Section R3-4-228. European Corn Borer

A.      Definitions. The following terms apply in this Section: “Corn” means Zea spp.

“Fragment” means a portion of a regulated commodity that cannot pass through a 1/2” aperture or a completely whole, round, and uncrushed piece of cob, stalk, or stem of at least 1” in length and 3/16” in diameter.

“Pest”  means  all  life  stages  of  the  European  corn  borer,

Ostrinia nubilalis.

“Shelled grain” means the seed or kernel of corn or sorghum that has been separated from every other plant part.

“Sorghum” means Sorghum spp.

B.       Area under quarantine.

1.        The entire states of Alabama, Arkansas, Colorado, Con- necticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kan- sas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsyl- vania, Rhode Island, South Carolina, South Dakota, Ten- nessee, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

2.        The District of Columbia.

3.        In the state of Florida, the following counties: Calhoun, Escambia, Gadsden, Hamilton, Holmes, Jackson, Jeffer- son, Madison, Okaloosa, and Santa Rosa.

4.        In the state of Louisiana, the following parishes: Bossier, Caddo, Concordia, East Carroll, Franklin, Madison, Morehouse, Natchitoches, Ouachita, Red River, Rich- land, Tensas, and West Carroll.

5.        In the state of New Mexico, the following counties: Chaves, Curry, Quay, Roosevelt, San Juan, Santa Fe, Tor- rance, Union, and Valencia.

6.        In the state of Texas, the following counties: Bailey, Car- son, Castro, Dallam, Deaf Smith, Floyd, Gray, Hale, Hansford, Hartley, Hutchinson, Lamb, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, and Swisher.

C.      Regulated commodities. The plants corn and sorghum and every plant part, including seed, shelled grain, stalks, ears, cobs, fragments, and debris are regulated commodities under this Section.

D.      Restrictions. A person shall not ship into Arizona a regulated commodity from an area under quarantine unless each ship- ment is accompanied by an original certificate, issued by a plant regulatory official of the state of origin, attesting that the regulated commodity was treated by a method listed in subsec- tion (F), under the official’s supervision.

E.       Exemptions.

1.        Treatment prescribed in subsection (F) is waived for all of the following:

a.         Shelled grain, if the grain is accompanied by an original certificate issued by a plant regulatory offi- cial of the state of origin attesting that:

i.         The shelled grain was passed through a 1/2” or smaller-size mesh screen at the place of origin, and

ii.        The shipment is free of plant fragments capable of harboring the larval life stage of the pest;

b.        Commercially packaged shelled popcorn, planting seed, and grain for human consumption; or

c.         A regulated commodity manufactured or processed by a method that eliminates the pest.

2.        The Director shall issue a permit to allow a regulated commodity from an area under quarantine, other than one

exempt under subsection (E)(1), to enter Arizona without the treatment prescribed in subsection (F) if the regulated commodity originates from an area certified as pest free by a plant regulatory official of the state of origin.

F.       Treatment.

1.        Methyl bromide fumigation (Q label) applied at label rates.

2.        Any other treatment approved by the Director.

G.      Disposition. If a person ships a regulated commodity into Ari- zona in violation of this Section, the regulated commodity shall be destroyed, treated, or transported out-of-state as pre- scribed in A.R.S. Title 3, Chapter 2, Article 1.

Historical Note

Former Rule, Quarantine Regulation 12. Amended effec- tive July 1, 1975 (Supp. 75-1). Amended effective June

19, 1978 (Supp. 78-3). Amended subsection (C) effective

January 21, 1981 (Supp. 81-1). Amended effective

August 11, 1987 (Supp. 87-3). Section R3-1-60 renum- bered to R3-4-228 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 3374, effective October 2, 2004

(Supp. 04-3).