[Rev. 11/22/2013 9:42:06 AM--2013]

[NAC-554 Revised Date: 7-13]

CHAPTER 554 - QUARANTINES OF AGRICULTURAL COMMODITIES

GENERAL PROVISIONS

554.005            Definitions.

554.055            Federal domestic quarantine notices: Adoption by reference; review of amendments.

EXTERIOR QUARANTINE AGAINST JAPANESE BEETLE

554.162            Definitions.

554.163            “Bulk density” defined.

554.164            “Dip treatment” defined.

554.165            “Drench treatment” defined.

554.166            “Media incorporation treatment” defined.

554.167            “Methyl bromide fumigation treatment” defined.

554.170            Establishment of quarantine.

554.180            Areas under quarantine.

554.185            Maintenance of list of counties not infested in areas under quarantine.

554.190            Hosts and possible carriers.

554.200            Certification of commodities entering Nevada.

554.210            Permits for commodities entering Nevada.

554.211            Approval for entry into State of host or possible carrier.

554.212            Dip treatment.

554.213            Drench treatment.

554.214            Media incorporation treatment.

554.215            Methyl bromide fumigation treatment.

554.216            Requirements for pesticide used in approved method of treatment.

554.220            Applicability of quarantine.

EXTERIOR QUARANTINE AGAINST EUROPEAN CORN BORER

General Provisions

554.230            Definitions.

554.240            Establishment of quarantine.

554.250            Areas under quarantine.

554.260            Infested areas.

554.270            Restricted commodities.

554.280            Official certificate.

554.290            Contents of certificate for shelled grain grown in or shipped from infested area.

554.300            Contents of certificate for shelled grain grown in or shipped from area under quarantine but not infested.

554.310            Shelled grain transported through Nevada without certificate subject to disposal.

554.320            Contents of official certificates.

554.330            Certification of disinfection or treatment.

554.340            Certification required for certain vegetables and plants produced in or shipped from infested areas.

554.350            Certain grain products exempt from certification requirements.

554.360            Certain restricted products exempt from certification requirements.

554.370            Certain manufactured or processed products exempt from restrictions of quarantine.

554.380            Violations.

Inspection, Fumigation or Treatment of Host Plants

554.390            Methods of disinfecting ear corn.

554.400            Methods of disinfecting broomcorn.

554.410            Method of disinfecting certain vegetables and plants.

554.420            Method of disinfecting bulk ear corn and baled broomcorn in freight cars.

554.430            Method of disinfecting bulk shelled grain in railway cars and certain vans.

554.440            Standards for freight cars and vans used for fumigation.

554.450            Air circulation systems in railway cars or vans.

554.460            Duct systems in railway cars or vans.

554.470            Procedure for installing duct systems in railway cars or vans.

EXTERIOR QUARANTINE AGAINST MINT DISEASE

554.480            Establishment of quarantine.

554.490            Areas under quarantine.

554.500            Commodities covered by quarantine.

554.510            Permits of entry.

554.520            Contents of permit of entry.

EXTERIOR QUARANTINE AGAINST MINT STEM BORER

554.525            Establishment of quarantine.

554.526            Infested areas.

554.527            Restricted areas.

554.528            Commodities covered by quarantine.

554.529            Entry of commodities covered by quarantine into Nevada: Prohibited from infested areas; certificate required from restricted areas.

EXTERIOR QUARANTINE AGAINST ORGANISM THAT CAUSES LETHAL YELLOWING OF PALM

554.535            Establishment of quarantine.

554.545            Areas under quarantine.

554.555            Commodities subject to quarantine.

554.565            Entry into State of certain commodities prohibited.

554.575            Disposition of commodities entering State in violation of quarantine; liability for costs.

EXTERIOR QUARANTINE AGAINST COLORADO POTATO BEETLE

554.700            Establishment of quarantine.

554.710            Infested areas.

554.720            Restricted commodities.

554.730            Certification.

EXTERIOR QUARANTINE AGAINST POTATO LATE BLIGHT

554.755            Establishment of quarantine.

554.759            Infested areas.

554.765            Commodities covered by quarantine.

554.769            Certification of commodities covered by quarantine entering Nevada.

554.775            Disposition of commodities entering State in violation of quarantine; liability for cost.

INTERIOR QUARANTINE AGAINST AFRICANIZED HONEYBEES

554.805            Establishment of quarantine; areas under quarantine.

554.811            Restricted commodities.

554.815            Certification by Department required for movement, sale or distribution of restricted commodity from area under quarantine.

554.821            Violations.

554.825            Disposition of restricted commodity that is moved to destination outside of area of quarantine.

QUARANTINES AGAINST STEM AND BULB NEMATODE AND WHITE ROT FUNGUS

554.910            Establishment of quarantine.

554.920            Certification of commodities entering Nevada.

554.930            Inspection by State Quarantine Officer or designee; fee; replanting of garlic bulbs; imported machinery and bins.

554.940            Reports by growers to Department.

554.950            Treatment of fields infested with white rot fungus; decontamination of machinery and equipment.

VIOLATIONS OF QUARANTINES

554.970            Definitions.

554.972            “Notice of violation” defined.

554.974            “Notice of warning” defined.

554.976            “Nursery stock” defined.

554.978            Issuance of notice of warning.

554.980            Administrative fine for failure to comply with actions in notice of violation.

554.982            Administrative fine for unlawful importation of nursery stock.

 

 

 

GENERAL PROVISIONS

      NAC 554.005  Definitions.  As used in this chapter, unless the context otherwise requires:

     1.  “Department” means the State Department of Agriculture.

     2.  “Director” means the Director of the Department.

     (Supplied in codification)

      NAC 554.055  Federal domestic quarantine notices: Adoption by reference; review of amendments. (NRS 554.020, 554.030)

     1.  The State Quarantine Officer hereby adopts by reference the provisions of each domestic quarantine notice set forth in Part 301 of Title 7 of the Code of Federal Regulations, as those provisions existed on January 1, 2001, and any subsequent amendment to those provisions that is approved by the State Quarantine Officer pursuant to subsection 2. A copy of those provisions and any approved amendment to those provisions may be obtained free of charge from the State Department of Agriculture, 350 Capitol Hill Avenue, Reno, Nevada 89502.

     2.  Each amendment to a domestic quarantine notice specified in subsection 1 shall be deemed approved by the State Quarantine Officer unless the amendment is disapproved within 60 days after the amendment becomes effective. The State Quarantine Officer will review each amendment to a domestic quarantine notice specified in subsection 1 that is adopted after January 1, 2001, to determine its suitability for this State. If the State Quarantine Officer determines that such an amendment:

     (a) Is suitable for this State, the State Quarantine Officer will:

          (1) File one copy of the amendment with the Secretary of State and the State Library and Archives Administrator; and

          (2) Make at least one copy of the amendment available for public inspection with the regulations of the Department; or

     (b) Is unsuitable for this State, the State Quarantine Officer will:

          (1) File with the Secretary of State and the State Library and Archives Administrator, together with a copy of the amendment, a written notice indicating that the amendment is disapproved; and

          (2) Make at least one copy of the written notice and amendment available for public inspection with the regulations of the Department.

