ARSD Article 12:51 — PLANT QUARANTINE

AGRICULTURE AND NATURAL RESOURCES AGRICULTURE AND NATURAL RESOURCES

Chapter 12:51:01 General provisions

ARSD 12:51:01:01 Definitions

Terms defined in SDCL 38-24A-1 have the same meaning in this article. In addition, the following terms mean:

(1) "Certified forage products," hay, straw, stover, or mulch that has been officially inspected prior to harvest and has been found free of viable seeds and other propagative plant parts of plants on the nonnative plant species list in § 12:51:03:01;

(2) "Conveyances," containers used to move regulated articles, including trucks, railroad cars, bins, and hoppers;

(3) "Department," the South Dakota Department of Agriculture and Natural Resources;

(4) "Exposed," infested or having a high potential of being infested with seeds or propagative parts of any one of the nonnative plant species specified in § 12:51:03:01;

(5) "Farm tools," instruments for farming that are worked or used by hand, including hoes, rakes, shovels, and axes;

(6) "Interstate," movement from any state into the state of South Dakota;

(7) "Intrastate," movement within the state of South Dakota;

(8) "Karnal bunt," a plant disease caused by the fungus Tilletia indica (Mitra) Mundkur;

(9) "Mechanized cultivating equipment and mechanized harvesting equipment," mechanized equipment and attachments used for soil tillage and harvesting purposes, including tractors, disks, plows, harrows, planters, subsoilers, combines, harvesters, and balers;

(10) "Milling products and byproducts," products resulting from processing activities, including plant products, animal feed and waste, and debris;

(11) "Movement," the act of shipping, transporting, delivering, or receiving something for movement, or otherwise aiding, abetting, inducing or causing something to be moved;

(12) "Person," any association, company, corporation, firm, individual, joint stock company, partnership, society, or other legal entity;

(13) "Processed forage products," hay, straw, stover, or mulch that has been pelletized or treated in a fashion that destroys the viability of seeds and other propagative plant parts of the nonnative plant species specified in § 12:51:03:01;

(14) "Quarry products," organic or inorganic products, including sand, gravel, finely divided rock, and soil formation materials, excavated from a source usually below the surface of the earth;

(15) "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources or a designated agent;

(16) "Soil," the part of the upper layer of earth in which plants grow;

(17) "Soil-moving equipment," equipment used for moving or transporting soil, including bulldozers, dump trucks, and road scrapers.

History

• Source: 19 SDR 32, effective September 8, 1992; 23 SDR 16, effective August 5, 1996; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-1, 38-24A-9.

Chapter 12:51:02 Regulated areas

ARSD 12:51:02:01 Area under regulation

The area regulated for nonnative plant species is the state of South Dakota.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-7.

ARSD 12:51:02:02 Areas subject to Karnal bunt quarantine

The secretary shall quarantine this state or each portion of this state that is infested with Karnal bunt. Less than the entire state may be designated as a Karnal bunt quarantine area only if the secretary determines that designating less than the entire state as a quarantine area will prevent the spread of Karnal bunt.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-7.

ARSD 12:51:02:03 Quarantine of uninfested areas for Karnal bunt

The secretary may include uninfested acreage with a Karnal bunt quarantine area because of its proximity to an infestation or inseparability from the infected locality for quarantine purposes as determined by the following:

(1) Projections of the spread of Karnal bunt along the periphery of the infestation;

(2) The availability of natural habitats and host materials within the uninfested acreage that are suitable for establishment and survival of Karnal bunt; and

(3) The necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-7.

ARSD 12:51:02:04 Federal Karnal bunt regulated areas

The areas designated by the federal government as Karnal bunt regulated areas are those areas listed in 7 C.F.R. § 301.89-3, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004).

History

• Source: 23 SDR 16, effective August 5, 1996; 30 SDR 203, effective June 24, 2004.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-7.

