South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 31, Issue 9, effective September 28, 2007.
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A. "Area" means apiary, beeyard, colony, organized or otherwise, or any other place where bees are found to colonize.
B. "Commission" means S. C. State Crop Pest Commission, as designated by the Board of Trustees of Clemson University or any other officers, employees, or designees thereof to whom authority has been given by such commission.
C. "Director" means Director of Regulatory and Public Service Programs, Clemson University.
D. "Disease" means any contagious and infectious disease, including but not limited to American Foulbrood, European Foulbrood, Isle of Wight disease, and/or any pests and parasites including, but not limited to Varroa mite, Tracheal mite, Africanized bee, etc.
E. "Division" means Division of Regulatory and Public Service Programs, Clemson University, and any other of its employees, agents and officials.
F. "Fixtures" means all new/used equipment, products, or by-products used in beekeeping including, but not limited to, honey, hives, combs, supers, frames, etc. and other appliances.
27-2. Quarantine Imposed on Areas Where Disease Exists.
A. A quarantine is hereby placed by the Commission on all areas where disease of bees is known to exist. Also, hereafter such a quarantine shall become effective in all areas where any disease is discovered.
B. The removal of any and all bees and fixtures from such quarantined areas is hereby prohibited until such time as the Commission declares that the disease is eradicated. Provided that the Commission may issue permits for the movement of bees and/or fixtures, before such a declaration, when in the judgment of Commission, such movements will decrease the danger that other bees and fixtures will become diseased, or which will in other ways result in increased protection of the beekeeping interests of the State.
C. The movement of bees and fixtures from areas under quarantine is prohibited, even when permitted as above, until such bees and fixtures are first treated in a manner prescribed and approved by the Commission.
27-3. Prohibition Against Exposure of Bees and Fixtures to Infected Areas.
The exposure of diseased and/or quarantined bees or fixtures to any other bees and fixtures, diseased or not, is prohibited.
27-4. Restrictions on Transactions Involving Queen Bees and Attendants.
The sale, bartering or shipment of queen bees and their attendant bees within this State is prohibited, except when accompanied by a current certificate or copy thereof from the Commission, issued within 60 days of shipment certifying that the bees and the area from which such queen bees are shipped are free from disease, and that the honey used in making the candy employed in the mailing cages, has been diluted and properly boiled in tightly closed vessels.
27-5. Restrictions on Shipments of Honey from Apiary Infected with American Foulbrood.
A. The shipment, transportation or movement of honey from an area infected with American Foulbrood or which is under quarantine for this disease, except when such honey is contained in new tin honey cans, free from leaks and free from all traces of honey on the outside and securely crated, is hereby forbidden. All such shipments must be accompanied by a certificate stating that the honey originated in an area infected with American Foulbrood, and that it cannot be sold or used for feeding bees within the State of South Carolina.
B. The gift, sale or offer for sale within the State of South Carolina of honey products in any area which is infected with American Foulbrood or which is under quarantine by the South Carolina State Crop Pest Commission for sale is hereby prohibited.
C. This regulation does not dilute or change the effect of Section 27-2 Quarantines for any fixtures except "honey". This regulation controls for the purpose of shipping honey when infected by American Foulbrood or which comes from an area quarantined for same.
Any area in the State in which bees are found to be infected with any disease is declared to be the center of an infected and dangerous zone. Such zone shall extend for two miles in every direction from the center, and all bees and fixtures within this zone are declared to be exposed to the disease. The movement of bees into or within such zone and the removal therefrom of bees and fixtures, is prohibited except as authorized by the Commission or unless a current certificate (60 days), issued by the Commission, indicates they are apparently free from disease. Primitive box or other types of hives which do not allow the ready removal of all frames and combs for the purpose of inspection are prohibited within these zones.
27-7. Application for Inspection for Permit to Transport.
All persons, firms or corporations desiring to have their bees or fixtures inspected in order to obtain transportation permits shall make application, whenever possible, before April 1 of each year.
27-8. Issuance of Permit to Locate Bees and Fixtures.
Entry Permits required by 46-37-10 will be issued when the following conditions are met.
A. The State Entomologist receives a certificate from the official apiary inspector of the state of origin certifying:
(1) that the apiaries of the shipper have been inspected within 60 days of the date of shipment; and
(2) that no American or European Foulbrood or other diseases have been found in the apiaries of the supplier; and
(3) that the Varroa mite (Varroa jacobsoni), tracheal mite Africanized bee or any other parasites of bees deemed harmful by the State Entomologist do not exist on such shipment.
B. A satisfactory description of the final destination and location of bees and fixtures is furnished by the supplier so that the State Entomologist or any of his agents can easily locate them.
C. Entry Permits will not be granted for movement of bees or fixtures into South Carolina from any state which refuses entrance of bees or fixtures from the State of South Carolina.
When the South Carolina State Crop Pest Commission shall determine that there are five-leafed pines now growing in any area in the State, or that such pines are to be grown by a nursery or are to be planted for reforestation purposes in such area, and further that such pines should be protected against the white pine blister rust, the South Carolina State Crop Pest Commission is authorized to designate such area as a "Blister Rust-Control Area" and then prescribe its boundaries.
(1) All wild and cultivated currant and gooseberry plants growing in any Blister Rust-Control Area are hereby declared to constitute a public nuisance, and the South Carolina State Crop Pest Commission or its agents are authorized to destroy such plants wherever found.
(2) In the case of cultivated currant and gooseberry plants (other than those growing on apparently abandoned or unoccupied premises) the owner of the plants shall be notified by an agent of the South Carolina State Crop Pest Commission at least ten days in advance of the date on which such plants are to be destroyed, and the owner shall have the right of appeal from the agent direct to the South Carolina State Crop Pest Commission.
(3) No person, firm, or corporation shall knowingly plant any currant or gooseberry plants of any kind or variety within any such Blister Rust Control Area unless a special permit shall have been issued therefor by the South Carolina State Crop Pest Commission nor shall any person, firm or corporation transport such plants into such area from any other part of the State without such a special permit.
In order to suppress any centers of blister-rust infection, the South Carolina State Crop Pest Commission or its agents are authorized to destroy five-leafed pine trees either (a) when the trees are found infected with blister rust, or (b) when the cultivated currant and gooseberry plants in the vicinity are of more value than the five-leafed pines, or (c) when the cost of removal of the wild and cultivated currant and gooseberry plants within an infective distance thereof would be greater than the value of the white pine trees involved.
White pines that meet the requirements of nursery inspection regulations and show no visible sign of blister-rust infection are allowed free movement.
27-14. Pines or Currant or Gooseberry Plants Subject to Seizure.