     (Added to NAC by St. Quarantine Officer by R002-03, eff. 9-24-2003)

EXTERIOR QUARANTINE AGAINST JAPANESE BEETLE

      NAC 554.162  Definitions. (NRS 554.020, 554.030)  As used in NAC 554.162 to 554.220, inclusive, unless the context otherwise requires, the words and terms defined in NAC 554.163 to 554.167, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.163  “Bulk density” defined. (NRS 554.020, 554.030)  “Bulk density” means the dry weight in pounds of 1 cubic yard of potting medium.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.164  “Dip treatment” defined. (NRS 554.020, 554.030)  “Dip treatment” means a method of treating a plant for the Japanese beetle by submerging the entire root ball of the plant or all growing media of the container or other material for retaining the roots of the plant into a pesticide solution approved by the Director until the root ball or growing media are completely saturated.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.165  “Drench treatment” defined. (NRS 554.020, 554.030)  “Drench treatment” means a method of treating a plant for the Japanese beetle by wetting the entire surface of the potting media with a pesticide solution approved by the Director.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.166  “Media incorporation treatment” defined. (NRS 554.020, 554.030)  “Media incorporation treatment” means a method of treating a plant for the Japanese beetle by potting the plant in a potting medium into which granules of a pesticide have been mixed.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.167  “Methyl bromide fumigation treatment” defined. (NRS 554.020, 554.030)  “Methyl bromide fumigation treatment” means a method of treating a plant for the Japanese beetle by exposing the plant at normal atmospheric pressure to the smoke or fumes of methyl bromide.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.170  Establishment of quarantine. (NRS 554.020, 554.030)  A quarantine against the Japanese beetle (Popillia japonica) of the family Scarabaeidae, its hosts and possible carriers is hereby ordered.

     (Added to NAC by Dep’t of Agriculture, eff. 2-9-79)

      NAC 554.180  Areas under quarantine. (NRS 554.020, 554.030)  The area under quarantine against the Japanese beetle consists of:

     1.  The states of Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and Wisconsin;

     2.  The District of Columbia; and

     3.  The provinces of Ontario and Quebec, Canada.

     (Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A by St. Quarantine Officer, 3-17-86; 11-12-93; R125-97, 6-23-98; R080-99, 10-26-99; R032-01, 1-17-2002; R054-06, 6-28-2006)

      NAC 554.185  Maintenance of list of counties not infested in areas under quarantine. (NRS 554.020, 554.030)

     1.  The Director will maintain a list of counties in areas under quarantine against the Japanese beetle that are not infested with the Japanese beetle. A county may be placed or maintained on the list if the Director finds that:

     (a) An annual survey for the presence of the Japanese beetle is made in the county; and

     (b) The results of the survey indicate that the county is not infested with the Japanese beetle.

     2.  An agricultural official in another state may request that a county be placed on the list by submitting a written request to the Director that:

     (a) Includes the most recent annual survey; and

     (b) Indicates the manner in which the survey was conducted, including, without limitation:

          (1) The area surveyed;

          (2) The personnel who conducted the survey; and

          (3) If the county has ever been previously infested with the Japanese beetle, the date of the last infestation.

     3.  An agricultural official in another state may request that a county be maintained on the list by submitting a written request to the Director annually in the form required by subsection 2. If such a request is not received by the Director, the Director will remove the county from the list.

     4.  If a heavy infestation of Japanese beetles occurs in a county that is adjacent to a county which wishes to be placed or maintained on the list, the Director may refuse to place or maintain the noninfested county on the list.

     5.  Before placing or maintaining a county on the list, the Director will submit the written request received pursuant to subsection 2 or 3 to the Division of Plant Industry of the Department for its evaluation.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.190  Hosts and possible carriers. (NRS 554.020, 554.030)  The hosts and possible carriers of the Japanese beetle are:

     1.  Soil, humus, compost, manure and all growing media, except when packaged commercially;

     2.  Grass sod;

     3.  All plants with roots, except bareroot plants which are free from soil in amounts that could conceal the larvae or pupae of the Japanese beetle;

     4.  Bulbs, corms, tubers, and rhizomes of ornamental plants; and

     5.  Any other plant, part of a plant, article or means of conveyance determined by a state quarantine officer as presenting the hazard of spreading live Japanese beetles because of infestation or exposure to infestation.

     (Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A by St. Quarantine Officer by R080-99, 10-26-99)

      NAC 554.200  Certification of commodities entering Nevada. (NRS 554.020, 554.030)

     1.  A host or possible carrier of the Japanese beetle may enter this State from an area under quarantine against the Japanese beetle if it is accompanied by a certificate issued by an authorized agricultural official of its state of origin certifying that the host or possible carrier was:

     (a) Grown in accordance with methods and procedures approved by the Director pursuant to NAC 554.211; or

     (b) Treated for the Japanese beetle before shipment into this State in accordance with a method of treatment approved by the Director pursuant to NAC 554.212, 554.213, 554.214 or 554.215. The host or possible carrier must also be accompanied by a certificate issued by an authorized phytosanitary official of its state of origin:

          (1) Certifying that the treatment was performed:

               (I) Under the direct supervision of a state phytosanitary official; or

               (II) Under a federal compliance agreement that requires the treatment to be monitored by a state phytosanitary official; and

          (2) Including a declaration that the plants covered by the certificate have been treated to control Popillia japonica according to the criteria for shipment to category 1 states as provided in the United States Domestic Japanese Beetle Harmonization Plan.

     2.  A copy of a certificate issued by a state phytosanitary official for the purposes of paragraph (b) of subsection 1 must be provided to the Department before the shipment’s entry into the State. The copy may be provided:

     (a) By facsimile machine at (775) 688-1178; or

     (b) By electronic mail at ndoa@agri.state.nv.us.

     (Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A by St. Quarantine Officer, 11-12-93; R080-99, 10-26-99; A by Dep’t of Agriculture by R007-07, 10-31-2007)

      NAC 554.210  Permits for commodities entering Nevada. (NRS 554.020, 554.030)  The Director may issue permits allowing hosts and possible carriers to enter the State subject to the conditions and provisions which the Director prescribes.

     (Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A by St. Quarantine Officer by R080-99, 10-26-99)

      NAC 554.211  Approval for entry into State of host or possible carrier. (NRS 554.020, 554.030)  The Director will, pursuant to paragraph (a) of subsection 1 of NAC 554.200, approve for entry into this State a host or possible carrier of the Japanese beetle that was grown in:

     1.  A greenhouse if:

     (a) The greenhouse was constructed to prevent the entry of adult Japanese beetles;

     (b) The greenhouse has been inspected and found to be free from Japanese beetles in any stage of life; and

     (c) The plants and soil have been inspected, found to be free from Japanese beetles in any stage of life and protected from infestation while being stored, packed and shipped;

     2.  An area not under quarantine against the Japanese beetle and was transported into an area under quarantine if the host or possible carrier was transported in a closed conveyance or closed container and at all times thereafter was protected from becoming infested with the Japanese beetle; or

     3.  A county that, before the arrival of the shipment of the host or possible carrier into this State, was on the list of counties maintained by the Director pursuant to NAC 554.185.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.212  Dip treatment. (NRS 554.020, 554.030)

     1.  The Director will approve a dip treatment:

     (a) For nursery stock with a root ball that is not greater than 12 inches in diameter, does not contain clay and is:

          (1) Balled and covered in burlap;

          (2) Potted; or

          (3) Enclosed in a container;

     (b) If the active ingredient of the pesticide solution used in the dip treatment is chlorpyrifos at a concentration of 64 ounces of active ingredient per 100 gallons of water;

     (c) If the plant is treated with not less than 32 ounces of the active ingredient;

     (d) If the period of submersion is not less than 2 minutes; and

     (e) If, upon removal from the solution, the treated plant is drained in a manner that does not harm the environment.