Chapter 12:51:03 Regulated pests

ARSD 12:51:03:01 Regulated nonnative plant species

The following nonnative plant species, including all plants, plant parts, and seeds capable of propagation, are regulated plant species under SDCL 38-24A-6:

(1) Canada thistle ( Cirsium arvensis );

(2) Common crupina ( Crupina vulgaris );

(3) Dalmation toadflax ( Linaria dalmatica );

(4) Diffuse knapweed ( Centaurea diffusa );

(5) Dodder ( Cuscuta spp. );

(6) Eurasian water milfoil ( Myriophyllum spicatum );

(7) Field bindweed ( Convolvulus arvensis );

(8) Hoary cress ( Cardaria draba );

(9) Johnsongrass ( Sorghum halepense );

(10) Leafy spurge ( Euphorbia esula and E. pseudovirgata );

(11) Multiflora rose ( Rosa multifloral );

(12) Musk thistle ( Carduus nutans );

(13) Perennial pepperweed ( Lepidium latifolium );

(14) Perennial sowthistle ( Sonchus arvensis );

(15) Plumeless thistle ( Carduus acanthoides );

(16) Purple loosestrife ( Lythrum salicaria and L. virgatum );

(17) Rush skeletonweed ( Chondrilla juncea );

(18) Russian knapweed ( Centaurea repens );

(19) Spotted knapweed ( Centaurea maculosa );

(20) St. Johnswort ( Hypericum perforatum );

(21) Yellow starthistle ( Centaurea solstitialis ); and

(22) Yellow toadflax ( Linaria vulgaris ).

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-9.

ARSD 12:51:03:02 Regulated plant diseases

Karnal bunt ( Tilletia indica ) is a regulated plant disease under SDCL 38-24A-6.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-9.

Chapter 12:51:04 Regulated articles

ARSD 12:51:04:01 Untreated soil and quarry materials

Untreated soil and quarry products.** Untreated soil, subsoil, and quarry products that have been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-9.

ARSD 12:51:04:02 Used and uncleaned equipment

12:51:04 :02. Used and uncleaned equipment. Used and uncleaned equipment, including cultivating equipment, soil moving equipment, harvesting equipment, grain cleaning equipment, and seeding equipment, that has been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-9.

ARSD 12:51:04:03 Unprocessed and noncertified forage products

12:51:04 :03. Unprocessed and noncertified forage products. Unprocessed and noncertified forage products, including hay, straw, stover, and mulch, that have been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-9.

ARSD 12:51:04:04 Untreated compost, manure, humus, and plant media

12:51:04 :04. Untreated compost, manure, humus, and plant media. Untreated compost, manure, humus, and artificial plant growth media that have been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-9.

ARSD 12:51:04:05 Articles originating from areas infested with Karnal bunt

12:51:04 :05. Articles originating from areas infested with Karnal bunt. The following articles originating from quarantined areas infested with Karnal bunt declared pursuant to §§ 12:51:02:02 to 12:51:02:04, inclusive, are regulated articles:

(1) Conveyances, including trucks, railroad cars, and other containers used to move wheat, durum wheat, or triticale;

(2) Grain elevators, equipment, and structures used for storing and handling wheat, durum wheat, or triticale;

(3) Milling products or byproducts from processing wheat, durum wheat, or triticale;

(4) Plants or plant parts, including grain, seed, or straw of all varieties of the following species:

(a) Wheat ( Triticum aestivum );

(b) Durum wheat ( Triticum durum ); and

(c) Triticale ( Triticum aestivum X Secale cereale );

(5) Root crops with soil;

(6) Soil from areas where field crops are produced;

(7) Manure from animals that have fed on wheat, durum wheat, or triticale;

(8) Used bags, sacks, and containers;

(9) Used farm tools;

(10) Used mechanized cultivating equipment;

(11) Used mechanized harvesting equipment;

(12) Used seed conditioning equipment;

(13) Used mechanized soil-moving equipment; and

(14) Any other product, article, or means of conveyance that the secretary determines presents a risk of spreading Karnal bunt by its proximity to an infestation of Karnal bunt; and the person in possession of the product, article, or means of conveyance has been notified that it is regulated under this chapter.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-9.

ARSD 12:51:04:06 Articles subject to Karnal bunt embargo

12:51:04 :06. Articles subject to Karnal bunt embargo. Regulated articles listed in § 12:51:04:05 that originate from regulated areas listed in 7 C.F.R. § 301.89-3, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004), are embargoed.

History

• Source: 23 SDR 16, effective August 5, 1996; 30 SDR 203, effective June 24, 2004.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-7.

