(a)

1. (1) The destructive pest known as emerald ash bore (Agrilus planipennis) is established in other states and has been found in Arkansas.
2. (2) This pest can be extremely injurious to ash trees (genus Fraxinus) and ash nursery stock.
3. (3) Therefore, it would be in the best interest of Arkansas' citizens and agriculture that a quarantine be established against it.

(c) Definitions. As used in this section:

1. (1) “Arkansas State Plant Board” means any authorized employee of the State Plant Board or any other person authorized by the State Plant Board to enforce the provisions of this part;

2. (2) “Certificate” means a document that:

   1. (A) Is issued for a regulated article by the Director of the State Plant Board or by a person operating under a compliance agreement; and
   2. (B) Represents that such article is eligible for movement;
3. (3) “Compliance agreement” means a written agreement between the State Plant Board, the United States Department of Agriculture, Animal and Plant Health Inspection Service, and a person engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with the provisions specified in the agreement;
4. (4) “Emerald ash borer” means the insect known as emerald ash borer (Agrilus planipennis [Coleoptera: Buprestidae]) in any stage of development;
5. (5) “Infestation” means the presence of emerald ash borer or the existence of circumstances that make it reasonable to believe that emerald ash borer is present;
6. (6) “Inspector” means any authorized employee of the State Plant Board or any other person authorized by the board to enforce the provisions of this part;
7. (7) “Limited permit” means a document issued or authorized by the State Plant 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;

8. (8) “Moved (movement, move)” means:

   1. (A) Shipped;
   2. (B) Offered for shipment;
   3. (C) Received for transportation;
   4. (D) Transported;
   5. (E) Carried; or
   6. (F) Allowed to be:

(i) Moved;

1. (ii) Shipped;

   1. (iii) Transported; or

      1. (iv) Carried;

2. (9) “Person” means any:

   1. (A) Association;
   2. (B) Company;
   3. (C) Corporation;
   4. (D) Firm;
   5. (E) Individual;
   6. (F) Joint stock company;
   7. (G) Partnership;
   8. (H) Society; or
   9. (I) Other legal entity;
3. (10) “Quarantined area” means an area that has been placed under quarantine, as determined by the State Plant Board; and

4. (11) “Regulated article” means an article capable of harboring or carrying emerald ash borer, as determined herein.

   1. (d) Regulated articles. The following are regulated articles:
5. (1) Emerald ash borer;
6. (2) Firewood of all hardwood (nonconiferous) species;
7. (3) Nursery stock, green lumber, and other material living, dead, cut, or fallen, including logs, stumps, roots, branches, mulch, and composted and uncomposted chips of the genus Fraxinus; and
8. (4) Any other article, product, or means of conveyance not listed in subdivisions (d)(1) – (4) of this section may be designated as a regulated article if the board determines that it presents a risk of spreading emerald ash borer and notifies the person in possession of the article, product, or means of conveyance that it is subject to this part.

(e) Quarantined areas. Quarantine areas include:

1. (1) The following counties in Arkansas are designated as quarantined areas:

   1. (A) Ashley;
   2. (B) Bradley;
   3. (C) Calhoun;
   4. (D) Clark;
   5. (E) Cleveland;
   6. (F) Columbia;
   7. (G) Dallas;
   8. (H) Drew;
   9. (I) Garland;
   10. (J) Grant;
   11. (K) Hempstead;
   12. (L) Hot Springs;
   13. (M) Howard;
   14. (N) Jefferson;
   15. (O) Lafayette;
   16. (P) Lincoln;
   17. (Q) Little River;
   18. (R) Miller;
   19. (S) Montgomery;
   20. (T) Nevada;
   21. (U) Ouachita;
   22. (V) Pike;
   23. (W) Saline;
   24. (X) Sevier; and
   25. (Y) Union; and

2. (2) Other counties:

   1. (A) Where the emerald ash borer is found to be present by the board; or
   2. (B) Determined by the board to be at high risk for the emerald ash borer.