     2.  Pesticide solutions with an active ingredient of chlorpyrifos that may be used in a dip treatment include, without limitation:

     (a) Dursban 4E; and

     (b) Dursban TNP.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.213  Drench treatment. (NRS 554.020, 554.030)

     1.  The Director will approve a drench treatment:

     (a) For nursery stock that is enclosed in a container or, except as otherwise provided in this section, is potted;

     (b) If the active ingredient of the pesticide solution used in the drench treatment is:

          (1) Imidacloprid at a concentration of 0.5 grams of active ingredient per 1 gallon of water and the solution is applied immediately preceding June 1 or the date of the flight season of the adult Japanese beetle established by the phytosanitary official of the state in which the plant originated; or

          (2) Bifenthrin at a concentration of 20 ounces of active ingredient per 100 gallons of water and the solution is applied in a ratio of approximately 8 ounces of pesticide solution for every 6 inches or portion thereof of the diameter of the container or pot;

     (c) If the potting medium is sterile and free from soil; and

     (d) If the container or pot is clean.

     2.  A plant treated by a drench treatment must be retreated if:

     (a) During the flight season of the adult Japanese beetle, the plant is not shipped into this State within 16 weeks after the initial treatment; or

     (b) The plant is exposed to a second flight season of the adult Japanese beetle.

     3.  A plant potted in the field may not be treated with a drench treatment.

     4.  Pesticide solutions that may be used in a drench treatment include, without limitation:

     (a) For imidacloprid, Marathon 60 WP.

     (b) For bifenthrin, 9 Talstar Nursery Flowable 7.9%.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.214  Media incorporation treatment. (NRS 554.020, 554.030)

     1.  The Director will approve a media incorporation treatment if:

     (a) Except as otherwise provided in this section, the treated plant is potted;

     (b) The active ingredient of the pesticide solution used in the media incorporation treatment is:

          (1) Imidacloprid at a ratio of 5 pounds of active ingredient per 1 cubic yard of potting medium;

          (2) Bifenthrin at a ratio of 25 parts per million of active ingredient, or one-third of 1 pound of active ingredient per 1 cubic yard of potting medium, based on a bulk density of 200; or

          (3) Tefluthrin at a ratio of 25 parts per million of active ingredient per 1 cubic yard of potting medium, based on a bulk density of 400;

     (c) The granules of the pesticide are incorporated into the potting medium before the plant is potted;

     (d) The plant is potted not less than 30 days before shipment into this State;

     (e) The plant is free of the Japanese beetle at the time of potting;

     (f) The potting medium and pot are clean; and

     (g) The plant has been exposed to only one flight season of the adult Japanese beetle after treatment. A plant exposed to a second flight season of the adult Japanese beetle must be:

          (1) Repotted in accordance with the requirements of this section; or

          (2) Treated using a drench treatment approved by the Director.

     2.  A plant potted in the field may not be treated with a media incorporation treatment.

     3.  Pesticides that may be used in a media incorporation treatment include, without limitation:

     (a) For imidacloprid, Marathon 1G;

     (b) For bifenthrin:

          (1) Talstar Nursery Granular; and

          (2) Talstar T&O Granular 2.5G; and

     (c) For tefluthrin, Fireban 1.5G.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.215  Methyl bromide fumigation treatment. (NRS 554.020, 554.030)  The Director will approve a methyl bromide fumigation treatment:

     1.  For nursery stock that is enclosed within a chamber or tarpaulin; and

     2.  If the methyl bromide used in the treatment is used in accordance with the instructions on the label and in a manner which avoids injury to the treated plant.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.216  Requirements for pesticide used in approved method of treatment. (NRS 554.020, 554.030)

     1.  To be used in a method of treatment for the Japanese beetle approved by the Director pursuant to NAC 554.200, a pesticide must be:

     (a) Registered in the state in which the treatment is applied; and

     (b) Used in accordance with all:

          (1) Instructions on the label of the product; and

          (2) Standards applicable in the state in which the treatment is applied for the protection of the worker applying the treatment.

     2.  This section does not affect, supersede or modify any instructions approved by the Environmental Protection Agency for the application of the pesticide.

     (Added to NAC by St. Quarantine Officer by R080-99, eff. 10-26-99)

      NAC 554.220  Applicability of quarantine. (NRS 554.020, 554.030)  The provisions of NAC 554.162 to 554.216, inclusive, do not apply to soil samples which are being moved pursuant to a federal compliance agreement.

     (Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A by St. Quarantine Officer by R080-99, 10-26-99)

EXTERIOR QUARANTINE AGAINST EUROPEAN CORN BORER

General Provisions

      NAC 554.230  Definitions. (NRS 554.020, 554.030)  As used in NAC 554.240 to 554.380, inclusive, unless the context otherwise requires:

     1.  “Official certificate” means a document issued by an authorized representative of the designated state, district or federal Department of Agriculture evidencing compliance with the provisions of NAC 554.280 to 554.370, inclusive, and setting forth all information and facts required by those sections.

     2.  “Portions of plants or fragments capable of harboring larva of the European corn borer” means any portion of a host plant of any shape or size which cannot be passed through a 1/2-inch square aperture and any completely whole, round, uncrushed section, portion or piece of cob, stalk or stem of 1 inch or more in length and three-sixteenths of an inch or more in diameter.

     3.  “Shelled grain” means the seeds or kernels separated from all other parts of a plant of corn, broomcorn, sorghum and Sudan grass.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (1), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.240  Establishment of quarantine. (NRS 554.020, 554.030)  A quarantine is hereby established against the European corn borer (Pyrausta nubilalis), its hosts and possible carriers.

     [Dep’t of Agriculture, No. 54.02 § (a), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.250  Areas under quarantine. (NRS 554.020, 554.030)  All states and districts of the United States except Alaska, Arizona, California, Hawaii, Idaho, New Mexico, Oregon, Utah and Washington are under quarantine.

     [Dep’t of Agriculture, No. 54.02 § (b), eff. 7-26-51; A 10-20-58; 6-1-63]—(NAC A by R007-07, 10-31-2007)

      NAC 554.260  Infested areas. (NRS 554.020, 554.030)  The following areas are infested with European corn borer:

     1.  The states of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin and Wyoming;

     2.  The District of Columbia; and

     3.  The counties of Carson, Dallam, Deaf Smith, Gray, Hansford, Hartley, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Randall, Roberts and Sherman in Texas.

     [Dep’t of Agriculture, No. 54.02 § (b) subsec. (b1), eff. 7-26-51; A 10-20-58; 6-1-63]—(NAC A by St. Quarantine Officer, 3-17-86)

      NAC 554.270  Restricted commodities. (NRS 554.020, 554.030)  The following commodities are subject to restrictions as hosts or possible carriers of the European corn borer:

     1.  Corn, broomcorn, sorghums and Sudan grass, plants and all parts thereof, including shelled grain and stalks, ears, cobs and all other parts, fragments or debris of the plants;

     2.  Beans in the pod;

     3.  Beets;

     4.  Celery;

     5.  Peppers (fruits);

     6.  Endive;

     7.  Swiss chard;

     8.  Rhubarb (cut or plants with roots); and

     9.  Cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems) and gladiolus (except corms without stems).

     [Dep’t of Agriculture, No. 54.02 § (c), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.280  Official certificate. (NRS 554.020, 554.030)  Except as otherwise provided in NAC 554.350, each lot or shipment of shelled grain of corn, broomcorn, sorghums and Sudan grass grown in or shipped from an area under quarantine and brought into this State must be accompanied by an official certificate.