Any pines or currant or gooseberry plants found to be moving or to have moved within this State in violation of these regulations or into this State in violation of regulations issued by the Secretary of Agriculture of the United States Department of Agriculture under the authority of the plant quarantine act of 1912, shall be subject to seizure, destruction or such other disposition as shall be determined by the South Carolina State Crop Pest Commission.
Any person, firm or corporation found guilty of violating the provisions of this quarantine shall be deemed guilty of a misdemeanor and upon conviction shall be punished by law as provided by the Crop Pest Commission Act of 1912.
ARTICLE 3.
TOMATO PLANTS--SHIPMENT CONTROL
27-20. [Inspection and Approval of Tomato Transplants.]
All tomato transplants moved into South Carolina must be inspected periodically and approved as being reasonably free from injurious insects, nematodes, and plant diseases, except that no tolerance shall be allowed for late blight (Phytopthora infestans). Other diseases may be placed into the zero tolerance category by supplemental regulations at a later date and will be so indicated by a supplemental list. The final inspection shall be made not more than three (3) days prior to pulling.
27-21. [Inspection Certificate for Imported Tomato Plants.]
All tomato plants shipped into South Carolina must have attached to each container a valid inspection certificate issued by the state of origin. Each load must have a master certificate giving the total number of containers, the point of origin, consignor and consignee.
27-22. [Spraying or Dusting with Approved Fungicide.]
Certified tomato plants must be sprayed or dusted with an approved fungicide starting when the first true leaves appear, and from 5 to 7 days thereafter and a pre-pulling application made from 2 to 3 days prior to pulling.
Any person or firm who shall violate these regulations shall be deemed guilty of a misdemeanor and upon conviction will be punished by law as provided by the Crop Pest Commission Act of 1912.
ARTICLE 4.
TOBACCO PLANTS--SHIPMENT CONTROL
(Statutory Authority: 1976 Code Sections 46-9-40, 46-9-50 and 46-9-60)
The following definitions will apply to this Section and shall be construed respectively to mean:
(1) Commission: The State Crop Pest Commission;
(2) Department: The Department of Plant Industry (DPI);
(3) Director: The Director, Regulatory and Public Service Programs, Clemson University;
(4) Infestation or Infected Plant: The presence of any plant pest which is regarded as injurious;
(5) Certifying Agency: An officially recognized inspecting or certifying agency whose standards have been determined by the Director to conform to the standards contained in this Section;
(6) Certified Tobacco Plants for Transplanting: Plants which have been tagged or labeled so as to indicate that such plants have been grown under the certification procedures of the certifying agency;
(7) Certificate of Inspection: An official tag or label of the officially recognized or certifying agency indicating that the plants have been inspected by an authorized agent of such agency and found to conform to the appropriate standards as established by law and these regulations;
(8) Standards: As applied to tobacco plants, standards shall include freedom from injurious insects, diseases, nematodes, and other pests or the damage caused by same;
(9) Scientific Permit: A document issued by the Director, or his designee, to allow the movement of tobacco plants, not otherwise eligible for entry, for experimental or scientific purposes;
(10) Inspector: Any authorized employee or agent of the State Crop Pest Commission or any other person authorized by the Director to enforce the provisions of these regulations.
B. Unlawful Use or Distribution of Plants
(1) No person, firm, company, partnership or corporation shall pack, transport, sell or offer for sale, ship or bring into or plant in this state any tobacco plants produced out of state unless such plants are certified tobacco plants;
(2) Only certified tobacco plants shall be sold or offered for sale in South Carolina.
C. Infested Plants
Any tobacco plants in South Carolina, whether or not accompanied by a certificate of inspection, found infested with or damaged by injurious pests, are infested plants and are hereby declared a public nuisance and may be returned to the shipper, treated, destroyed or otherwise disposed of by the inspector.
Stop Sale or Use Notice
(1) Any inspector of the South Carolina Department of Plant Industry shall have the authority to issue a "Stop Sale, Seizure Order" when any tobacco plants are found to be or suspected to be infested or not grown and inspected as required by any provision of law or these regulations;
(2) It shall be unlawful for any person, after receipt of such "Stop Sale, Seizure Order", to remove such notice from plants or from any location to which attached; or to sell, give away, move, plant or exchange such plants until so authorized by an inspector.
D. Disposition of Plants in Violation
Plants on which a "Stop Sale, Seizure Order" has been issued shall be removed from any sales area as not to be exposed for sale. The inspector may, when it is deemed advisable, require plants in violation to be returned to shipper, treated, destroyed, or otherwise disposed of.
E. Standards
(1) All tobacco plants shall meet the requirements of all applicable state and federal plant pest quarantines;
(2) All certified tobacco plants distributed, shipped, and offered for sale in South Carolina shall meet the following requirements:
(a) the soil in the beds in which the plants are to be grown shall be fumigated under plastic cover with methyl bromide (minimum 60 percent in formulation at the rate indicated on the label for tobacco transplant beds);
(b) all out-of-state plants shall be field-inspected a maximum of five days prior to their being shipped to South Carolina; all in-state tobacco plants shall be field inspected a maximum of five days prior to being offered for sale;
(c) all plants shall be found apparently free from all injurious plant pests including but not limited to insects, diseases, and nematodes;
(d) special emphasis shall be made to ensure that the plants are apparently free of black shank, Granville wilt, Fusarium wilt, blue mold, virus diseases and root knot nematodes;
(e) to aid in ensuring apparent freedom from injurious plant pests, the grower shall make full use of all compatible and approved pest control practices during the growing of the transplants;
(f) plants must be field inspected by regulatory officials in the state of origin and approved and certified as being free from injurious pests;
(g) each container of plants must be marked with a certificate of inspection bearing a declaration of certification, variety, plants per bundle and plants per container;
(h) each load of certified plants shall be accompanied by a master permit showing: Consignee, Consignor, Date of Issuance, Place of Issuance, Number of Containers for which issued;
(i) all tobacco plants not bearing valid certificates of the state of origin are subject to confiscation.
F. Penalties
Any person or firm who shall violate these regulations shall be deemed guilty of a misdemeanor and upon conviction will be punished in accordance with Section 46-9-90, S. C. Code of Laws (1976) as amended.
27-31 to 27-33. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.
27-31 to 27-33. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.
ARTICLE 5.
WITCHWEED QUARANTINE
Statutory Authority: 1976 Code Chapter 9 of Title 46
A. "Certificate" means a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.
B. "Compliance agreement" means a written agreement between an individual or concern engaged in growing, dealing in, or moving regulated articles and the South Carolina Crop Pest Commission, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of witchweed.
C. "Exemptions" means conditions contained in a regulation supplemental hereto which provide for modifications in conditions of movement of regulated articles from regulated areas under specific conditions.
