(a) The State Plant Board has found and determined and does hereby declare the fungus Gibberella fujikuroi (bakanae strains), causal agent of the rice disease bakanae, commonly known as "foolish seedling disease", a:

1. (1) Public nuisance;
2. (2) Pest; and
3. (3) Menace to the rice industry.

(b)

1. (1) The purpose of this quarantine is to prohibit introduction of the disease and its causal agent into rice production areas of Arkansas.
2. (2) The movement of Gibberella fujikuroi (bakanae strains) regulated articles from infested areas into Arkansas is hereby restricted.

(c) Quarantine implementation.

1. (1) The board will implement the Gibberella fujikuroi (bakanae strains)/Bakanae or foolish seedling disease of rice-quarantine immediately upon adoption of this section.
2. (2) Regulatory action will be implemented at the discretion of the board.

(d) Definitions. As used in this section:

1. (1)

   1. (A) “Certificate A” means a document issued or authorized by the board, or regulatory official of the state of origin, indicating that a regulated article:

(i) Is not contaminated with Gibberella fujikuroi (bakanae strains); or

1. (ii) Has been treated in such a manner as to eliminate the organism.

   1. (B) Such articles may be moved to any destination;
2. (2) “Compliance agreement” means a written agreement between the board and any person engaged in growing, dealing in, or moving regulated articles wherein the latter agrees to comply with conditions specified in the agreement to prevent the dissemination of Gibberella fujikuroi (bakanae strains);
3. (3) “Exemptions” means provisions contained in this part which allow for modifications in conditions of movement of regulated articles from regulated areas under specified conditions;
4. (4) “Farm operator” means a person responsible for the production and sale of a rice crop on any individual farm;
5. (5) “Infected” means a presence of the causal organism on or in seed or any plant part that may or may not sustain and support the living and reproduction of the organism;
6. (6) “Infested” means actually infested with the organism or so exposed to infestation that it would be reasonable to believe that an infestation exists;
7. (7) “Inoculum” means spores or any other part of the causal organism that might serve to cause the organism to survive and reproduce on any plant or plant part that it comes into contact with;
8. (8) “Inspector” means any authorized employee of the board, or any other person authorized by the board to enforce the provisions of this part;
9. (9) “Limited permit” means a document issued or authorized by the board or a designated regulatory official to provide for the movement of regulated articles to a restricted destination for limited handling, utilization, or processing or for treatment;
10. (10) “Mill operator” means a person responsible for the operation of a manufacturing plant, and all facilities of that plant, involved in the processing, packaging, or handling of rough rice and rice products;
11. (11) “Milled rice” means rice that has been subjected to processing to produce products from rough rice;
12. (12) “Milling rice” means rice that has been produced, handled, acquired, and destined for processing through a mill;

13. (13) “Person” means any:

    1. (A) Individual;
    2. (B) Corporation;
    3. (C) Company;
    4. (D) Society;
    5. (E) Association; or
    6. (F) Other business entity;
14. (14) “Regulated area” means any state or any portion of such state that is known to be infested with Gibberella fujikuroi (bakanae strains);
15. (15) “Research rice” means any rice seed or rice plant parts that are to be used in a recognized research project conducted by a state or federal program under the supervision of a trained and credentialed professional staff that has in place proper safety programs to prevent the accidental release and/or spread of the disease;
16. (16) “Rice mill” means any manufacturing plants and all associated facilities that are involved in processing rough rice to produce rice related products;
17. (17) “Rice” means all parts of rice and wild rice plants of the genera Oryza;
18. (18) “Rice hulls” means the outer covering of the rice seed that usually is removed in the milling process;
19. (19) “Rice production area” means any area utilized in the growing of rice plants for production of the plant and/or subsequent seed for harvesting;
20. (20) “Rice products” means any commodity or product that has been produced from any part of the rice plant and may contain parts of the original plant structure or they may be unrecognizable as having originated from the rice plant because of being subjected to additional processing;
21. (21) “Rice mill waste” means any trash or discarded material that was originally contained or in contact with rice plants, seed, or other plant parts utilized in a milling process;
22. (22) “Rough rice” means rice seed harvested, handled, and transported in the same form it was in immediately following harvest and removal from the rice plant;
23. (23) “Seed assay” means any test available to be applied to a sample, lot, or other quantity of seed to determine the presence of Gibberella fujikuroi (bakanae strains);

24. (24)

    1. (A) “Seed rice” means seed removed from the rice plant and subjected to such processing as to make the seed suitable for use as planting material for subsequent rice crops.

