Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 13. The full text of the rules follows: TITLE 3. AGRICULTURE CHAPTER 4. DEPARTMENT OF AGRICULTURE PLANT SERVICES DIVISION ARTICLE 2. QUARANTINE ARTICLE 2. QUARANTINE R3-4-244. Regulated and Restricted Noxious Weeds A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, the following terms apply to this Section:
1. “Habitat” means any terrestrial or aquatic area within Arizona, such as canals, drainage ditches, ponds, and lakes that
is capable of sustaining plant growth.
2. “Infested area” means each individual container in which a pest is found or the specific area that harbors a pest.
3. “Regulated pest” means any of the following plant species, including viable plant parts (stolons, rhizomes, cuttings
and seed, except agricultural, vegetable and ornamental seed for planting purposes), found within the state may be
controlled to prevent further infestation or contamination:
Cenchrus echinatus L. -- Southern sandbur,Cenchrus incertus M.A. Curtis -- Field sandbur,
Convolvulus arvensis L. -- Field bindweed,
Eichhornia crassipes (Mart.) Solms -- Floating waterhyacinth,Medicago polymorpha L. -- Burclover,
Pennisetum ciliare (L.) Link -- Buffelgrass
Portulaca oleracea L. -- Common purslane,Tribulus terrestris L. -- Puncturevine.
4. “Restricted pest” means any of the following plant species, including viable plant parts (stolons, rhizomes, cuttings
and seed, except agricultural, vegetable and ornamental seed for planting purposes), found within the state shall bequarantined to prevent further infestation or contamination:
Acroptilon repens (L.) DC. -- Russian knapweed,Aegilops cylindrica Host. -- Jointed goatgrass,
Alhagi pseudalhagi (Bieb.) Desv. -- Camelthorn,
Cardaria draba (L.) Desv. -- Globed-podded hoary cress (Whitetop),Centaurea diffusa L. -- Diffuse knapweed,
Centaurea maculosa L. -- Spotted knapweed,
Centaurea solstitialis L. -- Yellow starthistle (St. Barnaby’s thistle),Cuscuta spp. -- Dodder,
Eichhornia crassipes (Mart.) Solms -- Floating waterhyacinth,
Elytrigia repens (L.) Nevski -- Quackgrass,Euryops sunbcarnosus subsp. vulgaris -- Sweet resinbush,
Halogeton glomeratus (M. Bieb.) C.A. Mey -- Halogeton,
Helianthus ciliaris DC. -- Texas blueweed,Ipomoea triloba L. -- Three-lobed morning glory,
Linaria genistifolia var. dalmatica -- Dalmation toadflax,
Onopordum acanthium L. -- Scotch thistle. B. Area under quarantine: All infested areas within the state. C. The following commodities are hosts or carriers of the regulated or restricted pest:
1. All plants other than those categorized as a regulated or restricted pest;2. Forage, straw, and feed grains;
6. Any appliance, construction or dredging equipment, boat, boat trailer or related equipment, or any other vehicle with
Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking
soil attached or carrying plant debris. D. The Department may quarantine any commodity, habitat, or area infested or contaminated with a regulated pest and notify
the owner or carrier of the restrictions and treatments listed in subsections (F) and (G). If the regulated pest is not quaran-
tined, the Department shall provide the grower with technical information on effective weed control activities through
E. The Department shall quarantine any commodity, habitat, or area infested or contaminated with a restricted pest and shall
notify the owner or carrier of the restrictions and treatments of the pest listed in subsections (F) and (G). F. Restrictions.
1. No regulated or restricted pest or commodity infested or contaminated with a regulated or restricted pest shall be
moved to a non-infested area unless the Director issues a permit for the transporting or propagating of the pest.
2. An owner or the owner’s representative shall notify the Department at least two working days in advance of moving
contaminated equipment from an infested area.
3. The Department may inspect all equipment within two working days after a request to inspect the equipment is made
Has been moved into or through a non-infested area;
Has been used to harvest an infested crop within the past 12 months. G. Treatments.
1. An owner or the owner’s representative shall treat all soil and debris from equipment used in a quarantined area until
it is free of the regulated or restricted pest before the equipment is moved. Removal or destruction of the restricted orregulated pest shall be accomplished through one of the following methods:
Dry heat. The commodity shall be heated for 15 minutes at 212° F.
ii. Steam heat. The commodity shall be heated for 15 minutes at 212° F;
b. Fumigating with ethylene oxide, chamber only: The commodity shall be fumigated with 1,500 mg/L for four
hours in a chamber pre-heated to 115-125° F;
Burying in a sanitary landfill to a depth of six feet.