     [Dep’t of Agriculture, No. 54.02 § (d) part subsec. (a), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.290  Contents of certificate for shelled grain grown in or shipped from infested area. (NRS 554.020, 554.030)  In addition to the information required by NAC 554.320, a certificate for shelled grain grown in or shipped from the infested area described in NAC 554.260 must either affirm that the grain has been:

     1.  Passed through a 1/2-inch mesh screen or less, or otherwise processed before loading and is believed to be free from stalks, cobs, stems or portions of plants or fragments capable of harboring larva of the European corn borer and that the car or truck was free from stalks, cobs, stems or such portions of plants or fragments at the time of loading; or

     2.  Fumigated by a method and in a manner prescribed by the Director, setting forth the date of fumigation, dosage schedule and the kind of fumigant used.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (2) par. (A), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.300  Contents of certificate for shelled grain grown in or shipped from area under quarantine but not infested. (NRS 554.020, 554.030)  In addition to the information required by NAC 554.320, a certificate for shelled grain grown in and shipped from states under quarantine but not listed in NAC 554.260 must be issued by the proper official of the state wherein such grain was produced, affirming that all the grain covered by the certificate is a product of a state wherein no European corn borer is known to exist and that its continued identity has been maintained to assure no blending or mixing with grain, plants or portions thereof produced in or shipped from infested areas.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (2) par. (B), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.310  Shelled grain transported through Nevada without certificate subject to disposal. (NRS 554.020, 554.030, 554.060)  Any lot or shipment of shelled grain arriving in this State which is not accompanied by an official certificate or which is certified on the basis of freedom from contamination with portions of plants or fragments capable of harboring larva of the European corn borer and which is found to be so contaminated, shall be deemed to be in violation of this quarantine and subject to disposal as provided in NRS 554.060.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (2) par. (C), eff. 7-26-51; A 10-20-58; 6-1-63]

 

      NAC 554.320  Contents of official certificates. (NRS 554.020, 554.030)  All certificates issued in compliance with NAC 554.290 or 554.300 must set forth:

     1.  The kind and quantity of the commodity constituting the lot or shipment covered thereby;

     2.  The initials and number of the railway car or license number in the case of a truck; and

     3.  The names and addresses of the shipper and consignee.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (2) par. (D), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.330  Certification of disinfection or treatment. (NRS 554.020, 554.030)

     1.  Stalks, ears, cobs or other parts, fragments or debris of corn, broomcorn, sorghums and Sudan grass grown in or shipped from the area under quarantine, imported as such or as packing or otherwise, will be admitted into this State only if each lot or shipment is accompanied by an official certificate of the state from which shipped, affirming that all stalks, ears, cobs or other parts, fragments or debris of the plants accompanied thereby have been disinfected or sterilized in a manner prescribed by the Director and setting forth the date and full particulars of the treatment applied.

     2.  Stalks, ears, cobs or other parts, fragments or debris of plants grown in and shipped from states under quarantine which are not listed in the infested areas described in NAC 554.260 will be admitted into this State only if each shipment or lot is accompanied by an official certificate of the state where produced, affirming that the product is a product of a state wherein no European corn borer is known to exist and that continued identity of the product has been maintained to assure no handling or storage in association with stalks, ears, cobs or other parts, fragments or debris of the plants grown in or shipped from infested areas.

     3.  All certificates issued in compliance with this section must set forth:

     (a) The kind and quantity of the commodity constituting the lot or shipment covered thereby;

     (b) The initials and number of the railway car or license number in the case of a truck; and

     (c) The names and addresses of the shipper and consignee.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (4), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.340  Certification required for certain vegetables and plants produced in or shipped from infested areas. (NRS 554.020, 554.030)  Except as otherwise provided in NAC 554.360, beans in the pod, beets, celery, peppers (fruits), endive, Swiss chard, rhubarb (cut or plants with roots), cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems) and gladiolus (except corms without stems) produced in or shipped from an infested area will be admitted into this State only if each lot or shipment is officially certified by an inspector of the United States Department of Agriculture or by an authorized official of the state where produced, evidencing that the plants, products or cut flowers have been inspected or that the greenhouse or growing grounds where they were produced were inspected and no European corn borer was found or that the plants, products or cut flowers have been fumigated by a method and in a manner prescribed by the Director and setting forth the date of fumigation, dosage schedule and the kind of fumigant used.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (5), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.350  Certain grain products exempt from certification requirements. (NRS 554.020, 554.030)  The certification requirements of NAC 554.280 to 554.340, inclusive, are hereby waived on shelled popcorn, seed for planting, individual shipments or lots of 100 pounds or less of other clean shelled grain or shipments or lots comprised of packages of less than 10 pounds, subject to inspection and freedom from portions of plants or fragments capable of harboring the European corn borer.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (3), eff. 7-26-51; A 10-20-58; 6-1-63]

 

 

      NAC 554.360  Certain restricted products exempt from certification requirements. (NRS 554.020, 554.030)  The certification requirements of NAC 554.340 are hereby waived on individual shipments or lots of certain restricted vegetables, ornamental plants and plant products if:

     1.  The shipments or lots of beans in the pod, beets, peppers (fruits), endive, Swiss chard and rhubarb (cut or plants with roots) are not more than 10 pounds.

     2.  Divisions without stems of the previous year’s growth, rooted cuttings, seedling plants and cut flowers of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia and Japanese hop are brought into the State between November 30 and May 1.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (6), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.370  Certain manufactured or processed products exempt from restrictions of quarantine. (NRS 554.020, 554.030)  No restrictions are placed by this quarantine upon the movement of restricted products which are processed or manufactured in such a manner as to eliminate all danger of carrying the European corn borer.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (7), eff. 7-26-51; A 10-20-58; 6-1-63]

      NAC 554.380  Violations. (NRS 554.020, 554.030, 554.060)  All lots or shipments in violation of this quarantine will be disposed of in accordance with NRS 554.060, except that the Director, his or her deputies or inspectors, may release small lots or shipments of restricted products which may be adequately inspected in lieu of origin certification if no living stages of the European corn borer are found, or the lot or shipment may be treated in an approved manner under official supervision.

     [Dep’t of Agriculture, No. 54.02 § (d) subsec. (8), eff. 7-26-51; A 10-20-58; 6-1-63]

Inspection, Fumigation or Treatment of Host Plants

      NAC 554.390  Methods of disinfecting ear corn. (NRS 554.020, 554.030)  Ear corn (dry) must be disinfected by using one of the following methods:

     1.  Ears of corn must be heated in a chamber at an air temperature of at least 168 degrees Fahrenheit for at least 2 hours. The ears of corn must be spread out on slat or wire shelves, not more than one layer deep. Air temperatures must be taken at three points in the chamber and the time of sterilization must begin when all thermometers reach 168 degrees Fahrenheit after the corn has been placed in the chamber.

     2.  Atmospheric fumigation in a gastight chamber using a dosage schedule of 2 pounds of methyl bromide per 1,000 cubic feet for 6 hours at temperatures of at least 70 degrees Fahrenheit.

     [Dep’t of Agriculture, No. 54.02-1 § I part subsec. A, eff. 4-2-71]

      NAC 554.400  Methods of disinfecting broomcorn. (NRS 554.020, 554.030)  Broomcorn and articles made of broomcorn must be disinfected by using one of the following methods:

     1.  Vacuum fumigation (HCN). Three pounds of liquid hydrocyanic acid or its equivalent per 1,000 cubic feet of air space must be injected into a vacuum at a temperature of not less than 60 degrees Fahrenheit. The gas must be injected in at least a 28-inch vacuum sustained for a period of at least 3 hours.

     2.  Steam sterilization under vacuum. Air pressure in a chamber must be reduced to a 25-inch vacuum. Steam must then be introduced until a positive pressure of 10 pounds is obtained. This pressure must be sustained until a constant temperature in all parts of the chamber is attained.

     3.  Atmospheric fumigation in a gastight chamber using a dosage schedule of 2 1/2 pounds of methyl bromide per 1,000 cubic feet of chamber space for 6 hours at temperatures of at least 70 degrees Fahrenheit.