D. "Infestation" means the presence of the witchweed or the existence of circumstances that make it reasonable to believe that witchweed is present.
E. "Inspector" means any authorized employee of the South Carolina Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulations supplemental thereto.
F. "Mechanized cultivating equipment and mechanized soil-moving equipment" means mechanized equipment used for cultivating purposes--e.g., turning or disc plows, or to move or transport soil--e.g., draglines, bulldozers, road scrapers and dump trucks.
G. "Permit" means 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, or processing, or for treatment.
H. "Pest" means the parasitic plant known as Witchweed (Striga spp.) in any living stage.
I. "Regulated Articles" means those articles that require a certificate or permit year-round except as indicated.
J. "Regulated areas" means any civil division and parts of civil divisions in the State of South Carolina listed in a regulation supplemental hereto.
K. "Soil" means that part of the upper layer of earth in which plants can grow.
L. "Designated facility" means laboratories, gins, oil mills and processing plants as so specified by an inspector.
A. The witchweed (Striga spp.) in any living stage of development.
B. Soil, compost, decomposed manure, humus, muck and peat, separately or with other things; sand; and gravel.
Soil samples shipped to approved laboratories do not require attachment of certificate or permit. Designated facilities may be obtained from an inspector.
C. Plants with roots.
D. Grass sod.
E. Plant crowns and roots for propagation.
F. True bulbs, corms, rhizomes and tubers of ornamental plants.
G. Root crops, except those from which all soil has been removed.
H. Peanuts in shells and peanut shells, except boiled or roasted peanuts.
I. Small grains.
Small grains are exempt if harvested in bulk or into new or treated containers and if the grains and containers for the grains have not come in contact with the soil, or if they have been cleaned at a designated facility as specified by an inspector. Exempted only if not exposed to infestation after cleaning or other prescribed handling. Information as to designated laboratories, facilities, gins, oil mills, and processing plants may be obtained from an inspector.
J. Soybeans are exempt when determined by an inspector that the soybeans were grown, harvested and handled in a manner to prevent contamination from witchweed seed.
K. Hay, straw, fodder and plant litter of any kind.
L. Seed cotton and gin trash.
Seed cotton is exempt if moving to a designated gin. Information as to designated laboratories, facilities, gins, oil mills and processing plants may be obtained from an inspector.
M. Stumpwood.
N. Long green cucumbers, cantaloupes, peppers, squash, tomatoes and watermelons, except those from which all soil has been removed.
O. Pickling cucumbers, string beans and field peas are exempt if washed free of soil with running water. Exempt if not exposed to infestation after cleaning or other prescribed handling.
P. Cabbage, except firm heads with loose outer leaves removed.
Q. Leaf tobacco, except flue-cured leaf tobacco.
R. Ear corn, except shucked ear corn. Exempted only if not exposed to infestation after cleaning or other prescribed handling.
S. Used crates, boxes, burlap bags, cotton picking sacks and other used farm products containers.
T. Used farm tools.
Used farm tools are exempt if cleaned free of soil. Exempted only if not exposed to infestation after cleaning or other prescribed handling.
U. Used mechanized cultivating equipment and used harvesting equipment. Used mechanized cultivating equipment is exempt if cleaned free of soil. Exempted only if not exposed to infestation after cleaning or other prescribed handling.
V. Used mechanized soil-moving equipment. Used mechanized soil-moving equipment is exempt if cleaned free of soil. Exempted only if not exposed to infestation after cleaning or other prescribed handling.
W. Any other products, articles, or means of conveyance, of any character whatsoever, not covered by the above when it is determined by an inspector that they present a hazard of spread of witchweed and the person in possession thereof has been so notified.
27-42. Conditions Governing the Movement of Regulated Articles.
A. Certificate or permit required.
Unless exempted in a regulation supplemental hereto, a certificate or permit shall accompany the movement of regulated articles from any regulated area into or through any point outside thereof, except that, regulated articles originating outside of a regulated area moving through a regulated area to other nonregulated areas may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles and they are protected from infestation while within regulated areas, to the satisfaction of an inspector.
B. Attachment of certificates or permits.
When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate or permit is attached to the shipping document and the regulated articles are adequately described in the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.
C. Issuance of certificates.
Certificates may be issued by an inspector if the regulated articles:
(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; or
(2) Have been treated to destroy infestation in accordance with approved procedures; or
(3) Have been grown, manufactured, stored or handled in such manner that no infestation would be transmitted thereby.
D. Issuance of permits.
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 witchweed.
E. Requirements under other applicable quarantines must also be met.
Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a scientific permit is securely attached to the container of such articles or to the article itself.
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 shall be required to sign a compliance agreement stipulating that 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.
Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles are infested with the witchweed; and, such inspector is authorized to seize, treat, destroy or otherwise dispose of articles found to be moving in violation of these regulations.
The South Carolina Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of the quarantine, other than for the services of the South Carolina Crop Pest Commission.
Under provisions of the "Act" creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by law.
A. Soil samples of any size collected and shipped to any U. S. Army Corps of Engineers laboratory.
B. Small grains, if harvested in bulk (or into new or treated containers and if the grains and containers for the grains have not come in contact with the soil) or, if they have been cleaned at a designated facility.
C. Soybeans, when determined by an inspector that the soybeans were grown, harvested and handled in a manner to prevent contamination from witchweed seed.
D. Pickling cucumbers, string beans and field peas, if washed free of soil with running water.
E. Used farm tools, if cleaned free of soil.
F. Seed cotton, if moving to a designated gin.
G. Used mechanized cultivating and soil-moving equipment, if cleaned free of soil and not exposed to infestation after cleaning or other prescribed handling.
a. That area bounded by a line beginning at a point where U.S. Highway 9 intersects the Horry-Marion County line, then east along U.S. Highway 9 to Sate Secondary Highway 19, then southeast along State Secondary Highway 19 to Lake Swamp, then southwest along Lake Swamp to State Secondary Highway 99, then south and southwest along State Secondary Highway 99 to U.S. Highway 501, then west along U.S. Highway 501 to the Little Pee Dee River, then north along the Little Pee Dee River to the Lumber River, then north along the Lumber River to U.S. Highway 9, where it intersects the Horry-Marion County line to the point of beginning.
b. Jenerette, Miriam farm located on eastside of Secondary Road 23, and 3.4 miles south of intersection State Highway 917 and Secondary Road 23.
c. Stanley, Andrew farm located on the east side of State Highway 90 and 0.2 miles east of its junction on unpaved road known as Andrew Road.
