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 Arizona Administrative Code (Last Updated: November 17, 2016)
 Title 3. AGRICULTURE
 Chapter 4. DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION
 Article 2. QUARANTINE

  Section R3-4-239. Imported Fire Ants  

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  • A.      Definitions.

    “Pest” means any species of imported fire ants, including Sole- nopsis invicta and Solenopsis richteri.

    B.       Area under quarantine. A state or portion of a state listed in 7 CFR 301.81-3, 68 FR 5794, February 5, 2003, and any area a

     

    state declares infested. This material is incorporated by refer-

    C.

    Regulated  commodities.  The   fresh  fruit   of  the  following

    ence, on file with the Department and the Office of the Secre-

     

    plants:

    tary State,  and does not include any later amendments or

     

    Chaenomeles spp. (Quince),

    editions.

     

    Crataegus spp. (Hawthorne),

    C.

    Regulated commodities.

     

    Malus spp. (Apple),

     

    1.   Soil, except potting soil shipped in an original container

     

    Prunus spp. (Apricot, Cherry, Nectarine, Peach, Plum, and

     

    in which the potting soil is packaged after commercial

     

    Prune), and

     

    preparation; and

     

    Pyrus communis spp. (Pear).

     

    2.   All plants associated with soil, except:

    D.

    Restrictions.

     

    a.      Plants that are maintained indoors year-round, and

     

    1.     A person shall not ship into Arizona a regulated commod-

     

    are not for sale; and

     

    ity that is produced in or shipped from an area under

     

    b.     Plants shipped bare-root and free of soil.

     

    quarantine unless each lot or shipment is accompanied by

    D.

    Restrictions.

     

    a certificate issued by an official of the state of origin,

     

    1.     A shipper of a regulated commodity shall unload a regu-

     

    attesting that the regulated commodity was:

     

    lated commodity at destination into an approved quaran-

     

    a.      Held in an approved controlled atmosphere storage

     

    tine holding area as prescribed in subsection (D)(2). The

     

    facility for a minimum of 90 continuous days at a

     

    Department shall inspect and quarantine the regulated

     

    maximum temperature of 38° F, or

     

    commodity as follows:

     

    b.     Held in an approved cold storage facility for a mini-

     

    a.      Soil and plants associated with soil from an area

     

    mum of 40 continuous days at a maximum tempera-

     

    under quarantine in subsection (B) shall be held at

     

    ture of 32° F.

     

    least three consecutive days, and

     

    2.     The Director may issue a permit to allow a regulated

     

    b.     Soil and plants associated with soil from an area

     

    commodity from an area under quarantine to enter Ari-

     

    under quarantine for nematodes under R3-4-234(B)

     

    zona without treatment as prescribed in subsection (D)(1)

     

    shall be held at least five consecutive days.

     

    if the commodity originates from an area:

     

    2.     An  Arizona   receiver  of  a   regulated  commodity   shall

     

    a.      That is certified to be pest-free, or

     

    establish a Department-approved quarantine holding area

     

    b.     That is infested, but where an on-going pest eradica-

     

    that meets the following specifications:

     

    tion program exists that is acceptable to the Director

     

    a.      The floor is of a permeable surface, such as sand or

     

    of the Arizona Department of Agriculture.

     

    soil, and free from debris, grass, or weeds;

    E.

    Disposition of commodity not in compliance. A regulated

     

    b.     The area is isolated from public access, surrounded

     

    commodity shipped into Arizona in violation of this Section

     

    by a fence or other barrier;

     

    shall be destroyed or transported out-of-state by the owner and

    c.         The integrity and security of the area is maintained at all times; and

    d.        If outdoors, the area is at least 15 feet from any masonry wall, property boundary, or non-quarantine plant.

    3. A receiver shall apply a pesticide or other chemical to a regulated commodity located in a quarantine holding area only when directed and supervised by a Department inspector.

    E. Disposition of commodity not in  compliance. A regulated commodity shipped into Arizona in violation of this Section shall be destroyed or transported out-of-state by the owner and at the owner’s expense.

Historical Note

Former Rule, Quarantine Regulation 20. Amended effec- tive July 1, 1975 (Supp. 75-1). Amended effective April

26, 1976 (Supp. 76-2). Correction amendment effective April 26, 1976 included deletion of Arkansas (see subsec- tion (C)) (Supp. 77-1). Amended effective June 16, 1977

(Supp. 77-3). Repealed effective June 19, 1978 (Supp.

78-3). New Section adopted effective December 22, 1989 (Supp. 89-4). Section R3-1-68 renumbered to R3-4-239 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by

final rulemaking at 9 A.A.R. 2095, effective August 2,

2003 (Supp. 03-2).