Chapter 12:51:05 Exempted articles

ARSD 12:51:05:01 Permitted collections

Nonnative plant species listed in § 12:51:03:01 may be collected or grown under a permit issued by the secretary for use as herbariums or for research in control methods.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-9.

ARSD 12:51:05:02 Educational specimens

Nonnative plant species listed in § 12:51:03:01 may be collected without a permit for the creation of specimens for educational purposes if the methods used to collect specimens ensure that no infestation is created.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-9.

ARSD 12:51:05:03 Business agreements

The department may enter into written agreements with persons engaged in the growing, transportation, handling, or processing of regulated articles that require the persons to maintain safeguards against the establishment and spread of the nonnative plant species listed in § 12:51:03:01. The agreements shall prescribe compliance with any conditions that may be required by the secretary as to the handling and movement of regulated articles into or within the regulated area and as to the cleaning and treatment of conveyances and containers used in the transportation of such articles.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-3, 38-24A-9.

Chapter 12:51:06 Prohibited acts

ARSD 12:51:06:01 Nonnative plant species

A person may not bring into or transplant, buy, sell, offer for sale, or disseminate within South Dakota any plants, plant parts, or seeds of a plant species or hybrid cross of a plant species listed in § 12:51:03:01.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-10.

ARSD 12:51:06:02 Regulated articles

A person may not transport, buy, sell, or offer for sale within the regulated area any regulated articles exposed to any of the nonnative plant species listed in § 12:51:03:01.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-10.

ARSD 12:51:06:03 Karnal bunt quarantine

Pursuant to §§ 12:51:02:02 to 12:51:02:04, inclusive, a person may not transport, buy, sell, or offer for sale in this state in a manner contrary to chapters 12:51:07 to 12:51:09, inclusive, any regulated article described in § 12:51:04:05 and may not move any such regulated article within, from, into, or through this state contrary to chapters 12:51:07 to 12:51:09, inclusive.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-10.

Chapter 12:51:07 Treatment and disposition

ARSD 12:51:07:01 Treatment of equipment

Regulated equipment specified in § 12:51:04:02 must be cleaned and free of soil, plant parts, seeds, and physical debris prior to movement into or within South Dakota. At a minimum, regulated equipment must be cleaned using the following procedures as applicable:

(1) Clean the crop tank;

(2) Open separation equipment and fan completely;

(3) Open all traps and remove all debris;

(4) Remove all soil and physical debris from all accessible areas; and

(5) Operate mechanized equipment empty with all functions engaged at operational revolutions per minute for five minutes.

The secretary may order steam cleaning, pressure washing, or the use of forced air to treat regulated equipment.

History

• Source: 19 SDR 32, effective September 8, 1992.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-12.

ARSD 12:51:07:02 Treatment of other regulated articles

Treatment of regulated articles specified in §§ 12:51:04:01, 12:51:04:03, 12:51:04:04, 12:51:04:05, and 12:51:04:06 includes fumigation treatment, heat treatment, mechanical treatment, chemical treatment, removal of infested material, or other measures as ordered by the secretary.

History

• Source: 19 SDR 32, effective September 8, 1992; 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-12.

ARSD 12:51:07:03 Disposal of infested material

Weed seeds, plant parts, soil, and other debris collected when treating regulated articles must be disposed of in a manner that prevents dissemination of the regulated pests listed in chapter 12:51:03. The secretary may order the use of specific means of disposal of infested material in individual cases.

History

• Source: 19 SDR 32, effective September 8, 1992; 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-12.

ARSD 12:51:07:04 Disposition of articles in violation

Regulated plants or articles in violation of § 12:51:06:01, 12:51:06:02, or 12:51:06:03.must be returned to the point of origin, destroyed, or, if possible, treated in a manner prescribed in § 12:51:07:01, 12:51:07:02, or 12:51:07:03. Until disposition is determined by the secretary, all articles must be transported, stored, or held in a manner that prevents possible spread of infestation. All costs of treatment, return to shipper, or destruction must be borne by the owner.

History

• Source: 19 SDR 32, effective September 8, 1992; 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-12, 38-24A-12.1.