2. An owner or the owner’s representative shall treat an infested area or habitat, including the area within the crop,
rangeland, roadside, or private property, with treatments based on an integrated pest management program appropri-ate to the commodity. The treatments shall take place under the direction of an inspector and shall include:
d. Biological control including insects, fungi, nematodes, or microbes; ore.
Any other treatment approved by the Director. R3-4-245. Prohibited Noxious Weeds A. Definition. In addition to the definitions provided in A.R.S. § 3-201, the following apply to this Section:
1. “Habitat” means any terrestrial or aquatic area within Arizona, such as canals, drainage ditches, ponds, and lakes that
is capable of sustaining plant growth.
2. “Infested area” means each individual container in which a pest is found, the specific area that harbors the pest, or any
shipment that has not been released to the receiver and is infested with a pest.
3. “Pest” means any of the following plant species, including viable plant parts (stolons, rhizomes, cuttings and seed,
except agricultural, vegetable and ornamental seed for planting purposes), that are prohibited from entering the state:
Acroptilon repens (L.) DC. -- Russian knapweed,
Aegilops cylindrica Host. -- Jointed goatgrass,
Alhagi pseudalhagi (Bieb.) Desv. -- Camelthorn,Alternanthera philoxeroides (Mart.) Griseb. -- Alligator weed,
Cardaria pubescens (C.A. Mey) Jarmolenko -- Hairy whitetop,
Cardaria chalepensis (L.) Hand-Muzz -- Lens podded hoary cress,Cardaria draba (L.) Desv. -- Globed-podded hoary cress (Whitetop),
Carduus acanthoides L. -- Plumeless thistle,
Cenchrus echinatus L. -- Southern sandbur,Cenchrus incertus M.A. Curtis -- Field sandbur,
Centaurea calcitrapa L. -- Purple starthistle,
Centaurea iberica Trev. ex Spreng. -- Iberian starthistle,
Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking Centaurea squarrosa Willd. -- Squarrose knapweed,
Centaurea sulphurea L. -- Sicilian starthistle,Centaurea solstitialis L. -- Yellow starthistle (St. Barnaby’s thistle),
Centaurea diffusa L. -- Diffuse knapweed,
Centaurea maculosa L. -- Spotted knapweed,Chondrilla juncea L. -- Rush skeletonweed,
Cirsium arvense L. Scop. -- Canada thistle,
Convolvulus arvensis L. -- Field bindweed,Coronopus squamatus (Forskal) Ascherson -- Creeping wartcress (Coronopus),
Cucumis melo L. var. Dudaim Naudin -- Dudaim melon (Queen Anne’s melon),
Cuscuta spp. -- Dodder,Drymaria arenarioides H.B.K. -- Alfombrilla (Lightningweed),
Eichhornia azurea (SW) Kunth. -- Anchored waterhyacinth,
Eichhornia crassipes (Mart.) Solms – Floating waterhyacinth,Elytrigia repens (L.) Nevski -- Quackgrass,
Euphorbia esula L. -- Leafy spurge,
Halogeton glomeratus (M. Bieb.) C.A. Mey -- Halogeton,Helianthus ciliaris DC. -- Texas blueweed,
Hydrilla verticillata Royale -- Hydrilla (Florida-elodea),
Ipomoea spp. -- Morning glory. All species except Ipomoea carnea, Mexican bush morning glory; Ipomoea tri-loba, three-lobed morning glory (which is considered a restricted pest); and Ipomoea aborescens, morning glory
Ipomoea triloba L. -- Three-lobed morning glory,Isatis tinctoria L. -- Dyers woad,
Linaria genistifolia var. dalmatica -- Dalmation toadflax,
Lythrum salicaria L. -- Purple loosestrife,Medicago polymorpha L. -- Burclover,
Nassella trichotoma (Nees.) Hack. -- Serrated tussock,
Onopordum acanthium L. -- Scotch thistle,Orobanche ramosa L. -- Branched broomrape,
Panicum repens L. -- Torpedo grass,
Peganum harmala L. -- African rue (Syrian rue),Pennisetum ciliare (L.) Link – Buffelgrass,
Portulaca oleracea L. -- Common purslane,
Rorippa austriaca (Crantz.) Bess. -- Austrian fieldcress,Salvinia molesta -- Giant Salvinia,
Senecio jacobaea L. -- Tansy ragwort,Solanum carolinense L. -- Carolina horsenettle,
Sonchus arvensis L. -- Perennial sowthistle,
Solanum viarum Dunal -- Tropical Soda Apple,Stipa brachychaeta Godr. -- Puna grass,
Trapa natans L. -- Water-chestnut,Tribulus terrestris L. -- Puncturevine. B. Area under quarantine: All states, districts, and territories of the United States except Arizona. C. The following commodities are hosts or carriers of the pest:
1. All plants and plant parts other than those categorized as a pest;
3. Live or dead flower arrangements;4. Ornamental displays;
6. Any appliance, construction or dredging equipment, boat, boat trailer or related equipment, or any other vehicle with
