Section R3-4-233. Lettuce Mosaic Virus

A.      Definitions. In addition to the definitions provided in R3-4- 101, the following terms apply to this Section:

1.        “Breeder seed” means unindexed lettuce seed that a let- tuce breeder or researcher controls, and that is not avail- able for commercial sale or propagation.

2.        “Breeder trial” means breeder seed grown to develop a new variety of lettuce.

3.        “Mosaic-indexed” means that a laboratory tested at least 30,000 lettuce seeds from a seed lot and found that all

sampled seeds were determined to be free from lettuce mosaic virus.

4.        “Pest” means lettuce mosaic virus.

5.        “Unindexed lettuce seed” means lettuce seed that is not mosaic-indexed.

B.       Area Under Quarantine: All states, districts, and territories of the United States.

C.      Regulated  Commodities:  Plants  and  plant  parts,  including seeds, of all varieties of lettuce, Lactuca sativa.

D.      Restrictions.

1.        A person shall not import into, transport within, plant, or sell in Arizona unindexed lettuce seed unless the unin- dexed lettuce seed is exempted under subsection (E) or the person obtains a permit as prescribed in subsection (G).

2.        Each container or subcontainer of mosaic-indexed seed shall bear a label with the statement “Zero infected seeds per 30,000 tested (0 in 30,000)” as well as the name of the certified or accredited laboratory that tested the seed under subsection (D)(5).

3.        A person shall not import into, transport within, plant, or sell in Arizona lettuce transplants unless the transplants are exempted under subsection (E), or unless an original certificate, issued by the origin state, accompanies the shipment. The certificate shall declare:

a.         The name of the exporter,

b.        The variety name and lot number of the seed from which the transplants were grown, and

c.         Verification that the seeds from which the trans- plants were grown were mosaic-indexed.

4.        A grower shall disk or otherwise destroy all lettuce fields within 10 days after the last day of commercial harvest or abandonment, unless prevented by documented weather conditions or circumstances beyond the control of the grower.

5.        Laboratories that index lettuce seed that is shipped to Ari- zona shall be certified by the agricultural department of the laboratory’s state of origin or by the Arizona Depart- ment of Agriculture, in accordance with A.R.S. § 3-145, or shall be accredited by the National Seed Health Sys- tem. Laboratories shall provide a copy of their certificate or accreditation letter to the Arizona Department of Agri- culture by January 1 of the year that shipping will take place.

E.       Exemptions. The requirements of subsection (D) do not apply to:

1.        Lettuce seed sold in retail packages of 1 oz. or less to the homeowner for noncommercial planting,

2.        Shipments of lettuce transplants consisting of five flats or less per receiver for noncommercial planting,

3.        Breeder trials for a plot of 1/20 of an acre or less, or

4.        Breeder trials for a plot of greater than 1/20 of an acre but no more than 1.25 acres provided the breeder or researcher:

a.         Places a flag, marked with a trial identification num- ber, at each corner of a breeder trial plot;

b.        Provides the following written information to the Department within 10 business days of planting breeder seed:

i.         GPS  coordinates  for  each  breeder  trial  plot using NAD 83 decimal degrees;

ii.        A detailed map showing the location of each breeder trial plot;

iii.      An identification number for each breeder trial plot; and

iv.       The name, address, telephone number, and e- mail address for the breeder or researcher;

c.         Monitors the lettuce for pest symptoms, and notifies the Department, by telephone, by the end of the first business day following the detection of pest symp- toms;

d.        Removes and destroys all plants exhibiting pest symptoms from the breeder trial plot and places them in a sealed container for disposal in a landfill;

e.         Labels bills of lading or invoices accompanying breeder seed into Arizona with the statement “LET- TUCE SEED FOR BREEDER TRIALS ONLY”; and

f.         Destroys lettuce plants remaining in a breeder trial plot within 10 days after the completion of breeding trials unless prevented by documented weather con- ditions or circumstances beyond the control of the researcher or breeder.

F.       A breeder or researcher may conduct multiple breeder trials in Arizona under the provisions of subsection (E)(3) and (4).

G.      Permits.

1.        A person may apply for a permit to import unindexed let- tuce seed for temporary storage in Arizona if the person:

a.         Maintains the identity of the seed while in Arizona;

b.        Does not sell or distribute the seed for use in the state;

c.         Does not transfer the seed to any other facility in the state; and

d.        Reships the seed from the state within seven days or the period of time specified on the permit, which- ever is longer.

2.        A person may apply for a permit to transport unindexed lettuce seed into Arizona to be mosaic-indexed.

H.      Disposition of Violation.

1.        Any infected shipment of lettuce seed or transplants arriving in or found within the state, in violation of this Section, shall be immediately destroyed. The owner or the owner’s agent shall bear the cost of the destruction.

2.        Any shipment of unindexed lettuce seed or transplants arriving in or found within the state in violation of this Section shall be immediately sent out-of-state or destroyed at the option of the owner or the owner’s agent. The owner or the owner’s agent shall bear the cost of the destruction or of sending the lettuce seed or transplants out-of-state.

3.        Any Arizona lettuce fields in violation of this Section shall be abated as established in A.R.S. §§ 3-204 and 3-

205. The owner or person in charge may be assessed a civil penalty established in A.R.S. § 3-215.01.

4.        Violation of any provision of a permit issued under sub- section (G) may result in suspension or revocation of the permit.

Historical Note

Former Rule, Quarantine Regulation 17. Amended effec- tive July 1, 1975 (Supp. 75-1). Section R3-1-65 renum- bered to R3-4-233 (Supp. 91-4). Section repealed; new Section adopted effective December 2, 1998 (Supp. 98-

4). Amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 14 A.A.R. 4091, effec- tive December 6, 2008 (Supp. 08-4).