Chapter 12:51:08 Movement of regulated articles

ARSD 12:51:08:01 Movement of regulated articles from Karnal bunt infested areas

A regulated article may be moved from an area infested with Karnal bunt into, through, or within this state only under the following conditions:

(1) With a certificate or limited permit issued and attached in accordance with 7 C.F.R. § 301.89-6 and 301.89-10, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004);

(2) With a certificate or permit issued in accordance with §§ 12:51:09:02 and 12:51:09:03 by the state plant regulatory official in the state of origin and attached in accordance with § 12:51:09:04;

(3) Without a certificate or permit, if the following conditions are met:

(a) The regulated article was moved into the regulated area from an area that is not infested;

(b) The point of origin is indicated on the waybill accompanying the regulated article;

(c) The regulated article is moved through the infested area without stopping; has been stored, packed, or handled at locations approved by the secretary as not posing a risk of contamination with Karnal bunt; or has been treated in accordance with the methods and procedures prescribed in 7 C.F.R. § 301.89-13, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004), while in or moving through any infested area; and

(d) The article has not been combined or commingled with other articles so as to lose its individual identity; or

(4) Without a certificate or permit, if the regulated article is a sample being moved to an official laboratory specified by the secretary to process, test, or analyze samples.

History

• Source: 23 SDR 16, effective August 5, 1996; 30 SDR 203, effective June 24, 2004.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-10.

Chapter 12:51:09 Inspection and certification

ARSD 12:51:09:01 Assembly and inspection of regulated articles

Persons requiring inspection, certification, or other services from the secretary must request the services from the secretary at least 48 hours before the services are needed. The secretary may designate the place and manner of assembly of regulated articles for the purpose of inspection.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-9, 38-24A-14.

ARSD 12:51:09:02 Issuance of certificates

The secretary shall issue a certificate for movement of a regulated article upon determination that the regulated article:

(1) Is eligible for unrestricted movement under all other applicable federal plant quarantines and South Dakota plant quarantines and plant rules;

(2) Is to be moved in compliance with any emergency conditions the secretary may impose under SDCL chapter 38-24A to prevent the artificial spread of the regulated pest;

(3) Is free of the regulated pest, based on the results of official inspection and laboratory testing specified by the secretary and the history of previous infestation;

(4) Has been grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of the regulated pest; and

(5) Has been treated in accordance with methods and procedures specified in chapter 12:51:07.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-9.

ARSD 12:51:09:03 Issuance of permits

If a regulated article is not eligible for a certificate, the secretary may issue a permit for the movement of a regulated article or approve the issuance of a permit by the state plant regulatory official in the state of origin if the secretary determines that the regulated article:

(1) Is to be moved to a specified destination for specified handling, utilization, or processing and this movement will not result in the artificial spread of the regulated pest because the regulated pest will be destroyed or the risk mitigated by the specified handling, utilization, or processing;

(2) Is to be moved in compliance with any additional emergency conditions the secretary may impose under SDCL chapter 38-24A to prevent the artificial spread of the regulated pest; and

(3) Is eligible for movement under all other applicable federal plant quarantines and South Dakota plant quarantines and plant rules.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-9.

ARSD 12:51:09:04 Attachment and disposition of certificates and permits

The consignor must ensure that the certificate or permit authorizing intrastate or interstate movement of a regulated article is at all times during intrastate or interstate movement attached to:

(1) The outside of the container encasing the regulated article;

(2) The article itself, if it is not in a container; or

(3) The consignee's copy of the accompanying waybill, if the descriptions of the regulated article on the certificate or permit and on the waybill are sufficient to identify the regulated article.

The carrier must furnish the certificate or permit authorizing movement of a regulated article to the consignee at the shipment's destination.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-9.

ARSD 12:51:09:05 Costs

The user is responsible for all costs arising from inspection, certification, and permitting of regulated articles. Procedures shall be conducted and costs shall be calculated in accordance with SDCL 38-24A-21.

History

• Source: 23 SDR 16, effective August 5, 1996; 45 SDR 84, effective December 19, 2018.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-9.

ARSD 12:51:09:06 Cancellation of certificates, permits, or business agreements

Pursuant to SDCL chapter 1-26, any certificate, permit, or business agreement issued by the secretary may be canceled if the secretary determines that the holder of the certificate, permit, or business agreement has not complied with this article or any conditions imposed under this chapter.

History

• Source: 23 SDR 16, effective August 5, 1996.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-10.