d. Livingston, Donnie farm located on the east side of State Highway 90 and 0.5 miles southeast of its junction on state secondary road known as Bombing Range Road and 0.6 miles southeast of its junction on unpaved road known as Dewitt Road and 0.2 miles west of its junction on unpaved road known as Sand Hill Lane.
e. Lewis, Lula farm located on the west side of State Highway 90 and 0.4 miles west of its junction on unpaved road known as Livingston Lane and 0.1 miles east of its junction on unpaved road known as Beecher Lane.
f. Chestnut, Alberta farm located on the west side of State Highway 90 and 0.3 miles west of its junction on state secondary road known as Pint Circle.
g. Adams, Lena J. farm located on the west side of State Highway 90 and 1.2 miles west of its junction on state secondary road known as Pint Circle.
h. James, Norman farm located west of State Highway 90 and 0.4 miles west of its junction on unpaved road known as Thompson Road.
i. Todd, Don farm located west of State Highway 90 and 0.4 miles west of its junction on unpaved road known as Tilley Swamp Road.
j. Livingston, Pittman farm located on the east side of State Highway 90 and 2.2 miles north of junction with State Highway 22 and State Highway 90.
k. Vereen, Rufus C. farm located east of State Highway 90 and 0.4 miles east on state secondary road known as Old Chesterfield Road.
l. Permenter, Lucille farm located on east and west side of Hwy 57 at Worthar Cutoff junction, 0.5 miles south of North Carolina and South Carolina state line.
m. Montgomery, Harry farm located on the northwest side of state highway 76 in the Causey community, and 2.2 miles northwest of its junction on state secondary road know as Sand Trap Road and 3.7 miles northeast of its junction on unpaved road known as Causey Road and 0.1 mile northwest of its junction on unpaved road known as Griffins Landing and 0.15 miles northeast of its junction on unpaved road known as Flat River Road.
2. Marion County
a. Brown, Lewis farm located on the south side of State Highway 76 and 1.4 miles south of its junction with State Secondary Road 201.
b. Rowell, Molite farm located on the west side of State Secondary Road 9 and 0.2 miles west of its junction on unpaved road known as Molite Road.
c. Taw Caw Plantation farm located on the south side of State Highway 76 and 1.3 miles south of its junction on unpaved road known as Bubba Road.
d. Fowler, Est. Herbert farm located east of State Highway 501 and 1.4 miles northeast of its junction on unpaved road known as Bowling Green Road and 0.1 miles north of its junction on unpaved road known as Salem Road.
For the purpose of this regulation, the following shall be construed respectively to mean:
A. Commission. The State Crop Pest Commission, or any officer or employee of the commission to whom authority to act in its stead has been or hereafter may be delegated.
B. Pest. Solanum viarum Dunal, tropical soda apple in any stage of development.
C. Host. Any animal, plant or animal or plant product upon which a pest is dependent for completion of any portions of its life cycle.
D. Infested. Actually infested or infected with a pest or so exposed to infestation that it would be reasonable to believe that an infestation exists, as determined by the Commission.
E. Person. Any individual, corporation, company, society, association or other business entity.
F. Move. To ship, offer for shipment, receive for transportation, carry or otherwise transport, move or allow to be moved.
G. Regulated article. Any article of any character as described in the regulation carrying or capable of carrying the plant pest against which the regulation is directed.
H. Regulated area. Those geographic areas adjacent to the infested areas in which efforts are designed to prevent further movement and spread of the plant pest.
I. Infested area. That geographic portion of the State in which the presence of a plant pest has been confirmed and in which primary remediation measures will be applied.
J. Certificate. A document issued or authorized by the commission (or by the duly authorized regulatory agency of another state or of the United States) indicating that a regulated article is not contaminated with a pest.
K. Permit. A document issued or authorized by the commission to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing.
L. Director. The Director, Division of Regulatory and Public Service Programs, Public Service and Agriculture, Clemson University.
M. Division. The Division of Regulatory and Public Service Programs, Public Service and Agriculture, Clemson University.
N. Department. The Department of Plant Industry, Division of Regulatory, and Public Service Programs.
55.2. Regulated Articles
A. Tropical Soda Apple (Solanum viarum Dunal) in any living stage of development.
B. Hay, crops, seed, turfgrass, or any other article grown or produced on infested land.
C. Livestock [as defined in 47-4-20(7)] or any other four-legged omnivorous or herbivorous animal that grazed or had access to infested land.
D. Cattle trailers and other animal transporters used to transport livestock from infested areas.
E. Any other products, articles, or means of conveyance of any character whatsoever not covered by the above, when it is determined by an inspector that such products, articles, or means of conveyance present a hazard of spread of tropical soda apple and the person in possession thereof has been so notified.
55.3. Conditions Governing the Movement of Regulated Articles
A. Certificate or permit required. A certificate or permit issued or authorized to be issued by an inspector of the state of origin shall accompany the movement of any regulated articles from infested states or infested areas in South Carolina. Unpermitted regulated articles will be returned to point of origin, except in the case of livestock proceeding directly to slaughter in accordance with subsection 60.4.E below.
B. Attachment of certificate or permit. Certificates or permits shall accompany the shipping document (invoice, way bill, or bill of lading) which adequately describes the regulated articles.
C. Issuance of certificates. Certificates may be issued or authorized to be issued by an inspector provided that the regulated articles which are the subject of the certificate:
(i) originated in non-infested premises in a regulated area and have not been exposed to infestation within the regulated area; or
(ii) have been examined and found to be free of infestation; or
(iii) were grown, stored, or handled in such a manner that no infestation would be transmitted; or
(iv) specifically in the case of herbivorous livestock, have been held in conditions free of fruiting TSA for at least 6 days prior to commencing movement from the infested area.
D. Issuance of Permits. Permits may be issued or authorized to be issued by an inspector to allow the movement of non-certified regulated articles to a specified destination provided the inspector determines that such movement will not result in the spread of tropical soda apple.
55.4. Additional Conditions in South Carolina.
A. The entire state is designated a regulated area.
B. No part of the tropical soda apple plant can be moved unless authorized by an inspector and a certificate or permit is issued.
C. No hay, crops, seed, turfgrass, or any other article grown or produced on infested land can be moved or transported unless it can be determined by growing season inspections that tropical soda apple was not present and/or did not produce fruit during the growth and harvesting of the crops.
D. Any livestock or other animal that grazed or had access to infested land cannot be moved to an uninfested area unless held for six days in a separate tropical soda apple fruit-free holding area.
E. Livestock conveyances hauling livestock from infested areas must be washed at a designated washing-out station or site or washed at an infested site. All such sites must be registered with the Department.
F. Regulated Livestock which originate in an infested state and which are proceeding directly to slaughter need not be accompanied by a certificate, provided such livestock is not unloaded within South Carolina, except at the slaughter facility or at another facility which has previously been approved in writing by the department.
