Alabama Administrative Code

It has been determined that the dangerous pest known as the Japanese Beetle (Popillia japonica Newm.), defined as a pest under the provisions of Code of Ala. 1975, §2-25-1(1), has become established in the State of Alabama. It is also found and determined that the above pest is i…

For the purpose of this chapter, the following definitions shall apply: (1) Certificate. A document issued or authorized to be issued by the commissioner to allow the movement of regulated articles to any destination. (2) Commissioner. The Commissioner of the Department of Agricu…

Upon the findings and determinations set out in Rule 80-10-4-.03, it is Hereby Ordered, under the provisions of Code of Ala. 1975, §2-25-4(5), that a quarantine be imposed upon the articles and pest set out in this chapter, subject to the conditions imposed by these rules.

(1) The following pest and articles shall be regulated by these rules: (a) The Japanese Beetle (Popillia japonica Newm.) in any living stage of development; (b) Soil, humus, compost, muck, peat, and decomposed manure, separately or with other things; (c) Plants with roots with so…

The following areas shall be deemed regulated. (1) Out-of-state regulated areas: ConnecticutMarylandOhioDelawareMassachusettsPennsylvaniaDistrict of ColumbiaMichiganRhode IslandGeorgiaMissouriSouthCarolinaIllinoisNew HampshirTennesseeIndianaNew JerseyVermontKentuckyNew YorkVirgin…

(1) Unless specified otherwise in these rules, 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 certificat…

(1) Certificates may be issued by the commissioner if the regulated articles meet the following: (a) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; or (b) Upon examination, have been found to b…

There are no restrictions imposed on the movement of regulated articles within regulated areas unless the articles originate on infested properties and the commissioner has determined that a hazard of spread exists and the property owner has been so notified. A property owner so …

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 th…

(1) Under the provisions of Code of Ala. 1975, §2-25-3, the commissioner may, after first being properly identified, stop and inspect, without a warrant, any person or means of conveyance moving into, within or from the state of Alabama upon probable cause to believe that such me…

Any person violating the provisions of this regulation shall be subject to the penalties imposed under the provisions of Code of Ala. 1975, § 2-25-22.

(1) It has been determined that the destructive insect known as the sweet potato weevil, Cylas formicarius elegantulus Summers, defined as an insect pest under the provisions of Code of Ala. 1975, §2-25-1(1), has been established in the state of Alabama. It is also found and dete…

For the purposes of this quarantine, the following definitions shall apply: (1) Infestation. The presence of the sweet potato weevil in any stage of development, or the existence of circumstances which make it reasonable to believe that the sweet potato weevil is present. (2) Reg…

Upon the findings and determinations set out in Rule 80-10-5-.01 above, it is Hereby Ordered under the provisions of Code of Ala. 1975, §2-25-4(5), that a quarantine be imposed upon the articles and pest set out in this quarantine, subject to the conditions imposed by this quaran…

The following articles and pest shall be regulated by this quarantine: (1) The living sweet potato weevil in any stage of development; (2) Sweet potato, Ipomoea batatas (L) Lam., roots, plants, vines or parts thereof; (3) Any vines or roots of other plants belonging to the genera…

Out-of-state regulated areas are as follows: (1) Florida: Entire state. (2) Georgia: Counties of Brantley, Bryan, Camden, Chatham, Colquitt, Dougherty, Glynn, Grady, Liberty, McIntosh, Tift, and Ware. (3) Louisiana: Counties of Acadia, Allen, Ascension, Assumption, Avoyelles, Bea…

Alabama regulated areas are as follows: (1) The entire counties of Baldwin, Butler, Choctaw, Clarke, Coffee, Conecuh, Covington, Escambia, Geneva, Henry, Houston, Mobile, Monroe, Washington. (2) That portion of Russell County consisting of the N 1/2 of T 16 N, R 30 E; NE 1/4 of T…

(1) Sweet potatoes entering into Alabama from areas of other states that are sweet potato weevil free must have firmly attached to the outside of each container a tag, green in color, issued by a duly authorized official representative of the state of origin, indicating that the …

(1) Sweet potatoes entering Alabama from areas of other states designated as "Regulated" must be accompanied by a valid certificate of quarantine compliance. Each container shall also have firmly attached to it a tag, manila in color, issued by a duly authorized official represen…

Sweet potatoes produced in sweet potato weevil free areas in Alabama and only moved within the boundaries of the state are not required to have green tags attached to each container, or be accompanied by a certificate of quarantine compliance. However, persons in possession of su…

Any sweet potatoes originating from any area moving into a regulated area in Alabama shall not then be moved back into a sweet potato weevil free area of the state unless said articles meet the requirements of Rule 80-10-5-.08(2).