     [Dep’t of Agriculture, No. 54.02-1 § I part subsec. A, eff. 4-2-71]

      NAC 554.410  Method of disinfecting certain vegetables and plants. (NRS 554.020, 554.030)  Ear corn (green), green beans, beets, celery, bell peppers, endive, Swiss chard, cut rhubarb, cut flowers and plants for propagation must be disinfected by atmospheric fumigation in a gastight chamber using methyl bromide at the following rates for the period specified, to be determined by the temperature of the product and the interior of the chamber:

 

Temperature (°F)

Pounds per 1,000 cubic feet

Exposure (hours)

       at least 73

2.0

2.5

67 - 72

2.5

2.5

62 - 66

2.5

3.0

58 - 61

2.5

3.5

54 - 57

2.5

4.0

50 - 53

3.0

4.0

46 - 49

3.0

4.5

42 - 45

3.5

4.5

38 - 41

3.5

5.0

 

     [Dep’t of Agriculture, No. 54.02-1 § I part subsec. A, eff. 4-2-71]

      NAC 554.420  Method of disinfecting bulk ear corn and baled broomcorn in freight cars. (NRS 554.020, 554.030)  Bulk ear corn and baled broomcorn in a freight car must be disinfected by atmospheric fumigation for 16 hours using methyl bromide at the following rates, to be determined by the temperature of the product and the interior of the car during the period of exposure:

 

Temperature (°F)

Pounds per 1,000 cubic feet

at least 60

3.0

50 - 59

3.5

40 - 49

4.0

30 - 39

4.5

20 - 29

5.0

 

At temperatures below 40 degrees Fahrenheit, the methyl bromide must be applied by using hot gas.

     [Dep’t of Agriculture, No. 54.02-1 § II subsec. A, eff. 4-2-71]

      NAC 554.430  Method of disinfecting bulk shelled grain in railway cars and certain vans. (NRS 554.020, 554.030)  Bulk shelled grain (corn, broomcorn, sorghums and Sudan grass) in railway cars or trucking vans must be disinfected by atmospheric fumigation for 16 hours using methyl bromide at the following rates, to be determined by the temperature of the product and the interior of the car during the period of exposure:

 

Temperature (°F)

Pounds per 1,000 cubic feet

at least 60

4.0

55 - 59

4.5

50 - 54

5.0

45 - 49

5.5

40 - 44

6.0

35 - 39

6.5

30 - 34

7.0

25 - 29

7.5

20 - 24

8.0

 

At temperatures below 40 degrees Fahrenheit, the methyl bromide must be applied by using hot gas.

     [Dep’t of Agriculture, No. 54.02-1 § II part subsec. B, eff. 4-2-71]

      NAC 554.440  Standards for freight cars and vans used for fumigation. (NRS 554.020, 554.030)  Only freight cars or trucking vans which are made only of metal may be used as fumigation chambers. The doors must be single doors and not over 7 feet wide. Doors and other apertures must be sealed in such a manner as to make them gastight.

     [Dep’t of Agriculture, No. 54.02-1 § II part subsec. B, eff. 4-2-71]

      NAC 554.450  Air circulation systems in railway cars or vans. (NRS 554.020, 554.030)

     1.  Each loaded railway car or trucking van must be prepared so that air can be withdrawn from beneath the grain and returned to the space above the load. This must be provided by a system of probes inserted in the grain and connected by flexible tubing to a portable blower outside of the car which returns the air to the space above the load.

     2.  The probe system must consist of ten probes 6 feet long inserted equidistant in a line down the center of the car so that the perforated tips are near the floor.

     3.  The probes must be connected by flexible tubing proportioned so that there is equal suction on each probe.

     4.  One doorway must be sealed with gastight laminated paper. The ducts must lead through this seal to the portable blower.

     5.  The blower must have a capacity of at least 625 cubic feet per minute against a 5-inch static pressure and must be of a design that can be made gastight. The gas may be introduced as a spray or through a volatilizer into the exhaust duct at any point between the blower and the car or van, or may be introduced directly into the space above the load.

     [Dep’t of Agriculture, No. 54.02-1 § II part subsec. B, eff. 4-2-71]

      NAC 554.460  Duct systems in railway cars or vans. (NRS 554.020, 554.030)

     1.  The intake side of the blower unit must be connected to the inside duct system by a 15-foot length of 6-inch flexible tubing coated with neoprene. Another 15-foot length of 8-inch tubing must be attached to the exhaust side of the blower and the other end inserted into a metal collar inserted into the paper grain door above the load.

     2.  The inside probe and duct system must be constructed of flexible tubing coated with neoprene. Two similar systems must extend from the center to each end of the car or van and must be connected by a Y-section to a 5-foot section of 6-inch tubing which extends toward the door. The end of this section must be fitted with a sheet metal tubing that is 6 inches in diameter and extends through the paper grain door and connects to the intake side of the blower.

     3.  A set of ten probes which are 6 feet long are required. Probes must be made from 1 1/4-inch I.D. hard-drawn aluminum tubing. Each probe must be fitted with a heavy sheet metal point having four slots which are one-sixteenth of an inch wide and 5 inches long through which air is taken into the duct system. Each probe must be attached to the duct system by a section of 1 1/2-inch flexible tubing.

     [Dep’t of Agriculture, No. 54.02-1 § II part subsec. B, eff. 4-2-71]

      NAC 554.470  Procedure for installing duct systems in railway cars or vans. (NRS 554.020, 554.030)

     1.  Lay out the inside probe and duct system on top of the load. Insert the probes down the center of the load at 4-foot intervals to a depth near the floor. Both end probes must be placed 2 feet from the end of the car. Seal the door of the car through which intake and exhaust tubes from the blower will connect to the probe-duct system as provided in this section.

     2.  Heavy laminated paper must be placed in the doorway on the outer side of the wooden grain door and sealed to the doorfacing and doorsill by masking tape. The top edge of this paper must be lapped over and fastened to the top edge of the wooden grain door. The remainder of the opening must be covered by a paper grain door to the ceiling of the car.

     3.  Loosen the wooden grain door and slip the bottom edge of the paper door down so as to overlap the paper on the wooden door. Renail the wooden grain door in place. Seal this lap of paper grain door to the paper covering on the wooden door using masking tape. Nail a 1- by 4-inch plank across the top of the paper grain door inside the car, leaving a sufficient edge of paper above the plank to seal it with masking tape or “bug” putty. Seal the ends of the paper grain door to the inside wall of the car with masking tape. Cut two holes in the paper grain door, one with an 8-inch diameter and one with a 6-inch diameter. These holes must be cut just above the edge of the wooden grain door so that ducts will rest on the top of the wooden grain door. Seal an 8-inch collar inserted through the hole through which the exhaust duct may be inserted. Insert the end of the inside duct system out through the 6-inch hole so as to protrude about 2 inches beyond the paper grain door and to which the intake duct from the blower may be attached. Close the opposite door and all other apertures in the car and seal them with masking tape and “bug” putty so as to make the entire car gastight.

     4.  Connect the intake duct from the blower to the end of the inside probe system extending through the paper car door. Insert the end of the exhaust duct through the 8-inch collar in the paper grain door and seal with masking tape or “bug” putty. Start the blower and introduce the required amount of fumigant. Allow the blower to operate continuously for at least 10 minutes after the fumigant has been discharged. Disconnect the intake and exhaust ducts, seal the openings and close the door of the car. Allow the car to remain undisturbed for 16 hours.

     5.  “Bug” putty may be purchased from fumigant supply companies or may be made from 8 parts asbestos, 3 parts calcium chloride and 4 parts water.

