PURPOSE: This rule prevents the spread of a serious insect pest, known as the Pink Bollworm, Pectinophora gossypiella, to other uninfested areas of the State of Missouri, and other states, and to establish those articles and areas which are to be regulated. Pectinophora gossypiella (Saunders). Due to the establishment of a federal emergency quarantine, which places certain restrictions on the movement of cotton products, by-products, cotton cultivating and harvesting equipment and cotton transportation equipment from all cotton producing areas of this state, it is necessary that the state entomologist take action to insure that such products and equipment from Missouri may move in interstate commerce, through adoption of a parallel interior state quarantine.

Editor's Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) It has been determined that insects found in Dunklin County during late 1991, 1992 and Pemiscot, New Madrid, Dunklin and Stoddard Counties in 1993 are pink bollworms, Pectinophora gossypiella (Saunders). This insect has been determined to be a serious pest of cotton in Texas, Oklahoma, Arizona and California and is considered a threat to other cotton growing areas of the United States. Due to the establishment of a federal emergency quarantine, which requires certain restriction on the movement of cotton products, by-products, cotton cultivating and harvesting equipment and cotton transportation equipment from all cotton producing areas of this state, it is necessary that the state entomologist take action to insure that such products and equipment from Missouri may move in interstate commerce and to prevent the entrance into Missouri of infested regulated articles. Therefore, the state entomologist does hereby establish a quarantine to provide for the suppression of these infestations and to prevent the spread of this pest into uninfested areas of the United States and sets forth the name of the pest against which this 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. Terms used in the singular form in this rule shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this rule, shall be construed, respectively, to mean:

   1. (A) Certificate—a document issued or authorized to be issued under this quarantine by an inspector to allow the intrastate and interstate movement of regulated articles to any destination;
   2. (B) Compliance agreement—a written agreement between a person engaged in growing, handling, or moving regulated articles, and the Missouri Department of Agriculture and/or the United States Department of Agriculture, wherein the former agrees to comply with the requirements of this rule identified in the agreement by the inspector who executes the agreement on behalf of the Missouri Department of Agriculture and/or the United States Department of Agriculture as applicable to the operations of such person;
   3. (C) Director—the director of the Missouri Department of Agriculture;
   4. (D) Generally infested area—any part of a regulated area not designated as a suppressive area in accordance with 7 CFR 301.52-2a and subsection (14)(A);
   5. (E) Infestation (Infested area)—the presence of the pink bollworm or the existence of circumstances that make it reasonable to believe that pink bollworm is present. Infested area shall be construed accordingly;
   6. (F) Inspector—any employee of the Missouri Department of Agriculture and/or United States Department of Agriculture, or other person authorized by the director to enforce the provisions of this quarantine;
   7. (G) Interstate—from any state, territory, or district of the United States into or through any other state, territory, or district of the United States (including Puerto Rico);
   8. (H) Intrastate—within the state of Missouri;
   9. (I) Limited permit—a document issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination for limited handling, utilization, or processing or for treatment;
   10. (J) Moved (movement, move)—shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. Movement and move shall be construed accordingly;
   11. (K) Person—any individual, corporation, company, society, or association, or other organized group of any of the foregoing;
   12. (L) Pink bollworm—the live insect known as the pink bollworm of cotton, Pectinophora gossypiella (Saunders), in any stage of development;
   13. (M) Regulated area—any quarantined state, territory, or district, or any portion thereof, listed as a regulated area in 7 CFR 301.52-2a and subsection (14)(A);
   14. (N) Regulated articles—any articles described in subsection (3)(A)—(J);
   15. (O) Restricted destination permit—a document issued or authorized to be issued by an inspector to allow the movement of regulated articles not certified under all applicable federal domestic plant quarantines to a specified destination for other than scientific purposes;
   16. (P) Scientific permit—a document issued by the director to allow the movement to a specified destination of regulated articles for scientific purposes; and
   17. (Q) Suppressive area, that part of a regulated area where eradication of infestation is undertaken as an objective as designated under 7 CFR 301.52-2a and subsection (14)(A). 2 CSR 70-11

3. (3) The following is a list of regulated articles. No common carrier or other person shall move intrastate from any quarantined area within this state, any regulated article, except in accordance with this quarantine. The following are regulated articles:

   1. (A) Cotton and wild cotton, including all parts of these plants;
   2. (B) Seed cotton;
   3. (C) Cottonseed;
   4. (D) American-Egyptian (long-staple) varieties of cotton lint, linters, and lint cleaner waste; except when compressed to a density of at least twenty-two (22) pounds per cubic foot;
   5. (E) Cotton waste produced at cotton gins and cottonseed oil mills;
   6. (F) Cotton gin trash;
   7. (G) Used bagging and other used wrappers for cotton;
   8. (H) Used cotton harvesting equipment and used cotton ginning and used cotton oil mill equipment;
   9. (I) Okra, including all parts of these plants; and
   10. (J) Any other product, article, or means of conveyance not covered by subsections (3) (A)–(J), when an inspector determines that it presents a risk of spread of the pink bollworm and the person in possession of the product, article, or means of conveyance has actual notice that it is subject to the restrictions of this section.