    2. (B) This processing may include but is not limited to:

       1. (i) Cleaning;
       2. (ii) Treating; and
       3. (iii) Bagging.
    3. (C) Depending on the handling and products applied to this seed it may or may not be suitable for human consumption;
25. (25) “Treatment” means any process that may be applied to rice seed or other plant parts in an attempt to modify/or affect the presence of Gibberella fujikuroi (bakanae strains); and
26. (26) “Used rice equipment” means any equipment previously used to harvest, strip, transport, destroy, or process rice.

(e) Regulated articles. The following are regulated under the provisions of this section:

1. (1) The causal agent, Gibberella fujikuroi (bakanae strains), in any living stage of development;
2. (2) Rice;
3. (3) Rough rice;
4. (4) Seed rice;
5. (5) Research rice;
6. (6) Milling rice;
7. (7) Rice hulls;
8. (8) Rice mill waste;
9. (9) Used rice equipment; and
10. (10) Any other products, articles, or means of conveyance not covered by subdivisions (e)(1) – (9) of this section, when determined by an inspector they present a hazard of spread of Gibberella fujikuroi (bakanae strains) and the person in possession thereof has been so notified.

(f) Conditions governing the movement of regulated articles. The following conditions govern the movement of regulated articles:

1. (1) A certificate or limited permit is required to transport regulated articles from a regulated area into or through any rice production area;
2. (2) A certificate or limited permit for movement of regulated articles may be obtained from the board or an authorized cooperator/collaborator agency;

3. (3) A certificate or limited permit may be issued by an inspector if a regulated article has:

   1. (A) Originated in the noninfested area of this state or in a noninfested area of any other state and has not been exposed to infestation at any time;
   2. (B) Been treated to eliminate infestation;
   3. (C) Been subjected to a seed assay to determine if the causal agent is present and none is found; or
   4. (D) Been grown, manufactured, stored or handled in such a manner that in the judgment of the inspector no infestation will be transmitted thereby;
4. (4) Limited permits may be issued by an inspector to allow the movement of noncertified regulated articles for specified handling, utilization, processing, or treatment in accordance with approved procedures, provided the inspector has determined that such movement will not result in the spread of Gibberella fujikuroi (bakanae strains);
5. (5) When certificates or limited permits are required, they shall be securely fastened to the regulated article or to the outside of the container in which the regulated article is being moved;
6. (6) Any certificate or limited permit which has been issued or authorized may be withdrawn by the inspector if he or she determines that the holder thereof has not complied with any conditions for the use of such documents or with any conditions contained in a compliance agreement; and

7. (7)

   1. (A) Persons requesting certification or a limited permit must request the services from an inspector or inspectors at least forty-eight (48) hours before the services are needed.
   2. (B) The regulated articles must be assembled at the place and manner in which the inspector designates outside the rice production area.

   3. (C) The following information must be provided at the time the request is submitted:

      1. (i) The quantity of the regulated article to be moved;
      2. (ii) The location of the regulated article;
      3. (iii) The names and addresses of the consignee and consignor;
      4. (iv) The method of shipment; and
      5. (v) The scheduled date of shipment.

(h) Inspection and disposal.

1. (1) An inspector is authorized to stop and inspect any regulated article moving into a rice production area.

2. (2) Any article found to be infested with Gibberella fujikuori (bakanae strains) or having originated in an area where Gibberella fujikuori (bakanae stains) is known to occur and not certified, shall be subject to treatment or confiscation and destruction, without compensation, as required by the board.

   1. (i) Compliance agreement.

3. (1) As a condition of issuance of certificates or limited permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement stipulating that he or she:

   1. (A) Maintains such safeguards against the establishment and spread of any infestation;
   2. (B) Complies with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles; and
   3. (C) Cleans and treats means of conveyance and the containers used in the transportation of such articles as may be required by the inspector.

4. (2)

   1. (A) Any compliance agreement may be cancelled by the inspector who is supervising its enforcement whenever he or she finds, after notice and opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement.

   2. (B) Any compliance agreement may be cancelled when compliance is no longer required.

      1. (ii) Violations and penalties. Any violation of this part may be subject to civil penalties under the authority of the Arkansas Plant Act of 1917, Arkansas Code § 2-16-203.