1/2004]
21.17.42.11 REGULATED ARTICLES:
A. Cotton boll weevil, in any living stage of development.
B. Cotton and cotton products.
C. Cotton
harvesting equipment and other equipment associated with the production and
transport of cotton, including, but not limited to, the following:
(1) Harvest equipment:
(a) cotton pickers;
(b) cotton strippers; or
(c) other mechanical harvesting equipment.
(2) Handling and transport equipment:
(a) module builders;
(b) module hauling equipment; and
(c) boll buggies and any other equipment or
vehicles associated with cotton harvest.
(3) Miscellaneous associated equipment:
(a) trucks such as service trucks, parts
trucks, harvesting equipment trucks;
(b) flatbed trailers, portable living
quarters, fuel and all other support vehicles; and
(c) tractors, shredders, plows, discs, and
other equipment associated with cotton production activities which have
regulated articles present; and
(d) vehicles used to remove and/or transport
cotton products.
D. Gin
equipment previously used for the ginning of cotton.
E. All
other products, articles, or means of conveyance not covered above when an
inspector determines that they present a risk of a cotton boll weevil outbreak
and the person in possession has been notified.
[21.17.42.11 NMAC
- N, 3/1/2004]
21.17.42.12 RESTRICTIONS:
A. General: Movement of regulated articles is prohibited in the following
cases:
(1) from or through a quarantined area to an
eradicated area, a functionally eradicated area, or a suppressed area;
(2) from or
through a suppressed area to an eradicated area or a functionally eradicated
area;
(3) from or through a functionally eradicated
area to an eradicated area; or
(4) when the department determines the
movement may cause an increase in infestation of cotton boll weevil.
B. Exemptions: The following are exempt from the
requirements of Subsection A:
(1) cotton seed and vehicles transporting the
seed;
(2) baled
cotton, baled gin motes and linters and vehicles transporting baled cotton and
baled gin motes and linter; and
(3) manufactured cotton products.
C. Exceptions: The following are exceptions to the
restrictions in Subsection A of this section:
(1) Cotton harvesting equipment and other
equipment associated with the production and transport of cotton as well as
used gin equipment, otherwise prohibited from movement by this regulation, may
be moved to or through a restricted area provided the equipment is free of
cotton products and cotton boll weevils in any stage of development or treated
in one of the following manners:
(a)
physical removal of hostable material including, but not limited to;
removal by hand, high-pressure air cleaning; or high pressure washing; or
(b) fumigation of regulated articles as
prescribed by the department.
(2) Cotton products and other regulated
articles, otherwise prohibited from movement by these rules, may be transported
to or through a restricted area provided that the producer, transporter,
ginner, or other responsible party entered into a compliance agreement with the
department and operates under its conditions.
(3) A USDA certificate of inspection (PPQ Form 540, used to certify
equipment free of pink bollworm) showing that cotton harvesting equipment or
other equipment associated with the production and transport of cotton, as well
as used gin equipment, has been cleaned or fumigated is acceptable to the
department as an exception to the restrictions set forth in Subsection A of
this section.
[21.17.42.12 NMAC
- N, 3/1/2004]
21.17.42.13 INSPECTIONS AND CERTIFICATES:
A. Inspections:
(1) Within New Mexico: An inspection for movement of regulated
articles is not required, but may be obtained upon request to the department
and payment of fee.
(2) Outside New Mexico from a quarantine
area: An inspection certificate issued
by the state of origin, a USDA certificate of inspection (PPQ Form 540) or a limited permit shall be filed
with the department prior to the movement of regulated articles into the state.
B. Certificates:
An inspection certificate may be issued certifying the movement of regulated
articles in compliance with these rules, for the current growing season, if an
authorized representative of the department determines:
(1) adequate measures have been taken to
ensure that there will be little or no danger of increased infestation of the
quarantined pest or expansion of a regulated area by such movement; or
(2) the articles have been treated to
eliminate infestation of the quarantined pest, for a specific location; or
(3) such movement will not result in the
spread or increased infestation of the quarantined pest. Any certificate may be withdrawn or canceled if an authorized representative
of the department determines that the use of the issued certificate may result
in the spread of the quarantined pest.
[21.17.42.13 NMAC
- N, 3/1/2004]
21.17.42.14 DISPOSITION OF VIOLATIONS: Any regulated article arriving in New Mexico
in violation of this rule shall be subject to immediate quarantine, and treated
or otherwise disposed of as necessary to prevent spread or establishment of the
pest in the state. Such treatment or
disposal shall be at the expense of the owners or agents and under the
direction of the New Mexico department of agriculture after proper notification
to the owner or agent. Failure to comply with the requirements as stated above
shall be a violation of this rule and subject to penalties as provided under
Chapter 76, Article 6, Section 9, NMSA 1978.
In addition, the department may revoke or suspend any compliance
agreements or certificates issued.
[21.17.42.14 NMAC
- N, 3/1/2004]
21.17.42.15 LIABILITY DISCLAIMER: The board disclaims liability for any costs
incident to inspection or compliance with the provisions of this rule.
A. All regulated articles are further subject to the
provisions of any other law, regulation, or regulatory order of the state of
New Mexico or the United States department of agriculture now in effect or
which may hereafter be promulgated.
B. Regulated articles covered by this rule may be imported
by an authorized governmental or private organization under special permit from
the New Mexico department of agriculture.
[21.17.42.15 NMAC
- N, 3/1/2004]
HISTORY OF 21.17.42 NMAC: [RESERVED]