N.M. Admin. Code § 21.17.27.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 21.17.27.9 - RESTRICTIONS

A. All regulated articles are prohibited entry into New Mexico from areas under quarantine unless they have the required certificate. A phytosanitary certificate or compliance agreement issued by an authorized state agricultural official of the origin state must accompany regulated articles moved from the quarantined area into New Mexico. Compliance agreements must be preapproved by the New Mexico state plant regulatory official prior to shipment. The certificate must state that the regulated article is certified free of Japanese beetle based on one of the following options.

(1) Regulated article originated in certified Japanese beetle-free premises in a quarantined area and has not been exposed to an infestation while within the quarantined area. Premises approved by the state plant regulatory official include Japanese beetle-free greenhouse or screenhouse that has been inspected annually and approved by an authorized state agricultural official of the origin state as being Japanese beetle free in accordance to criteria specified in the U.S. Japanese beetle harmonization plan, Appendix 1, "Production in an approved Japanese-free greenhouse/screenhouse." The following additional declaration shall appear on the state phytosanitary certificate, "The rooted plants (or crowns) were produced in an approved Japanese beetle-free greenhouse or screenhouse."

(2) Regulated article production cycle completed and shipped during an adult Japanese beetle-free period. The adult Japanese beetle-free period will be based on recent trapping information conducted by an authorized state agricultural official of the origin state for that location. Only plants grown in sterilized and soilless medium will be considered for entry into New Mexico under this certification. The following additional declaration shall appear on the state phytosanitary certificate, "The plants were produced and shipped outside the adult Japanese beetle flight period."

(3) Regulated article treated to destroy Japanese beetle infestations in accordance with the U.S. Japanese beetle harmonization plan, Appendix 1, "application of approved regulatory treatment." The following additional declaration shall appear on the state phytosanitary certificate, "The rooted plants were treated to control Popillia japonica, in accordance to the criteria for shipment to Category 1 states as provided in the U.S. domestic Japanese beetle harmonization plan, or treated using a method approved by the New Mexico state plant regulatory official."

(4) Regulated article subject to origin detection survey. Regulated articles originating from specific counties not infested with Japanese beetle and within infested states may be accepted if the county of origin is shown not to be infested with Japanese beetle based on current and historic adult surveys. An authorized state agricultural official of the origin state must reapply annually in writing to the New Mexico state plant regulatory official for inclusion of counties under this option. Decision by the department to approve shipment of regulated articles under this option will be based on the results from adult surveys conducted by the department of agriculture of the originating state. Surveys to detect Japanese beetle adults shall be conducted at each growing location and throughout the county. The following additional declaration shall appear on the state phytosanitary certificate, "The plants were produced and shipped from an area not found to be infested with Japanese beetle in accordance with the New Mexico's Japanese Beetle Exterior Quarantine." Requests for approval of regulated articles under this option shall include:

(a) name of the county and nurseries requesting approval;

(b) survey information and results that include trap locations for nursery and county of origin (i.e. maps, GPS coordinates), dates of deployment and trap maintenance, survey methodology, and results;

(c) historic information regarding Japanese beetle surveys and related information relevant to determining the status of Japanese beetle infestation levels at the nursery and county levels; and

(d) number of miles from each nursery to nearest Japanese beetle positive trap catch or known population which would include relevant counties in adjacent states.

(5) Other treatments or methods of mitigation not described therein may be submitted in writing by an authorized state agricultural official of the origin state to the department for review prior to shipment into New Mexico.

B. State phytosanitary certificates and compliance agreements shall be securely attached to the outside of the container in which the articles are moved, except where the certificate is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate.

C. The director may make exceptions, modifications, or additions to restrictions as needed or at the request of individual departments of agriculture for the purpose of addressing specific issues.

N.M. Admin. Code § 21.17.27.9

21.17.27.9 NMAC - N, 06/30/11