 

 

     [Dep’t of Agriculture, No. 54.02-1 § II part subsec. B, eff. 4-2-71]

EXTERIOR QUARANTINE AGAINST MINT DISEASE

      NAC 554.480  Establishment of quarantine. (NRS 554.020, 554.030)  A quarantine is hereby established against mint wilt (Verticillium albo - atrum R. & B.), the nematode (Longidorus sylphus Thorn), their hosts and possible carriers.

     [Dep’t of Agriculture, No. 54.07 § A, eff. 10-1-67]

      NAC 554.490  Areas under quarantine. (NRS 554.020, 554.030)  All states and districts of the United States are under quarantine.

     [Dep’t of Agriculture, No. 54.07 § B, eff. 10-1-67]

 

      NAC 554.500  Commodities covered by quarantine. (NRS 554.020, 554.030)  The following commodities are under quarantine:

     1.  Mint planting stock including, but not limited to, all roots, stoles, rhizomes and cuttings of peppermint (Mentha piperita), or spearmint (Mentha spicta) or any species of the genus Mentha that may be used for the production of oil.

     2.  Used machinery and equipment used in handling, digging, planting, cultivating, harvesting, fertilizing or distilling mint and mint hay.

     [Dep’t of Agriculture, No. 54.07 § C, eff. 10-1-67]

      NAC 554.510  Permits of entry. (NRS 554.020, 554.030)

     1.  Before a person brings into this State an article which is under quarantine pursuant to NAC 554.500, the person must first apply to the Administrator of the Division of Plant Industry of the Department for a permit to do so.

     2.  The application for a permit must contain:

     (a) The name and address of the exporter;

     (b) The exact location of the farm of the producer or, if the article originated or was used at a place other than the locality from which it was shipped, the point of use or origin;

     (c) The nature and amount of the importation;

     (d) The name and address of the importer; and

     (e) The method and routes of transportation, such as by the use of truck, trucking company or railroad company.

     [Dep’t of Agriculture, No. 54.07 § D subsec. (1), eff. 10-1-67]

      NAC 554.520  Contents of permit of entry. (NRS 554.020, 554.030)  A permit of entry issued by the Director must contain:

     1.  The conditions under which the mint planting stock may be imported.

     2.  A certificate signed by an authorized official of the state of origin which certifies that:

     (a) The planting stock was inspected;

     (b) The field from which it came was inspected during the growing season before the cutting of mint hay; and

     (c) The field and mint planting stock was found to be free of mint wilt and nematode pest.

     3.  The conditions under which used equipment may be imported, including, but not limited to, any treatment, sterilization, standards of cleanliness or inspection that the Director deems necessary.

     [Dep’t of Agriculture, No. 54.07 § D subsec. (2), eff. 10-1-67]

EXTERIOR QUARANTINE AGAINST MINT STEM BORER

      NAC 554.525  Establishment of quarantine. (NRS 554.020, 554.030)  A quarantine is hereby established upon any commodity specified in NAC 554.528 that originates in an infested area specified in NAC 554.526 and may be a carrier of the mint stem borer (Pseudobaris nigrina).

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

      NAC 554.526  Infested areas. (NRS 554.020, 554.030)  The following areas are infested with the mint stem borer:

     1.  The states of Alabama, Connecticut, Florida, Maryland, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina and Virginia; and

     2.  The counties of Ada, Canyon, Elmore, Gem, Owyhee, Payette and Washington in Idaho and the county of Malheur in Oregon.

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

      NAC 554.527  Restricted areas. (NRS 554.020, 554.030)  The following areas are restricted:

     1.  Any state or county not specified in NAC 554.526, other than Alaska or Hawaii; and

     2.  The District of Columbia.

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

      NAC 554.528  Commodities covered by quarantine. (NRS 554.020, 554.030)  The following commodities are under quarantine:

     1.  Any stock used to plant mint, including, without limitation, any root, stolon, rhizome or cutting of peppermint (Mentha piperita), spearmint (Mentha spicta) or any other species of the genus Mentha; and

     2.  Any soil that is associated with or attached to any stock specified in subsection 1.

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

      NAC 554.529  Entry of commodities covered by quarantine into Nevada: Prohibited from infested areas; certificate required from restricted areas. (NRS 554.020, 554.030)

     1.  The entry into this State of a commodity specified in NAC 554.528 that originates in an infested area is prohibited.

     2.  A commodity specified in NAC 554.528 is prohibited from entering this State from a restricted area unless the commodity is accompanied by a certificate signed by or bearing a facsimile signature of the authorized agricultural inspection officer of the state of origin certifying that:

     (a) The planting stock was inspected;

     (b) The field from which the planting stock originated was inspected during the growing season for the planting stock and before any mint hay was cut from the field; and

     (c) The planting stock and field were found to be free of the mint stem borer.

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

EXTERIOR QUARANTINE AGAINST ORGANISM THAT CAUSES LETHAL YELLOWING OF PALM

      NAC 554.535  Establishment of quarantine. (NRS 554.020, 554.030)  A quarantine is hereby established against the organism that causes lethal yellowing of palm, the planthopper that is its natural carrier (Myndus crudus), and the hosts of the organism and the carrier.

     (Added to NAC by St. Quarantine Officer by R091-01, eff. 10-12-2001)

      NAC 554.545  Areas under quarantine. (NRS 554.020, 554.030)  The following areas are under quarantine:

     1.  The counties of Broward, Collier, Dade, Hendry, Lee, Martin, Monroe and Palm Beach in Florida; and

     2.  The counties of Cameron, Hidalgo and Willacy in Texas.

     (Added to NAC by St. Quarantine Officer by R091-01, eff. 10-12-2001)

      NAC 554.555  Commodities subject to quarantine. (NRS 554.020, 554.030)  The following commodities are subject to the quarantine:

     1.  Ruffle palm (Aiphanes lindeniana).

     2.  Seashore palm (Allagoptera arenaria).

     3.  Broomsedge (Andropogon virginicus).

     4.  Formosa palm or sugar palm (Arenga engleri).

     5.  Arikury palm (Arikuryroba schizophylla, Syagrus schizophylla).

     6.  Palmyra palm (Borassus flabellifer).

     7.  Cluster fishtail palm (Caryota mitis).

     8.  Giant fishtail palm (Caryota rumphiana).

     9.  A certain palm (Chelyocarpus chuco).

     10.  Cabada palm (Chrysalidocarpus cabadae, Dypsis cabadae).

     11.  Coconut palm (Cocos nucifera).

     12.  Buri palm (Corypha elata).

     13.  Bermuda grass (Cynodon dactylon).

     14.  Sedges (Cyperus spp.).

     15.  Princess palm (Dictyosperma album).

     16.  Centipede grass (Eremochloa ophiuroides).

     17.  Puerto Rican gaussia (Gaussia attenuata).

     18.  Belmore sentry palm (Howea belmoreana).

     19.  Spindle palm (Hyophorbe verschaffeltii (Mascarena v.)).

     20.  Latan palm (Latania sp.).

     21.  Chinese fan palm (Livistona chinensis).

     22.  Javanese fan palm (Livistona rotundifolia).

     23.  Mazari palm (Nannorrhops ritchiana).

     24.  Triangle palm (Neodypsis decaryi, Dypsis decaryi).

     25.  Paragrass (Panicum purpurascens).

     26.  A certain grass (Panicum bartowense).

     27.  Screw pine (Pandanus utilis).

     28.  Bahia grass (Paspalum notatum).

     29.  Canary Island date palm (Phoenix canariensis).

     30.  Date palm (Phoenix dactylifera).

     31.  Senegal date palm (Phoenix reclinata).

     32.  Cliff date palm (Phoenix rupicola).

     33.  Wild date palm (Phoenix sylvestris).

     34.  Peicherdia (Pritchardia spp.).

     35.  Hildebrandt’s palm (Ravenea hildebrandtii).

     36.  Foxtail (Setaria spp.).

     37.  St. Augustine grass (Stenotaphrum secundatum).

     38.  Windmill palm (Trachycarpus fortunei).

     39.  Christmas palm (Veitchia spp.).

     40.  Any other commodity that the State Quarantine Officer or his or her representative determines is a host of:

     (a) The organism that causes lethal yellowing of palm; or

     (b) The planthopper that is its natural carrier (Myndus crudus).

