PURPOSE: To prevent the spread of a serious insect pest, known as the Japanese beetle, within this state and to other uninfested states and to establish those areas which are to be regulated.

1. (1) It has been determined that a dangerous insect pest known as the Japanese beetle, Popillia japonica, Newman, not now known to be generally distributed in this state, is present in parts of the city of St. Louis and St. Louis county, hereafter designated as the infested areas, and that its introduction into the remainder of Missouri would result in serious loss and damage to the agriculture resources and to the general welfare of the state. Under the authority of section 263.140, RSMo (1986) of the Missouri Plant Law, I, Lester H. Barrows, state entomologist, do establish a quarantine to provide for the suppression of these infestations and to prevent the spread of this pest into uninfested parts of the state, and now set forth the name of the pest against which the quarantine is established, the infested areas, the articles regulated, the rules governing movement of regulated articles, the rules governing issuance of permits, the rules governing suppression activities and the penalty.

2. (2) The following definitions shall apply to this quarantine:

   1. (A) A certificate is a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination;
   2. (B) A compliance agreement is a written agreement between an individual or concern engaged in growing, dealing in or moving regulated articles and the Missouri Department of Agriculture where the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the Japanese beetle;
   3. (C) Infestation shall mean the presence of the Japanese beetle or the existence of circumstances that make it reasonable to believe that the Japanese beetle is present;
   4. (D) An inspector is any authorized employee of the Missouri Department of Agriculture or any other person authorized by the director to enforce the provisions of the quarantine and its rules;
   5. (E) Mechanized soil-moving equipment is any mechanized equipment used to move or transport soil, such as draglines, bulldozers, road scrapers and dump trucks;
   6. (F) A permit is a document issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination for particular handling, utilization, processing or for treatment;
   7. (G) Pest as used in this quarantine shall mean any stage of development of the insect known as the Japanese beetle, Popilla japonica, Newman;
   8. (H) Soil shall be considered as that part of the upper layer of earth in which plants grow; and
   9. (I) Suppressive area is that part of a regulated area in which suppressive measures may be cooperatively carried out with the objective of eradicating or mitigating infestations.

3. (3) The following is a list of articles, the movement of which is regulated:

   1. (A) The Japanese beetle, Popillia japonica, Newman, in any stage of development;
   2. (B) Soil, except for samples of one (1) pound or less packaged so no spillage will occur in transit and when consigned to laboratories operating under compliance agreement; or samples of any size collected and shipped to any U.S. Army Corps of Engineers laboratory;
   3. (C) Compost, decomposed manure, humus and peat, separately or with other things; except when dehydrated, ground, pulverized or compressed;
   4. (D) Plants with roots, except soil-free aquatic plants, moss and lycopodium spp., (clubmoss, ground pine or running pine);
   5. (E) Grass sod;
   6. (F) Plant crowns and roots for propagation; 2 CSR 70-11
   7. (G) True bulbs, corms, rhizomes, and tubers of ornamental plants when freshly harvested or uncured and not free from soil, and dahlia clumps;
   8. (H) Used mechanized soil-moving equipment, unless cleaned of soil and repainted; and
   9. (I) Any other articles or means of conveyance, of any character not covered by this section, when it is determined by an inspector that they present a hazard of spread of the Japanese beetle, and the person in possession of these articles has been so notified.

4. (4) The following subsections shall govern the movement of regulated articles. Requirements under other applicable state and federal quarantines must also be met:

   1. (A) A certificate or permit must accompany the movement of regulated articles from any regulated area into or through any point outside. Regulated articles originating outside of a regulated area may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles; provided, in the case of articles moved through a regulated area, the regulated articles are protected from infestation, while within regulated areas, to the satisfaction of an inspector;
   2. (B) When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved, except that, where the certificate or permit is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required;
   3. (C) Certificates may be issued by an inspector if the regulated articles have met the following conditions: they originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; upon examination, have been found to be free of infestation; have been treated to destroy infestation in accordance with approved procedures; have been grown, produced, manufactured, stored or handled in such manner that no infestation would be transmitted; and
   4. (D) Permits may be issued by an inspector to allow the movement of noncertified regulated articles to locations outside of the regulated areas for particular handling, utilization, processing or for treatment in accordance with approved procedures, provided the inspector has determined that such movement will not result in the spread of the Japanese beetle.
5. (5) The state entomologist or duly authorized representatives are authorized to apply such treatments to the plants or soil within the infested areas and to set such beetle traps either inside or outside the infested areas as may, in his/her judgment, be necessary for the suppression of the Japanese beetle or for the determination of its distribution.
6. (6) There are no restrictions imposed on the movement of regulated articles within regulated areas unless the articles originate on infested properties and an inspector has determined that a hazard of spread exists and the property owner has been so notified. A property owner so notified may move the specified regulated articles within the regulated area only under conditions approved by an inspector.
7. (7) The disposition of certificates and permits shall be handled in the following manner: in all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.
8. (8) Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions; provided, a permit is securely attached to the container of such articles or to the article itself.
9. (9) As a condition of issuance of certificates or 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 s/he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector.
10. (10) Regulated products transported in violation of this quarantine must be treated or destroyed or returned to the point of origin at the discretion of the state entomologist. Common carriers or other carriers, persons, firms or corporations, who shall transport or move regulated products in violation of this quarantine and these rules shall be subject to the penalties named in section 263.180, RSMo (1986).