G. Waste from designated washing-out stations may not be moved unless such station is designated as TSA-free or has been composted or treated in accordance with Departmental instructions.
H. Upon the confirmation of Tropical Soda Apple on property, the Department shall notify the tenant and the landowner of the presence of Tropical Soda Apple and shall provide the landowner/tenant with recommendations for control/eradication. The landowner/tenant must maintain the land in a condition which will allow the Department to conduct adequate periodic surveys and other necessary and appropriate actions. This requirement extends to fallow land, land temporarily out of production, range land and any other land under the control of the landowner/tenant on which the plant pest may be found.
Should the landowner/tenant not comply with the recommendations of the Department after two written notifications, or should the landowner/tenant actively impede the activities of the Department in its survey/eradication activities, the Department may negotiate with an outside contractor to mow and/or spray the property with appropriate herbicides so that the Department may perform these activities. The Department may also file a Notice of Quarantine in the public records of the county in which the affected real property is located. The costs of such actions shall be a charge against the affected real property and the State shall have a lien upon said property to secure payment thereof.
55.5. Compliance Agreement.
A. Any person engaged in the growing of crops, hay, cattle, or any other article on land infested with tropical soda apple and also involved in its transportation, distribution, sale, etc. may be required to sign a compliance agreement stipulating that safeguards will be maintained against the establishment and spread of tropical soda apple and records on identity of regulated articles will be maintained.
55.6. Movement for Scientific Purposes.
A. Regulated articles may be moved for experimental or scientific purposes only in South Carolina under such conditions as may be prescribed by the commission.
55.7. Addition/deletion of lands from Regulation.
A. Deletion. When satisfactory evidence and data is available that no tropical soda apple has been found for two consecutive years, said infested area may be redesignated at the discretion of the Director, in accordance with Section 46-9-60 (B).
B. Addition. See Section 46-9-60.
C. In addition to the requirements of Section 46-9-60, future additions or deletions of areas under quarantine will be noticed in the State Register.
55.8. Penalties.
A. Any person who shall violate this regulation shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as authorized by Section 46-9-90 (A).
55.9. Infested Areas.
A. Bamberg County
(i) The Brantley/Hall farm site at Olar, SC consisting of approximately 200 acres.
(ii) The Sharp farm site at Olar, SC consisting of approximately 400 acres.
(iii) A small site adjacent to state highway 321 and the Little Salkehatchie River.
B. Beaufort County
(i) The Robert Graves farm site at Hilton Head, SC consisting of approximately 125 acres.
C. Colleton County
(i) The Laverne Smoak farm site at Walterboro, SC consisting of approximately 100 acres.
(ii) The Stanley farm site at Walterboro, SC consisting of approximately 125 acres.
(iii) The John Nettles farm site at Walterboro, SC consisting of approximately 100 acres.
D. Saluda County
(i) The J. Shore farm site at Saluda, SC consisting of approximately 90 acres.
(ii) The M. Jones farm site at Saluda, SC consisting of approximately 16 acres.
(iii) The W. Lewis farm site at Saluda, SC consisting of approximately 150 acres.
(iv) The W. Martin site, 405 N. Calhoun St., Saluda, SC.
E. Edgefield County
(i) The Linda's Cattle Wash-Out site at 158 Bettis Academy Ext., Trenton, SC consisting of approximately 25 acres.
F. Greenwood County
(i) The Thomas Cromer farm on US 221 about 3 miles South of US 25, of approximately 60 acres.
G. Other Areas
(i) Any other areas in the State of South Carolina hereafter found infested shall become subject to these regulations, pursuant to Section 60.7 above.
H. Other States
(i) All infested sites or counties in the following states: Alabama, Georgia, Florida, Mississippi, Louisiana, North Carolina, Tennessee, and Puerto Rico.
ARTICLE 6.
SWEETPOTATO WEEVIL QUARANTINE
Statutory Authority: 1976 Code Chapter 9 of Title 46
For the purpose of this quarantine and regulation, the following shall be construed respectively to mean:
A. "Certificate" means a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.
B. "Compliance agreement" means a written agreement between an individual or concern engaged in growing, dealing in, processing or moving regulated articles and the South Carolina State Crop Pest Commission wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the sweetpotato weevil.
C. "Container" means a crate, box, basket, sack or any other type of container used to handle or move sweetpotatoes or sweetpotato vines or roots.
D. "Control area" means that portion of any regulated area where control measures may be applied but eradication currently is not the objective.
E. "Eradication area" means that portion of any regulated area where eradication measures may be applied against the sweetpotato weevil.
F. "Infestation" means the presence of the sweetpotato weevil or the existence of insect debris or damage that make it reasonable to believe that the sweetpotato weevil is present.
G. "Inspector" means any authorized employee of the South Carolina State Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulations supplemental thereto.
H. "Limited permit" means 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, or processing or for treatment.
I. "Pest" means the insect known as the sweetpotato weevil (Cylas formicarius elegantulus Sum.) in any living stage or development.
J. "Generally infested area" means that part of the regulated area in which control measures are not being applied.
K. "Regulated area" means any civil division and parts of civil divisions in the State of South Carolina listed in a regulation supplemental hereto.
A. The sweetpotato weevil (Cylas formicarius elegantulus Sum.) in any living stage of development.
B. Sweetpotato plants, roots and vines, or parts thereof.
C. Vines or roots of any other plants belonging to the genus (Ipomea spp.)
D. Any other products, articles, or means of conveyance of any character whatsoever not covered by the above, when it is determined by an inspector that they present a hazard of spread of the sweetpotato weevil and the person in possession thereof has been so notified.
27-62. Conditions Governing the Movement of Regulated Articles.
A. Certificate or permit required. A certificate or permit issued or authorized to be issued by an inspector of the State of origin shall accompany the movement of regulated articles:
(1) From any regulated area into or through any point outside thereof.
(2) From a generally infested area into or through an eradication area;
(a) Except that, regulated articles originating outside of a regulated area moving directly to other nonregulated areas may be moved without a certificate or permit if the point of origin is clearly indicated on the waybill or other document accompanying the shipment. In the case of regulated articles moved through regulated areas, the regulated articles shall be protected from infestation while within the regulated area to the satisfaction of an inspector.
(b) There are no restrictions on the movement of regulated articles within generally infested areas or eradication areas unless the articles originated on infested properties and an inspector has determined that a hazard of spread exists and the owner has been so notified. A property owner so notified may move the specified regulated articles within generally infested areas or eradication areas only on the conditions approved by an inspector.
B. Attachment of certificates or permits. When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except 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.