4. (4) The following subsections shall govern the movement of regulated articles. Requirements under other applicable state quarantines and Federal Quarantine Number 52 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 regulated article or 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 articles or 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
5. (D) Limited 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 pink bollworm.
6. (5) The state entomologist or duly authorized representatives are authorized to apply such treatments or supervise the application of such treatments to the regulated articles within the infested areas and to set such insect traps either inside or outside the infested areas as may, in his/her judgment, be necessary for the suppression of the pink bollworm or for the determination of its distribution.
7. (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.
8. (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.
9. (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.
10. (9) As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in the sale, purchasing, assembling, exchanging, handling, processing, utilizing, treating or movement of such articles may enter into a compliance agreement to facilitate the movement of such articles under this quarantine. The agreement will stipulate that s/he will maintain such safeguards against the establishment and spread of infestation and comply with all conditions listed 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.
11. (10) All cotton fields within the regulated area must be treated in such a manner that will bury or destroy all cotton bolls and locks as soon as possible after harvesting, but no later than April 15 of each year. All cottonseed, seed cotton, storage areas, including handling and harvesting equipment, gins and any other regulated article within the regulated area shall be treated prior to April 15 of each year, in a manner directed by the state entomologist, that will render all life stages of the pink bollworm nonviable.
12. (11) Regulated articles transported in violation of this quarantine may be required to 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 articles in violation of this quarantine shall be subject to the penalties named in section 263.180, RSMo.
13. (12) Regulated articles transported into Missouri in violation of the United States Department of Agriculture Quarantine Number 52 is also a violation of this quarantine. Common carriers or other carriers, persons, firms or corporations, who shall transport or move regulated articles in violation of Federal Quarantine Number 52 shall be subject to the penalties named in section 263.180, RSMo.
14. (13) The Missouri Department of Agriculture disclaims liability for any costs incident to inspection, treatment or compliance required under this quarantine, other than for the services of the inspection.

15. (14) Regulated areas for the pink bollworm, Pectinophora gossypiella (Saunders), are listed in the following subsections. All areas are classified as suppressive areas as defined in 2 CSR 70-11.030(2)(Q):

    1. (A) That portion of Dunklin County bounded on the north, east, south and west, by a line beginning at the St. Francis River and proceeding due east to its intersection with County Road 428 and State Highway 25, thence south to its intersection with State Highway 84, thence east to State Highway Z, thence south to its intersection with County Road 555, thence south to its intersection with County Road 522, thence west to its intersection with State Highway Y, thence north to its intersection with State Highway 25 and State Highway O, thence north to its intersection with State Highway 84, thence west to its intersection with County Road 401, thence due north to the St. Francis River;
    2. (B) That portion of New Madrid County bounded on the east, north, west and south, by a line beginning at the Mississippi River, thence north approximately one (1) mile to its intersection with U.S. Highway 61 (Loop 55) and Spur 61, thence northeast to its intersection with State Highway U, thence northwest to its intersection with U.S. I-55, thence northwest on U.S. Highway 62 approximately one (1) mile to its intersection with County Road 634 (Ristine), thence west to its intersection with County Road 641, thence south to its intersection with State Road U, thence west to its intersection with State Highway D, thence west approximately one and one-half (1 1/2) miles to the Little River, thence south southwest along the Little River to its intersection with County Road 314, thence south to its intersection with State Highway ZZ, thence west to the Little River, thence south southwest along the Little River to its intersection with State Highway 162, thence west to its intersection with County Road 357, thence south to the Pemiscot County line, thence east along the New Madrid/Pemiscot County line to the Mississippi River; and
    3. (C) The entire area of Pemiscot County.

AUTHORITY: sections 263.040, RSMo 1986 and 263.050, RSMo Supp. 1993.* Original rule filed Dec. 10, 1974, effective Dec. 20, 1974, Rescinded: Filed Jan. 28, 1977, effective May 15, 1977. Emergency rule filed Feb. 25, 1994, effective March 7, 1994, expired July 4, 1994. Readopted: Filed May 3, 1994, effective Sept. 30, 1994. *Original authority: 263.040, RSMo 1939, amended 1984; and 263.050, RSMo 1939, amended 1984, 1993.