Section R3-4-229. Nut Tree Pests

A.      In addition to the definitions provided in A.R.S. § 3-201 and R3-4-102, the following terms apply to this Section:

1.        “Brooming” means a virus-like disease that drastically reduces nut production and sometimes causes death of the host tree.

2.        “Pest” means any of the following:

a.         Pecan  leaf  casebearer,  Acrobasis   juglandis  (Le- Baron);

b.        Pecan nut casebearer, Acrobasis nuxvorella (Neun- zig);

c.         Pecan phylloxera, Phylloxera devastatrix;

d.        The pathogen that causes brooming disease of wal- nut.

B.       Area under quarantine: All states, districts, and territories of the United States except California.

C.      Infested area.

1.        For Arcobasis spp.: All states and districts east of and including the states of Montana, Wyoming, Colorado, Oklahoma, and Texas; in New Mexico, the counties of Chaves, Lea, Roosevelt, Eddy, Dona Ana, Otero, and Quay.

2.        For pecan phylloxera: Alabama, Arkansas, Louisiana, Mississippi, Oklahoma, and Texas.

3.        For brooming disease of walnut: All states and districts east of and including Montana, Wyoming, Colorado, and New Mexico.

D.      Commodities covered:

1.        All species and varieties of the following trees and all plant parts capable of propagation, except the nuts. Plant parts include buds, scions, and rootstocks:

a.         Hickory and pecan (Carya spp.);

b.        Walnut and butternut (Juglans spp.);

2.        Pecan firewood;

3.        Any used appliance, used box, or sack used during the growing, harvesting, handling, transporting, or storing nuts and hulls.

E.       Restrictions:

1.        The commodities listed in subsection (D)(1) shall be admitted into Arizona:

a.         From the infested area prescribed in subsections (C)(1) and (C)(2) if treated at origin and each lot or shipment is accompanied by a certificate issued by the origin state department of agriculture affirming

the commodity has been treated in accordance with subsection (F);

b.        From an area under quarantine outside the infested area, if each lot or shipment is accompanied by a certificate issued by the origin state department of agriculture affirming that the commodities origi- nated in a county not known to be infested with the pests listed in subsections (A)(2)(a), (b), and (c).

2.        The commodities listed in subsection (D)(1)(b) shall be:

a.         Prohibited from entering Arizona from the infested area prescribed in subsection (C)(3);

b.        Admitted into Arizona from an area under quaran- tine outside the infested area prescribed in subsec- tion (C)(3), if each lot or shipment is accompanied by a certificate issued by the origin state department of agriculture affirming brooming is unknown in the origin county.

3.        The commodities listed in subsections (D)(2) and (D)(3) are prohibited from entering the state unless fumigated as prescribed in subsection (F)(1).

F.       Treatments:

1.        Methyl bromide fumigation at normal atmospheric pres- sure, with circulations maintained for 30 minutes, as fol- lows:

a.         2 lbs. per 1,000 cu.ft. for four hours at 70° F or more,

b.        3 lbs. per 1,000 cu.ft. for four hours at 60-69° F.

2.        A hot-water dip at 140° F or more for a minimum of 30 continuous seconds.

3.        Appliances.

a.         Steam-cleaned, inspected, and certified free from debris by the origin state, or

b.        Cold treatment in a cold storage chamber at or below 0° F for at least seven consecutive days (168 hours).

4.        Any other treatment approved by the Associate Director.

Historical Note

Former Rule, Quarantine Regulation 13. Amended sub- sections (C), (E) and (G) effective May 5, 1986 (Supp. 86-3). Section R3-1-61 renumbered to R3-4-229 (Supp. 91-4). Amended effective January 16, 1996 (Supp. 96-1). Amended by final rulemaking at 6 A.A.R. 41, effective December 8, 1999 (Supp. 99-4). Subsection citation in subsection (E)(1)(b) amended to correct manifest typo- graphical error (Supp. 03-2).