C. Issuance of certificates. Certificates may be issued or authorized to be issued by an inspector of the regulated articles:
(1) Have originated to noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; or
(2) Have been examined and found to be free of infestation; or
(3) Have been grown, stored or handled in such a manner that no infestation would be transmitted.
D. Issuance of permits. Permits may be issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination provided the inspector determines that such movement will not result in the spread of the sweetpotato weevil and the movement is in accordance with procedures approved by the responsible regulatory official of the state of destination.
E. Requirements under other applicable state quarantines must be met.
Regulated articles may be moved for experimental or scientific purposes under such conditions as may be prescribed by the responsible regulatory official of the state of destination provided a scientific permit is securely attached to the container of such articles or to the article itself.
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 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.
Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles are infested with the sweetpotato weevil; and, such inspector is authorized to seize, treat and destroy, or otherwise dispose of articles found to be moving in violation of these regulations.
When satisfactory evidence has been presented that no sweetpotato weevils have been found for a period of one year, said regulated area may be removed from regulation at the discretion of the State Entomologist.
The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.
Under provisions of the "Act" creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by law.
(1) All of Hilton Head Island lying south of a line beginning where Broad Creek enters Calibogue Sound; thence in a northeasterly direction along said creek to the point of its intersection with State Secondary Highway 44, thence north along said highway to its junction with State Secondary Highway 333, thence northeast along said highway to Port Royal Sound;
(2) Fripps Island--All of that area comprising Fripps Island;
(3) Harbor Island--All of that area comprising Harbor Island.
B. Charleston County:
(1) City of Charleston and Charleston Heights--The City of Charleston and all that area lying south between the Ashley and Cooper Rivers beginning at a point where State Primary Highway 7 intersects with the Ashley River, thence north along said highway to its intersection with U. S. Highway 52, thence southeast along said highway to its intersection with Reynolds Avenue, thence north along said avenue through the main gate of the United States Naval Base to the Cooper River.
(2) Isle of Palms--All of that area comprising Isle of Palms;
(3) Sullivan's Island--All of that area comprising Sullivan's Island;
(4) Morris Island--All of that area comprising Morris Island;
(5) Kiawah Island--All of that area comprising Kiawah Island.
C. Any other areas in the State of South Carolina now known or hereafter found infested, such other areas to become immediately subject to these regulations when the property owner is so notified through a newspaper release or through direct written notice to those concerned.
D. Any areas in the States of Alabama, Florida, Georgia, Louisiana, Mississippi and Texas which are regulated by the plant regulatory agency of the state concerned.
75.1. Definitions: For the purpose of this regulation, the following shall be construed respectively to mean:
A. Commission: The State Crop Pest Commission, or any officer or any employee of the commission to whom authority to act in its stead has been or hereafter may be delegated.
B. Pest: A virus known as Plum Pox Virus (Potyvirus plum pox virus).
C. Person: Any individual, corporation, company, society, association or other business entity.
D. Move: To ship, offer for shipment, receive for transportation, carry or otherwise transport, move or allow to be moved.
E. Regulated article: Any article of any character as described in the regulation carrying or capable of carrying the plant pest against which the regulation is directed.
F. Regulated area: Quarantined area in which efforts are designed to prevent further movement and spread of the plant pest.
G. Certificate: A document issued or authorized by the Commission (or by the duly authorized regulatory agency of another state or of the United States or of a foreign nation) indicating that a regulated article is apparently free of a plant pest.
H. Director: The Director, Division of Regulatory and Public Service Programs, Public Service Activities, Clemson University.
I. Division: The Division of Regulatory and Public Service Programs, Public Service Activities, Clemson University.
J. Department: The Department of Plant Industry, Division of Regulatory and Public Service Programs.
K. USDA-APHIS-PPQ: United States Department of Agriculture - Animal and Plant Health Inspection Service - Plant Protection and Quarantine.
L. Compliance Agreement: A document signed by any person engaged in purchasing, assembling, exchanging, handling or moving regulated articles that stipulates he/she will maintain such safeguards against the establishment and spread of infection and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles as specified by the appropriate regulatory agency.
M. Prunus: All varieties of peach, plum, apricots, almond, nectarines, and cherry trees.
N. Appropriate Regulatory Agency: Means the regulatory agency of a state, or of the United States, or of a foreign country, which is charged with the responsibility of plant health, including but not limited to inspection, certification and quarantine.
O. Infested Area: Any county or geographic unit in which the presence of PPV has been reported by the appropriate regulatory agency.
75.2. Regulated Articles.
A. Any species susceptible to the Plum Pox Virus. See Appendix I for PPV-susceptible species list.
B. All propagative and non-propagative material of PPV-susceptible Prunus species, including seed, budwood, fruit, leaves, twigs and blossoms.
75.3. Conditions Governing the Movement of Regulated Articles into South Carolina.
A. Certificate is required (described in Section 75.3.C below). A valid inspection certificate (nursery certificate tag, phytosanitary certificate, certificate of quarantine compliance, etc.) bearing the name and address of the consignor must accompany the movement of regulated articles into or through South Carolina. Articles without a certificate will be either returned to the point of origin or confiscated and destroyed.
B. Attachment of certificate. When certificates are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate.
C. Issuance of certificates. Certificates shall be issued on the following conditions only:
1. All Prunus nursery stock, excluding species recognized as non-fruit bearing ornamental plants, originating from outside of any quarantined areas are subject to the following requirements:
a. Records Required: Propagators, exporters and importers, as appropriate, must keep detailed records of the following required information: species, variety, source of budwood and rootstock, year of propagation, where distributed and records of PPV tests for a minimum of 10 years. Propagators, exporters and importers are required to produce records to agents of the commission upon request; AND
b. All Prunus nursery stock must either:
i. be tested or originate from motherwood stock that has been tested according to protocol recognized by the appropriate regulatory agency for PPV and has been found negative; OR
ii. originate from an area where survey data for PPV susceptible Prunus material in a 0.5 mile radius of the nursery is negative based on testing protocol approved by the appropriate regulatory agency OR no PPV susceptiblePrunus species were grown within a 1 mile radius based on an official survey.
2. If PPV is found in a continental U.S. state outside of Pennsylvania but not in a southeastern state, then all Prunus material, to include ornamental stock, will be subjected to the guidelines as stated in Section 75.3.C.1.
3. If plum pox virus is found in any southeastern state, including but not limited to, Alabama, Georgia, North Carolina, South Carolina and Tennessee, then all Prunus stock must be tested at a level and protocol approved by the appropriate regulatory agency and certified PPV free before entering South Carolina.
4. No Prunus stock or Prunus related items such as seed, fruit, twigs, leaves, budwood, fruit blossoms, or bare root seedlings originating inside a quarantined area will be allowed entry into South Carolina.