Regulated articles under Rule 80-10-5-.04 above, produced within an area designated as a regulated area in Alabama as defined in Rule 80-10-5-.02(2) above, shall be handled as follows: (1) Owners and/or persons in charge of properties infested with sweet potato weevils and proper…

Seed sweet potatoes and sweet potato plants may not be sold, offered for sale, traded, or given away in Alabama unless they are certified under provisions set forth by the commissioner.

Properties located within a regulated area may be released from quarantine if no sweet potato weevils have been found within the past three consecutive years. The minimum area which may be considered for release shall be no less than four square miles, to include the buffer area.…

Under the provisions of Code of Ala. 1975, §2-25-3, the commissioner may, after first being properly identified, stop and inspect, without a warrant, any person or means of conveyance moving into, within or from the state of Alabama upon probable cause to believe that such means …

Any person violating any provisions of this quarantine shall be subject to the penalties imposed under the provisions of Code of Ala. 1975, §2-25-22.

That quarantine identified as Sweet Potato Weevil Quarantine No. 2, dated May 28, 1968, and amendments thereto dated July 16, 1981, September 30, 1981, and all other amendments thereto and all other quarantines against the sweet potato weevil are hereby repealed and withdrawn.

The Commissioner of Agriculture and Industries may, in his discretion, waive any duty, requirement, or any other provision of this quarantine for any time period necessary, if he determines that said waiver would be in the best interests of agriculture, the sweet potato industry …

(1) It has been determined that the destructive insect pest known as the black imported fire ant, Solenopsis richteri Forel and the red imported fire ant, Solenopsis invicta Buren has become established in the state of Alabama as well as in other states. It is also found and dete…

For the purpose of this quarantine and regulations, the following shall be construed respectively to mean: (1) Certificate of Inspection. A document issued by the commissioner to allow the movement of regulated articles to any destination. Such certificate of inspection shall als…

The following pests and articles shall be regulated by this quarantine. (1) The black imported fire ant, Solenopsis richteri Forel, and the red imported fire ant, Solenopsis invicta Buren, in any living stage of development; (2) Soil, compost, decomposed manure, humus, muck and p…

All infested areas of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Texas and all other state or additional areas within currently quarantined states hereafter found to be infested with imported fire ants are deemed regu…

Unless exempted, a certificate or a 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 …

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 shippi…

Certificates may be issued by the commissioner 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) Upon examination, have been found to be free of infestation; …

Permits may be issued by the commissioner to allow the movement of noncertified regulated articles to locations outside the regulated areas for particular handling, utilization, processing, or for treatment in accordance with approved procedures, provided the commissioner has det…

There are no restrictions imposed on the movement ofregulated articles within regulated areas unless the articles originate on infested properties and the commissioner has determined that a hazard of spread exists and the property owner has been so notified. A property owner so n…

In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.

The following articles are exempt from all regulated area certification and permit requirements if they meet applicable conditions prescribed and have not been exposed to infestation after cleaning or other handling: (1) Potting soil, if commercially prepared, packaged, and shipp…

The commissioner, in his discretion, may waive the requirements for movement of regulated articles for experimental or scientific purposes in accordance with specified conditions.

As a condition of issuance of certificates of compliance 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 …

The commissioner, after displaying proper identification, is authorized to stop and inspect, without a warrant, any person or means of conveyancemoving into, within or from the state of Alabama upon probable cause to believe that such means of conveyance or articles are infested …

(1) It has been determined that a serious and highly infectious disease known as Phony Peach Disease, which is an RLO induced disease of peach and certain other stone fruits, exists. (2) Due to the above determination, a quarantine against the above described disease is hereby es…

As used in this quarantine, the following shall be construed respectfully to mean: (1) Pest or Disease. Phony Peach, a serious disease of peach and certain other stone fruits, caused by a rickettsia-1ike organism (RLO). (2) Commissioner. The Commissioner of Agriculture and Indust…

Regulated areas shall be as follows: (1) All infested areas of Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, Tennessee and Texas. (2) Any other area or additional areas within currently quarantined areas hereafter found to be infested with the Phony Peach Dis…

The following disease agent and products shall be regulated by this quarantine. (1) All peach, plum, apricot, nectarine, and almond nursery stock. (2) The Phony Peach Disease agent in any form or fashion.

The movement of regulated articles from any regulated area into, within, or from the state of Alabama is permitted only when there is securely attached to the outside of each container, package, or bundle, a valid certificate of inspection. Such certificate of inspection shall be…