1. (a) Pest. Karnal bunt disease (Tilletia indica).
2. (b) Quarantine Area. The area under quarantine for Karnal bunt disease is: [Reserved]

3. (c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of the disease:

   1. (1) Conveyances, including trucks, railroad cars, and other containers used to move wheat, durum wheat, or triticale;
   2. (2) Grain elevators/equipment/structures used for storing and handling wheat, durum wheat, and triticale;
   3. (3) Milling products or byproducts, except flour;
   4. (4) Plants, or plant parts, including grain, seed, or straw of all varieties of the following species: wheat (Triticum aestivum); durum wheat (Triticum durum); and triticale (Triticum aestivum x Secale cereale);
   5. (5) Root crops with soil;
   6. (6) Soil from areas where field crops are produced;
   7. (7) Manure from animals that have fed on wheat, durum wheat, or triticale;
   8. (8) Used bags, sacks and containers;
   9. (9) Used farm tools;
   10. (10) Used mechanized cultivating equipment;
   11. (11) Used mechanized harvesting equipment;
   12. (12) Used seed conditioning equipment;
   13. (13) Used mechanized soil-moving equipment;
   14. (14) Any other product, article or means of conveyance when it is determined by the secretary that it presents a risk of spreading Karnal bunt disease due to its proximity to an infestation of Karnal bunt disease and the person in possession has been so notified.

4. (d) Restrictions.

   1. (1) Articles and commodities covered in subsection (c) are prohibited movement within or from portions (b)(1) and (b)(2) of the quarantine area from infested properties or if exposed to infestation by the disease except as provided in (A), (B) or (C) below:

      1. (A) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been:

         1. 1. treated and inspected in a manner approved by the department;
         2. 2. grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of Karnal bunt disease;
         3. 3. tested and found free from Karnal bunt disease.
      2. (B) If accompanied by a permit issued by an authorized agricultural official specifying the article or commodity covered; the destination; the handling, utilization, or processing which is authorized; and the conditions under which this shall be conducted.
      3. (C) If the article or commodity is being moved from outside the quarantine area and is being moved through the quarantine area by direct route and without delay.

   2. (2) Seed, as specified in (c)(4), is prohibited movement from all portions of the quarantine area except as provided in (A), (B) or (C) below:

      1. (A) If accompanied by a certificate issued by an authorized agricultural official affirming that the seed has been:

         1. 1. treated and inspected in a manner approved by the department;
         2. 2. grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of Karnal bunt disease;
         3. 3. tested in a manner approved by the department and found free from Karnal bunt disease.
      2. (B) If accompanied by a permit issued by an authorized agricultural official specifying the commodity covered; the destination; the handling, utilization, processing which is authorized; and the conditions under which this shall be conducted.
      3. (C) If the seed is being moved from outside the quarantine area and is being moved through the quarantine area by direct route and without delay.

A quarantine is established against the following pest, its hosts, and possible carriers.

Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.

History

1. New section filed 4-5-96 as an emergency; operative 4-5-96 (Register 96, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-5-96 or emergency language will be repealed by operation of law on the following day.

2. New subsection (b)(2) filed 4-10-96 as an emergency; operative 4-10-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-10-96 order transmitted to OAL 8-8-96 and filed 9-4-96 (Register 96, No. 36).

4. Editorial correction of subsections (a) and (c)(4) and History 1 (Register 96, No. 38).

5. Certificate of Compliance as to 4-5-96 order transmitted to OAL 8-5-96 and filed 9-16-96 (Register 96, No. 38).

6. Amendment of subsections (b)(1) and (b)(2), new subsection (b)(3), amendment of subsections (d)(1) and (d)(1)(A)1., and new subsections (d)(2)-(d)(2)(C) filed 5-1-97 as an emergency; operative 5-1-97 (Register 97, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-97 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 5-1-97 order transmitted to OAL 8-7-97 and filed 9-9-97 (Register 97, No. 37).

8. Repealer of subsection (b)(3) filed 7-2-2001 as an emergency; operative 7-2-2001 (Register 2001, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-30-2001 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 7-2-2001 order transmitted to OAL 10-30-2001 and filed 11-28-2001 (Register 2001, No. 48).

10. Amendment of subsection (b)(1) and repealer of subsection (b)(2) filed 2-17-2004 as an emergency; operative 2-17-2004 (Register 2004, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-16-2004 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 2-17-2004 order transmitted to OAL 5-21-2004 and filed 7-6-2004 (Register 2004, No. 28).

12. Amendment of subsection (b)(1) filed 9-22-2004 as an emergency; operative 9-22-2004 (Register 2004, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-20-2005 or emergency language will be repealed by operation of law on the following day.

13. Amendment of subsection (b)(1) filed 2-2-2005 as an emergency; operative 2-2-2005 (Register 2005, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-2005 or emergency language will be repealed by operation of law on the following day.

14. Certificate of Compliance as to 9-22-2004 order transmitted to OAL 1-13-2005 and filed 2-28-2005 (Register 2005, No. 9).

15. Certificate of Compliance as to 2-2-2005 order transmitted to OAL 5-16-2005 and filed 6-22-2005 (Register 2005, No. 25).

16. Amendment of subsection (b)(1) filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).

17. Repealer of subsection (b)(1) filed 2-15-2011; operative 3-17-2011 (Register 2011, No. 7).