soil attached or carrying plant debris. D. The Department shall quarantine any commodity, habitat, or area infested or contaminated with a pest and shall notify the
owner or carrier of the methods of removing or destroying the pest from the commodity, habitat, or area. The Departmentshall reject any shipment not released to the receiver and reship to the shipper. E. Restrictions:
1. No pest or commodity infested or contaminated with a pest shall be admitted into the state unless the Director issues
a permit for the transporting or propagating of the pest. Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking
2. The Department shall regulate the movement of the commodity out of a quarantined area within the state until the
pest is eradicated. Any shipment or lot of a commodity infested or contaminated with a pest arriving in the state inviolation of this quarantine shall, according to A.R.S. § 3-205(A), be immediately reshipped from the state, or treated
or destroyed using one of the following methods:
The commodity shall be fumigated with 1,500 mg/L of ethylene oxide for four hours in a chamber pre-heated to115-125° F;
Burying in a sanitary landfill to a depth of six feet;
Any other treatment approved by the Director.
CHAPTER 4. Department of Agriculture Plant Services Division
1. Sections Affected Rulemaking Action
2. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific):
Authorizing statutes: A.R.S. §§ 3-107(A)(1) and 3-201.01
Implementing statute: A.R.S. § 3-232(A)(2)(b)
3. A list of all previous notices appearing in the Register addressing the proposed rule:
Notice of Rulemaking Docket Opening: 11 A.A.R. 1289, April 1, 2005
4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking:
Name: Rebecca A. Nichols, Rules Analyst
Address: Arizona Department of Agriculture 1688 W. Adams, Room 235 Phoenix, AZ 85007
5. An explanation of the rule, including the agency’s reasons for initiating the rule:
R3-4-244 and R3-245 are collectively known as the noxious weed rules. These rules regulated the movement, sale, and possession o.
The proposed rulemaking would revise the definition for “habitat” and add Pennisetum ciliare (L.) Link - Buffelgrass, to the lis.
6. A reference to any study relevant to the rule that the agency reviewed and either proposes to rely on or not rely on in its e.
7. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state:
8. The preliminary summary of the economic, small business, and consumer impact:
With the adoption of the proposed rules the savings and benefits that accrue to the Arizona Department of Agriculture, the nurse.
It would be difficult to put a price tag on the cost of eradication, loss of agriculture, and natural resources, displacement of.
The cost to state agencies, political subdivisions, the citizens of Arizona and the environment of not listing the proposed noxi.
There would be very little impact on small business. Buffelgrass seed sales within Arizona are nonexistent by Arizona businesses.
9. The name and address of agency personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement:
Name: Rebecca A. Nichols, Rules Analyst
Address: Arizona Department of Agriculture 1688 W. Adams, Room 235 Phoenix, AZ 85007
10. The time, place, and nature of the proceedings for the making, amendment, or repeal of the rule, or if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rule:
An oral proceeding is not scheduled for these proposed rules. To request an oral proceeding or to submit comments, please contac.
11. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules:
12. Incorporations by reference and their location in the rules:
Incorporated: 1773 Origin: This territory was first settled in 1763, and known as the North Woods, a parish of Nottingham. It was incorporated as a separate town upon agreement with Nottingham in 1773. In 1791, the General Court of New Hampshire authorized a committee to survey and lay out a road between Durham and Concord, which became the First New Hampshire Turnpike. The ro
NAME YOUR TEAM CONTEST Ontario Pro Soccer, LLC "Name the Team" Contest OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. The object of the "Name the Team" contest ("Contest") is to submit a name for a professional indoor soccer team in Ontario, California ("Team Name"). Ontario Pro Soccer, LLC ownership and management ("Judges") will e