11. (11) Regulated areas for the Japanese beetle, Popillia japonica, Newman, are listed in the following two (2) subsections:

    1. (A) That part of the city of St. Louis bounded on the east by the Mississippi River and on the north, west and south, by a line beginning at the Mississippi River and proceeding southwest to the end of Humboldt Avenue, thence southwest along Humboldt Avenue to its intersection with Broadway, thence southwest in a straight line across Bellefontaine cemetery to the intersection of West Florissant Avenue and Kingshighway Memorial Boulevard; thence south, southwest along Kingshighway Memorial Boulevard to its intersection with Shaw Boulevard; thence easterly along Shaw Boulevard to its intersection with Grand Boulevard; thence southerly along Grand Boulevard to its intersection with Russell Boulevard; thence easterly along Russell Boulevard to its intersection with Russell Avenue; thence easterly along Russell Avenue to the end of Russell Avenue at intersection with 2nd Street; thence continuing in a straight line easterly direction from the end of Russell Avenue to the Mississippi River. That part of the city of St. Louis bounded by a line beginning at the intersection of Utah Street and Gustine and proceeding southerly along Gustine to its intersection with Taft Street, thence westerly along Taft Street to its intersection with Gravois Avenue, thence southerly along Gravois Avenue to its intersection with Neosho, thence westerly along Neosho to its intersection with Ridgeway, thence northerly along Ridgeway to its intersection with Chippewa, thence West on Chippewa to its intersection with Kingshighway Memorial Boulevard, thence north along Kingshighway Memorial Boulevard to its intersection with Fyler, thence east along Fyler to its intersection with Morganford, thence north on Morganford to its intersection with Utah Street, thence east on Utah Street to the point of beginning at Utah Street and Gustine. That part of the city of St. Louis bounded by a line beginning at the city limits on Southwest Avenue, and proceeding in an easterly direction along Southwest Avenue, to its intersection with Watson Road; thence southwesterly along Watson Road to its intersection with Pernod Avenue; thence westerly along Pernod Avenue to its western end and continuing in a straight line westerly direction from that end of Pernod Avenue to the point where Deer Creek intersects the city limits;
    2. (B) That part of St. Louis County bounded by a line beginning at the St. Louis city limits on Southwest Avenue and proceeding westward along Southwest Avenue to its intersection with Manchester Road; thence west along Manchester Road to its intersection with Laclede Station Road; thence south along Laclede Station Road to Deer Creek; thence easterly along Deer Creek to its intersection with the St Louis city limits. That part of St. Louis County bounded by a line beginning at the point where the Chicago, Rock Island and Pacific Railroad crosses U.S. routes 40 and 61 and proceeding northeasterly along the Chicago, Rock Island and Pacific Railroad to its intersection with City Road; thence southeasterly along City Road to its intersection with Olive Boulevard; thence southwesterly along Olive Boulevard to its intersection with White Road; thence southeasterly along White Road to its intersection with Conway Road; thence westerly along Conway Road to its intersection with U.S. routes 40 and 61; thence northwesterly along U.S. routes 40 and 61 to the point of beginning; and
    3. (C) The entire area encompassed by Meramec State Park in Franklin County.

AUTHORITY: sections 263.040 and 263.050, RSMo 1986.* Original rule filed Sept. 10, 1959, effective Sept. 20, 1959. Amended: Filed April 21, 1970, effective May 1, 1970. Amended: Filed Oct. 26, 1972, effective Nov. 5, 1972. Amended: Filed Feb. 4, 1987, effective April 26, 1987.

*Original authority: 263.040, RSMo 1939, amended 1984; 263.050, RSMo 1939, amended 1984, 1993, 1995.