D. The Department may enter into a compliance agreement with any person to allow shipment of regulated articles following "75.3 - Conditions Governing the Movement of Regulated Articles."
75.4. Additional Conditions in South Carolina.
A. No regulated article may be moved out of any quarantined area.
B. Movement of Prunus species, Prunus budwood, Prunus twigs, or leaves within the quarantine area is prohibited.
C. Upon confirmation of PPV on property, the Department shall notify the landowner (and the tenant, if applicable) of the presence of Plum Pox Virus and shall provide the landowner/tenant with procedures for control/eradication in consultation with the USDA-APHIS-PPQ. The landowner/tenant must allow access and physical sampling for Prunus stock and maintain the land in a condition that will allow the Department to conduct adequate periodic surveys and other necessary and appropriate actions. This requirement extends to fallow land, land temporarily out of production, rangeland and any other land under the control of the landowner/tenant on which Prunus species are grown.
D. Open dumping of Prunus waste material is prohibited in any quarantined areas. All waste materials must be protected against exposure to potential vectors.
E. Upon confirmation of PPV, a Stop Sale/Seizure Order may be issued for regulated articles found on the premises as outlined by Section 46-9-60 S. C. Code.
75.5. Planting of PPV-susceptible Prunus Species in South Carolina.
A. Planting of Prunus trees or Prunus ornamentals in any area under a PPV quarantine is prohibited for one year after eradication. This applies to fruit bearing and ornamental plants.
75.6. Movement for Scientific Purposes in South Carolina.
A. Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions, provided a scientific permit is securely attached to the container of such articles or to the article itself. Permit must be issued by a state or federal regulatory official.
75.7. Addition/deletion of lands from Regulation in South Carolina.
A. Deletion. When satisfactory evidence and data is available that no PPV has been found for a minimum of three consecutive years, said quarantined areas may be re-designated at the discretion of the Director, in accordance with Section 46-9-60.
B. Additions will be made in accordance with Section 46-9-60.
C. In addition to the requirements of Section 46-9-60, future additions or deletions of areas under quarantine will be published in the State Register.
75.8. Penalties.
A. Penalties will be pursuant to Section 46-9-60.
75.9. Regulated Areas.
A. In South Carolina
i. None at present.
B. Other States
i. All infested areas or counties in the state of Pennsylvania.
C. Other Countries
i. All infested areas within the following countries including but not limited to: Albania, Austria, Belgium, Bulgaria, Canada, Chile, Cyprus, Czechoslovakia, Egypt, England, France, Germany, Greece, Hungary, India, Italy, Macedonia, Portugal, Romania, Russia, Spain, Switzerland, Syria, The Netherlands, Turkey, and Yugoslavia.
75.10. Director's Exemption.
A. Any propagator, importer or exporter may petition the Director for exemption from these regulations, as written, on a case-by-case basis.
APPENDIX I. PPV SUSCEPTIBLE SPECIES
(NOTE: This is not intended to be a comprehensive list. Some species listed may be resistant. Some species may be susceptible that are not listed.)
Subgenus Prunus (Peach, Plum, Apricot)
P. alleghaniensis
P. Americana
P. angustifolia
P. armeniaca
P. blireana
P. bokhariensis
P. brigantina
P. cerasifera (includes P. myrobalana and its cultivars)
The South Carolina State Crop Pest Commission hereby establishes a quarantine to prevent the spread of phony peach, a virus disease of peach and certain other stone fruits, setting forth in the following regulations: (1) regulated articles; (2) conditions governing movement; (3) conditions under which areas may be removed from regulation; and (4) regulated areas.
For the purpose of this quarantine and regulations, the following shall be construed respectively to mean:
1. Certificate. A document issued or authorized to be issued by an inspector to allow the movement of regulated articles.
2. Compliance agreement. A written agreement between an individual, or concern engaged in growing, dealing in or moving regulated articles and the South Carolina State Crop Pest Commission, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the phony peach disease.
3. Infestation. The presence of phony peach disease or the existence of circumstances that make it reasonable to believe that the phony peach disease is present.
4. Inspector. Any authorized employee of the South Carolina State Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulation supplemental thereto.
5. Scientific Permit. A document issued or authorized by the State Entomologist to allow movement to a specified destination for scientific purposes.
6. Pest. A virus known as the phony peach disease of peaches.
7. Regulated areas. Any civil divisions and parts of civil divisions in the State of South Carolina listed in a regulation supplemental hereto.
All peach, plum, apricot, nectarine and almond nursery stock.
27-83. Conditions Governing the Movement of the Regulated Articles. [FN1]
1. Certificate required. A valid nursery inspection certificate bearing the name and address of the consignor must accompany the movement of regulated articles from any regulated area into or through any point outside thereof.
2. Attachment of certificates. When nursery certificates are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate the attachment of the certificate to each of the containers is not required.
3. Issuance of certificates. Certificates may be issued only on the following conditions:
a. That each nursery in the phony peach infected area(s) producing regulated products shall apply to the State quarantine official for approval of the proposed nursery-growing site on or before August 15th of each year.
b. Selected nursery sites shall be at least 300 yards from wild plum, one-half mile from phony infected commercial orchards, and one-half mile from urban areas.
c. The one mile environs of the nursery site shall be inspected prior to October 1st, and all phony trees found within such environs removed prior to November 1st.
d. All budding shall be restricted to the slip-bud method.
[FN1] Requirements under other applicable State quarantines must also be met.
Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a scientific permit is securely attached to the container of such articles or to the article itself.
As a condition of issuance of certificates for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, or moving such articles may be required to sign a compliance agreement stipulating that he will maintain such safeguards against the establishment and spread of infection and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles.
Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such articles are infected with the phony peach disease; and, such inspector is authorized to seize, destroy or otherwise dispose of articles found to be moving in violation of these regulations.
When satisfactory evidence has been presented that no phony peach disease has been found for a period of three consecutive years in a county affected by this quarantine, said county may be removed from regulation.
The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.
Under provisions of the Act creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished by law.
1. Those areas of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, Tennessee and Texas, which are under regulations by their respective state authorities or any other state areas similarily quarantined by the responsible Regulatory Agency of that State.
2. Description of regulated areas in South Carolina. Counties of Aiken, Allendale, Bamberg, Barnwell, Calhoun, Cherokee, Chesterfield, Edgefield, Greenville, Hampton, Lancaster, Laurens, Lexington, Marlboro, Orangeburg, Richland, Saluda, Spartanburg, Sumter and York.
3. Any other areas in the State of South Carolina hereafter found infected, such other areas to become immediately subject to these regulations when the property owner is so notified through a newspaper release or through direct written notice to those concerned.