     (Added to NAC by St. Quarantine Officer by R091-01, eff. 10-12-2001)

      NAC 554.565  Entry into State of certain commodities prohibited. (NRS 554.020, 554.030)  The entry into this State of a commodity specified in NAC 554.555, including any part thereof that is capable of propagation, except seed, is prohibited if grown in or shipped from an area under quarantine.

     (Added to NAC by St. Quarantine Officer by R091-01, eff. 10-12-2001)

      NAC 554.575  Disposition of commodities entering State in violation of quarantine; liability for costs. (NRS 554.020, 554.030, 554.060)  A commodity that enters this State in violation of the quarantine imposed pursuant to NAC 554.535 to 554.565, inclusive, must be immediately shipped to a destination located outside of this State or destroyed by burning or any other manner approved by the Department. If a commodity is shipped or destroyed pursuant to this section, the owner of the commodity or his or her agent is liable for the cost of the shipment or destruction.

     (Added to NAC by St. Quarantine Officer by R091-01, eff. 10-12-2001)

EXTERIOR QUARANTINE AGAINST COLORADO POTATO BEETLE

      NAC 554.700  Establishment of quarantine. (NRS 554.020, 554.030)  The Director hereby establishes a quarantine at the Nevada boundaries to prevent or restrict the introduction into this State of certain commodities which have originated in infested areas and may be carriers of the Colorado potato beetle (Leptinotarsa decemlineata).

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-80)

      NAC 554.710  Infested areas. (NRS 554.020, 554.030)  The following areas are infested with the beetle:

     1.  All states of the United States except Alaska, California and Hawaii;

     2.  The District of Columbia; and

     3.  All territories of the United States.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-80)

      NAC 554.720  Restricted commodities. (NRS 554.020, 554.030)  The following commodities are designated as restricted:

     1.  Plants and cuttings of tomato (Lycopersicon esculentum);

     2.  Egg plant (Solanum melongena);

     3.  Pepper (Capsicum frutescens);

     4.  Irish potato (Solanum tuberosum); and

     5.  Any soil in association with or attached to any such tubers, plants or cuttings.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-80)

      NAC 554.730  Certification. (NRS 554.020, 554.030)

     1.  Except as otherwise provided in subsection 2, no restricted commodity may enter this State from an infested area unless the shipment or lot containing it is accompanied by a certificate signed by an authorized inspector of the state, district or territory in which the commodity was produced and a copy of the certificate is mailed to the State Department of Agriculture, 350 Capitol Hill Avenue, Reno, Nevada 89502, affirming that all restricted commodities contained in the lot or shipment were grown in and shipped from a geographic locality free from the Colorado potato beetle.

     2.  Irish potato tubers may enter this State from any point in an infested area if, before entry, the tubers:

     (a) Have been washed, screened or otherwise freed of any soil and any host plants or cuttings thereof; and

     (b) Are in new or recleaned sacks or in other clean containers.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-80)

EXTERIOR QUARANTINE AGAINST POTATO LATE BLIGHT

      NAC 554.755  Establishment of quarantine. (NRS 554.020, 554.030)  A quarantine is hereby established upon any commodity specified in NAC 554.765 that originates in an infested area specified in NAC 554.759 and may be a carrier of late blight (Phytophthora infestans).

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

      NAC 554.759  Infested areas. (NRS 554.020, 554.030)  Each state, district and territory of the United States is an infested area.

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

 

      NAC 554.765  Commodities covered by quarantine. (NRS 554.020, 554.030)  The following commodities are under quarantine:

     1.  Any seed potato or potato plant; and

     2.  Any plant of the genus Lycopersicon, except tomato seeds.

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

      NAC 554.769  Certification of commodities covered by quarantine entering Nevada. (NRS 554.020, 554.030)

     1.  Any commodity specified in NAC 554.765 is prohibited from entering this State from an infested area unless the commodity is accompanied by a certificate signed by or bearing a facsimile signature of the authorized agricultural officer of the state of origin.

     2.  If the commodity is a seed potato or potato plant, the certificate must state that the seed potato or potato plant:

     (a) Was produced and certified as a certified seed potato in the state or county of origin; and

     (b) Was inspected in storage and at the point of shipping, and late blight was not found in the lot.

     3.  If the commodity is a plant of the genus Lycopersicon, the certificate must state that the plant:

     (a) Was grown in a nursery or greenhouse;

     (b) Was inspected at that nursery or greenhouse and was found to be free of late blight;

     (c) Before shipment, was treated with a registered fungicide that is labeled for the control of late blight; and

     (d) Was inspected at the point of shipment and found to be free of late blight.

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

      NAC 554.775  Disposition of commodities entering State in violation of quarantine; liability for cost. (NRS 554.020, 554.030, 554.060)  Any commodity specified in NAC 554.765 that is found to be infested with late blight or shipped to a destination in this State in violation of the quarantine imposed pursuant to NAC 554.755 to 554.775, inclusive, must be immediately shipped to a destination located outside of this State or destroyed or treated in a manner approved by the Department. If any commodity is shipped, destroyed or treated pursuant to this section, the owner of the commodity or his or her agent is liable for the cost of the shipment, destruction or treatment.

     (Added to NAC by St. Quarantine Officer by R032-01, eff. 1-17-2002)

INTERIOR QUARANTINE AGAINST AFRICANIZED HONEYBEES

      NAC 554.805  Establishment of quarantine; areas under quarantine. (NRS 554.110)

     1.  A quarantine is hereby established against Africanized honeybees (Apis mellifera scutellata).

     2.  The following areas are under the quarantine:

     (a) Any area within the boundaries of Clark County, Nevada;

     (b) Any portion of Nye County, Nevada, that lies south of 37o north latitude; and

     (c) Any portion of Lincoln County, Nevada, that lies south of 38o north latitude.

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002; R044-03, 9-24-2003)

      NAC 554.811  Restricted commodities. (NRS 554.110)  The following commodities are designated as restricted:

     1.  Any colony of honeybees that is owned or managed by a person; and

     2.  Any queen or other honeybee obtained from a colony specified in subsection 1.

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002)

      NAC 554.815  Certification by Department required for movement, sale or distribution of restricted commodity from area under quarantine. (NRS 554.110)  A person shall not:

     1.  Ship, transport or otherwise move a commodity that is restricted pursuant to NAC 554.811 to a destination that is located outside of an area specified in NAC 554.805 unless, within 30 days before the commodity is transported, shipped or moved, the Department certifies that the commodity is not an Africanized honeybee or does not contain any Africanized honeybees; or

     2.  Produce for sale or distribution any queen or other honeybee specified in NAC 554.811 unless the Department, at least twice during the year in which the queen or honeybee is produced for sale or distribution, certifies that the colony that is used to produce the queen or honeybee does not contain any Africanized honeybees.