(f) Conditions governing the movement of regulation articles from quarantined areas. Regulated articles may be moved from a quarantined area only if:

1. (1) Moved:

   1. (A) With a certificate or limited permit issued and attached; or
   2. (B) Without a certificate or limited permit; and

2. (2) The regulated article:

   1. (A) Is moved by the United States Department of Agriculture for experimental or scientific purposes; or

   2. (B) Originates outside the quarantined area and is moved through the quarantined area under the following conditions:

      1. (i) The points of origin and destination are indicated on a document accompanying the regulated article;
      2. (ii) The regulated article, if moved through the quarantined area during the period of March 1 through October 31 is moved in an enclosed vehicle or is completely covered to prevent access by emerald ash borer;
      3. (iii) The regulated article is moved directly through the quarantined area without stopping (except for refueling or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or handled at locations approved by the board as not posing a risk of infestation by emerald ash border; and
      4. (iv) The article has not been combined or commingled with other articles so as to lose its individual identity.

(g) Issuance and cancellation of certificates.

1. (1) The board, or a person operating under a compliance agreement, may issue a certificate for the movement of a regulated article if he or she determines that the regulated article:

   1. (A) Is apparently free of emerald ash borer, based on inspection;
   2. (B) Has been grown, produced, manufactured, stored, or handled in a manner that, in the judgment of the board and based on an inspection, prevents the regulated article from presenting a risk of spreading emerald ash borer;
   3. (C) Is to be moved in compliance with any additional emergency conditions that the board may impose in order to prevent the artificial spread of emerald ash borer; and
   4. (D) Is eligible for unrestricted movement under all other federal domestic plant quarantines and rules applicable to the regulated articles.

2. (2) The board, or a person operating under a compliance agreement, may issue a limited permit for the movement of a regulated article not eligible for a certificate if he or she determines that the regulated article:

   1. (A) Is to be moved to a specified destination for specific processing, handling, or use (the destination and other conditions to be listed on the limited permit), and this movement will not result in the spread of emerald ash borer because the pest will be destroyed by the specific processing, handling, or use;
   2. (B) Is to be moved in compliance with any additional emergency conditions that the board may impose in order to prevent the spread of emerald ash borer; and
   3. (C) Is eligible for unrestricted movement under all other federal domestic plant quarantines and rules applicable to the regulated article.

3. (3)

   1. (A) The board may issue blank certificates and limited permits to a person operating under a compliance agreement or may authorize the reproduction of blank certificates and limited permits for use on shipping containers.
   2. (B) These certificates and limited permits may then be completed and used for the movement of regulated articles as needed, provided such articles meet all of the requirements of subdivision (g)(1) or (g)(2) of this section.

4. (4)

   1. (A) Any certificate or limited permit may be canceled orally or in writing by the board whenever it is determined that the holder of the certificate or limited permit has not complied with this part.
   2. (B) If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit.

(h) Compliance agreements and cancellation.

1. (1)

   1. (A) Persons engaged in growing, handling, or moving regulated articles may enter into a compliance agreement if such persons review with the board each provision of the compliance agreement.
   2. (B) Any person who enters into a compliance agreement with the board must agree to comply with the provisions of this part.

2. (2)

   1. (A) Any compliance agreement may be canceled orally or in writing by the board whenever it is determined that the person who has entered into the compliance agreement has not complied with this chapter or any conditions imposed under this part.

   2. (B) If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit.

      1. (i) Assembly and inspections of regulated articles.
3. (1) Persons requiring certification or other services shall request the services from the board at least forty-eight (48) hours before the regulated article is to be moved.
4. (2) The regulated articles must be assembled at the place and in the manner that the board designates as necessary to comply with this part.

(j) Attachment and disposition of certificates and limited permits.

1. (1) A regulated article must be plainly marked with the name and address of the consignor and the name and address of the consignee and must have the certificate or limited permit issued for the movement of a regulated article securely attached at all times during movement to:

   1. (A) The regulated article;
   2. (B) The container carrying the regulated article; or
   3. (C) The consignee's copy of the accompanying document, provided that the description of the regulated article on the certificate or limited permit, and on the document, are sufficient to identify the regulated article.
2. (2) The carrier must furnish the certificate or limited permit authorizing movement of a regulated article to the consignee at the destination of the shipment.