ARTICLE 8.
JAPANESE BEETLE QUARANTINE
Statutory Authority: 1976 Code Chapter 9 of Title 46
A. "Certificate" means a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.
B. "Compliance Agreement" means a written agreement between an individual, or concern engaged in growing, dealing in, or moving regulated articles and the South Carolina State Crop Pest Commission, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the Japanese beetle.
C. "Infestation" means the presence of the Japanese beetle or the existence of circumstances that make it reasonable to believe that the Japanese beetle is present.
D. "Inspector" means any authorized employee of the South Carolina State Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulations supplemental thereto.
E. "Mechanized Soil-moving Equipment" means mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.
F. "Permit" means 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, or processing, or for treatment.
G. "Pest" means the insect known as the Japanese beetle (Popillia japonica Newm.) in any stage of development.
H. Soil" means that part of the upper layer of earth in which plants can grow.
A. The Japanese beetle (popillia japonica Newm.) in any living stage.
B. Soil, humus, compost, and manure (except when commercially packaged).
C. All plants with roots (except bareroot plants free from soil). "Free from soil" as used in the regulation shall mean free from soil in amounts that could contain concealed Japanese beetle larvae or pupae.
D. Bulbs, corms, tubers, and rhizomes of ornamental plants and plant crowns or roots for propagation except when they are free from soil.
E. Grass Sod.
F. Any other product, articles, or means of conveyance of any character whatsoever, not covered by the above, when it is determined by a quarantine officer of the Plant Pest Regulatory Service that they present a hazard of spreading the Japanese beetle.
27-102. Conditions Governing the Movement of Regulated Articles.
A. Certificate or Permit Required
A certificate or permit must accompany the movement of regulated articles from any regulated area into or through any point outside thereof. 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.
B. Attachment of Certificates or Permits
When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except 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.
C. Issuance of Certificates
Certificates may be issued by an inspector if the regulated articles:
(1) Have originated in noninfested premise in a regulated area and have not been exposed to infestation while within the regulated area;
(2) upon examination, have been found to be free of infestation;
(3) have been treated to destroy infestation in accordance with approved procedures;
(4) have been grown, produced, manufactured, stored or handled in such manner that no infestation would be transmitted thereby.
D. Issuance of Permits
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.
E. Movement of Regulated Articles
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.
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.
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 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.
Any properly identified inspector is authorized to stop and inspect without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles are infested with the Japanese beetle; and, such inspector is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of these regulations.
The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.
Under provisions of the Act creating a State Crop Pest Commission, approved March, 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by law.
That portion of Orangeburg County bounded by a line beginning at a point where the North Fork of the Edisto River junctions with the Orangeburg-Lexington County line; thence in a southeast direction along said river to its junction with U. S. Highway 301; thence east along said highway to its junction with U. S. Highway 176; thence in a northwesterly direction along said highway to its junction with the Orangeburg-Calhoun County line; thence in a southwesterly direction along Orangeburg-Lexington County line to the point of beginning.
The entire states of Alabama, Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, West Virginia, and the District of Columbia.
ARTICLE 9.
IMPORTED FIRE ANT QUARANTINE
Statutory Authority: 1976 Code Chapter 9 of Title 46
A. "Certificate" means a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.
B. "Compacted soil" means soil attached to equipment which cannot be removed by brisk brushing or washing with water, or both, under normal city water pressure.
C. "Compliance agreement" means a written agreement between an individual, or concern engaged in growing, dealing in, or moving regulated articles and the South Carolina Crop Pest Commission, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the imported fire ant.
D. "Exemptions" means conditions contained in a regulation supplemental hereto which provide for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.
E. "Infestation" means the presence of the imported fire ant or the existence of circumstances that make it reasonable to believe that the imported fire ant is present.
F. "Inspector" means any authorized employee of the South Carolina State Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulation supplemental thereto.
G. "Mechanized soil-moving equipment" means mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.
H. "Permit" means 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 or processing, or for treatment.
I. "Pest" means the insect known as the red imported fire ant (Solenopsis invicta Buren) in any stage of development.
J. "Regulated areas" mean any civil division and parts of civil divisions in the State of South Carolina listed in a regulation supplemental hereto.
K. "Regulated articles" mean those articles that require a certificate or permit year-around except as indicated.
L. "Suppressive areas" mean that part of the regulated area where eradication is undertaken as the objective of the program.
M. "Soil" means soil shall be considered as that part of the upper layer of earth in which plants can grow.
A. The imported fire ant (Solenopsis invicta Buren) in any living stage of development.
B. Soil separately or with other things.
C. Plants with roots with soil attached.
D. Grass sod.
E. Hay and straw.
F. Used mechanized soil-moving equipment.
G. Any other products, articles, or means of conveyance of any character whatsoever, not covered by the above, when it is determined by a quarantine officer of the Plant Pest Regulatory Service that they represent a hazard of spread of the imported fire ant and the person in possession thereof has been so notified.
A. Soil samples of one pound or less which are packaged so that no soil will be spilled in transit and are consigned to laboratories operating under compliance agreement. Information as to approved laboratories may be obtained from an inspector.
B. Soil samples of any size collected and shipped to any U. S. Army Corps of Engineers soil laboratory.
C. Potting soil if commercially prepared, packaged, and shipped in original containers.
D. Hay and straw if used for packing or bedding.
E. Used mechanized soil-moving equipment if cleaned of all loose, noncompacted soil and not exposed to infestation after cleaning or other prescribed handling.
F. Transplants if substantially free of soil, and houseplants grown in the home and not for sale.
27-123. Conditions Governing the Movement of Regulated Articles.
A. Certificate or Permit Required.
A certificate or permit must accompany the movement of regulated articles from any regulated area into or through any point outside thereof. 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.
B. Attachment of Certificates or Permits.
When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except 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.
C. Issuance of Certificates.
Certificates may be issued by an inspector if the regulated articles:
(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area;
(2) Upon examination, have been found to be free of infestation;
(3) Have been treated to destroy infestation in accordance with approved procedures;
(4) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby.
D. Issuance of Permits.
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 imported fire ant.
E. Additional Requirements.
All other applicable State and Federal domestic plant quarantines must be met.
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.
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.
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 he will maintain such safeguards against the establishment and spread of infestation 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.
Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles are infested with the imported fire ant; and, such inspector is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of these regulations.
The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.
Under provisions of the Act creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by law.
1. The Commission hereby delegates to the Director the authority to determine and implement appropriate measures to eradicate, control, or slow the spread of those plant pests designated in paragraph 2 below. This authority extends to a decision that a plant pest has become so widespread that the initiation or continuation of control measures would be ineffective.