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002)

      NAC 554.821  Violations. (NRS 554.110)  If the Department determines that a colony specified in NAC 554.811 contains Africanized honeybees, the Department shall, within 10 days after making that determination, notify the owner or manager of the colony of that fact in writing. Within 30 days after receiving the notice, the owner or manager shall:

     1.  Destroy the colony in a manner specified by the Department; or

     2.  Provide the colony with a queen that is not an Africanized honeybee.

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002)

      NAC 554.825  Disposition of restricted commodity that is moved to destination outside of area of quarantine. (NRS 554.110)  If any commodity that is restricted pursuant to NAC 554.811 is shipped, transported or otherwise moved to a destination in this State that is located outside an area specified in NAC 554.805 in violation of NAC 554.805 to 554.825, inclusive, the commodity must be immediately returned to the area or destroyed in a manner specified by the Department.

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002)

QUARANTINES AGAINST STEM AND BULB NEMATODE AND WHITE ROT FUNGUS

      NAC 554.910  Establishment of quarantine. (NRS 554.020, 554.030)

     1.  A quarantine is hereby established against stem and bulb nematode (Ditylenchus dipsaci) and the white rot disease fungus (Sclerotium cepivorum) and their hosts and possible carriers.

     2.  All states of the United States and the District of Columbia are subject to the quarantine.

     3.  The quarantine applies to propagative bulbs, cloves, sets or seedlings of garlic, onion and other Allium species to be used for commercial production.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83)

      NAC 554.920  Certification of commodities entering Nevada. (NRS 554.020, 554.030)

     1.  Except as otherwise provided in subsection 2, each shipment of the quarantined commodities must be accompanied by a certificate of origin signed by an authorized official of the state of origin. The certificate of origin must contain declarations that:

     (a) The planting stock was grown in an area not known to be infested with stem and bulb nematode or with white rot disease;

     (b) The crop was inspected during the growing season and was found apparently free from stem and bulb nematode and white rot; and

     (c) The seed-garlic was presoaked in hot water with or without formalin at 100 degrees Fahrenheit, plus or minus 2 degrees Fahrenheit, for 30 minutes followed immediately by a 20-minute soaking at 120 degrees Fahrenheit, plus or minus 2 degrees Fahrenheit, in a solution of the same composition, but variations of this treatment may be substituted with prior approval of the Director.

     2.  If stock for the commercial propagation of garlic or onions is accompanied by a certificate issued under a state or federally supervised program which has been specifically designed to prevent infection of such stock by stem and bulb nematode or white rot fungus, the stock may be brought into Nevada or a control area within this State without meeting the requirements of subsection 1.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A 1-27-89)

      NAC 554.930  Inspection by State Quarantine Officer or designee; fee; replanting of garlic bulbs; imported machinery and bins. (NRS 554.020, 554.030, 587.360)

     1.  The State Quarantine Officer or his or her designee will inspect onions or garlic or the planting areas for those plants during any time of the year which may be appropriate to determine the presence of any stem and bulb nematode or any white rot fungus.

     2.  For each inspection of a commercial production conducted pursuant to subsection 1, the State Quarantine Officer will, in accordance with NRS 587.360, impose a fee of:

     (a) Fourteen dollars per acre for a field planted with any vegetative seed specified by the State Quarantine Officer; and

     (b) Five dollars per acre for a field planted with any true seed specified by the State Quarantine Officer.

     3.  Garlic bulbs grown in Nevada may be replanted if they have been inspected by the State Quarantine Officer or his or her designee during the growing season and found apparently free from stem and bulb nematode and white rot fungus.

     4.  All machinery and all bins and other equipment which have been used in handling, digging, planting, cultivating, harvesting or fertilizing an Allium crop must be free of any dirt, garlic, onions and other residue of the Allium species before being brought into Nevada.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; NAC A by St. Quarantine Officer by R089-11, 12-30-2011)

      NAC 554.940  Reports by growers to Department. (NRS 554.020, 554.030)

     1.  A grower shall report to the Department information concerning the planting of onions, garlic or other Allium species on or before May 1 of each year on the form prescribed by the Department.

     2.  The report must include:

     (a) The location of each field of onions, garlic or other Allium species;

     (b) The date each field was planted; and

     (c) The proposed date of harvesting for each field.

     (Added to NAC by Dep’t of Agriculture, eff. 4-18-90)

      NAC 554.950  Treatment of fields infested with white rot fungus; decontamination of machinery and equipment. (NRS 554.020, 554.030)

     1.  A field found to be infested with white rot fungus (Sclerotium cepivorum) must be placed under quarantine and fumigated or treated in the manner approved by the Director. As used in this subsection, “quarantine” includes the restriction of movement of equipment and crop from an infested field.

     2.  All machinery and equipment that has been used in the handling or treatment of onions, garlic or other Allium species which is found to be infested with white rot fungus (Sclerotium cepivorum) must be decontaminated in a manner approved by the Director before it is removed from the infested field.

     (Added to NAC by Dep’t of Agriculture, eff. 4-18-90)

VIOLATIONS OF QUARANTINES

      NAC 554.970  Definitions. (NRS 554.085)  As used in NAC 554.970 to 554.982, inclusive, unless the context otherwise requires, the words and terms defined in NAC 554.972, 554.974 and 554.976 have the meanings ascribed to them in those sections.

     (Added to NAC by St. Quarantine Officer by R227-97, eff. 6-23-98)

      NAC 554.972  “Notice of violation” defined. (NRS 554.085)  “Notice of violation” means a nursery inspection report or an interview notice issued by the Department which:

     1.  Sets forth the statute or regulation that has been violated;

     2.  Sets forth what must be done with the nursery stock found in violation; and

     3.  Is signed by:

     (a) A representative of the Department; and

     (b) The person who is in violation of the statute or regulation.

     (Added to NAC by St. Quarantine Officer by R227-97, eff. 6-23-98)

      NAC 554.974  “Notice of warning” defined. (NRS 554.085)  “Notice of warning” means a written notice issued by the Department which sets forth:

     1.  The statute or regulation that has been violated; and

     2.  Any action which must be taken by the person in violation to remedy the violation.

     (Added to NAC by St. Quarantine Officer by R227-97, eff. 6-23-98)

      NAC 554.976  “Nursery stock” defined. (NRS 554.085)  “Nursery stock” means any product of the soil, including, without limitation, agricultural or horticultural crops, seeds, plants, trees or shrubs and any part or manufactured product thereof.

     (Added to NAC by St. Quarantine Officer by R227-97, eff. 6-23-98)

      NAC 554.978  Issuance of notice of warning. (NRS 554.085)

     1.  A notice of warning may be issued by the Department for a first violation of a quarantine issued pursuant to NRS 554.020 that was unintentional as long as the nursery stock did not contain a quarantined insect, weed or plant disease.

     2.  An administrative fine will not be assessed with a notice of warning issued pursuant to this section.

     (Added to NAC by St. Quarantine Officer by R227-97, eff. 6-23-98)

      NAC 554.980  Administrative fine for failure to comply with actions in notice of violation. (NRS 554.085)  A person who fails to comply with the actions set forth in a notice of violation that are required by the Department to remedy the violation shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     1.  For the first violation, $1,500.

     2.  For the second violation, $3,000.

     3.  For the third and any subsequent violation, $5,000.

     (Added to NAC by St. Quarantine Officer by R227-97, eff. 6-23-98)

      NAC 554.982  Administrative fine for unlawful importation of nursery stock. (NRS 554.085)  A railroad, express company or other common carrier, or any other person who imports nursery stock in violation of NRS 554.070, shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     1.  For the first violation, $1,500.

     2.  For the second violation, $3,000.

     3.  For the third and any subsequent violation, $5,000.

     (Added to NAC by St. Quarantine Officer by R227-97, eff. 6-23-98)