Chapter 12:51:10 Emerald ash borer quarantine

ARSD 12:51:10:01 Definitions

Words and phrases defined in SDCL chapter 38-24A have the same meaning when used in this chapter. Terms used in this chapter mean:

(1) "Firewood," tree parts in any measure or volume, whether for commercial or private purposes, that is intended to be burned for heating or recreational use;

(2) "Log," parts of trees cut to certain lengths to be milled, processed, or otherwise used in buildings or construction;

(3) "Quarantine area," an area established by the secretary of Agriculture and Natural Resources from which the emerald ash borer is likely to spread;

(4) "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources;

(5) "USDA-APHIS-PPQ," the United States Department of Agriculture, Animal and Plant Inspection Service, Plant Protection and Quarantine;

(6) "External embargoed area," the area outside of South Dakota established by the secretary from which regulated articles are restricted;

(7) "Department," the South Dakota Department of Agriculture and Natural Resources.

History

• Source: 45 SDR 84, effective December 19, 2018; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 47 SDR 125, effective May 30, 2021.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-1.

ARSD 12:51:10:02 Regulated insects

12 : 51 : 10 : 02 . Regulated insects. Emerald ash borer ( Agrilus planipennis (Fairmaire)) is a regulated insect under SDCL 38-24A-6.

History

• Source: 45 SDR 84, effective December 19, 2018.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-9.

ARSD 12:51:10:03 Regulated articles

12 : 51 : 10 : 03 . Regulated articles. The following articles that originate within the quarantine area are considered regulated articles:

(1) The emerald ash borer, Agrilus planipennis (Fairmaire), in any living stage of development;

(2) Entire ash trees ( Fraxinus spp. ), and nursery stock;

(3) Ash logs or untreated ash lumber with any bark or the outer one half inch of wood attached;

(4) Non-coniferous, or hardwood, wood chips and non-coniferous, or hardwood, bark chips larger than one inch diameter in two dimensions;

(5) Other ash material ( Fraxinus spp. ), living or dead, cut or fallen, including logs, limbs, branches, stumps, or roots;

(6) Firewood of any non-coniferous, or hardwood, species;

(7) Any other article, product, or means of conveyance, when it is determined by the secretary to present a risk of spreading the emerald ash borer. Other items identified as regulated articles in this manner will be communicated through publication of a notice in public newspapers.

History

• Source: 45 SDR 84, effective December 19, 2018.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-7.

ARSD 12:51:10:04 Movement of regulated articles out of the quarantine area

12 : 51 : 10 : 04 . Movement of regulated articles out of the quarantine area. Regulated articles described in § 12:51:10:03 may be moved out of the quarantine area if each of the following conditions are met:

(1) A thorough examination of the regulated articles and treatment is conducted by an inspector authorized by the secretary; and

(2) A permit is granted for movement of regulated articles; and

(3) The permit is attached to the regulated articles, or with the shipping documents, for that specific lot of regulated articles until the final destination. The permit shall be provided to an inspector, if requested, or to the consignee at the final destination.

History

• Source: 45 SDR 84, effective December 19, 2018.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-10.

ARSD 12:51:10:05 Movement of regulated articles through the quarantine area

12 : 51 : 10 : 05 . Movement of regulated articles through the quarantine area. The movement ofregulated articles, listed in § 12:51:10:03, originating from outside a quarantine area, through a quarantine area, then out to a non-quarantine area again, is prohibited, except if passage is made without stopping except for refueling or traffic conditions and if the articles are completely enclosed by a covering adequate to prevent the escape or entry of emerald ash borer.

History

• Source: 45 SDR 84, effective December 19, 2018.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-10.

ARSD 12:51:10:06 Treatment of regulated articles

Regulated articles listed in § 12:51:10:03 may receive a permit from the secretary or a designated agent to authorize movement outside of the quarantine area. A permit will include specific treatment activities that must be performed in order to prevent the spread of emerald ash borer out of the quarantine area. The treatment activities are as follows:

(1) Heat Treatment: the article has been brought to an internal temperature of 140 deg F (60 deg C) for 60 minutes, or other temperature and exposure time as described in USDA Heat Treatment Schedule T314-a (Regulated Wood Articles including Fraxinus and all Hardwood Firewood from Emerald Ash Borer Quarantine areas) or USDA Kiln Sterilization Schedule T404-b-4 (Wood Products including containers);

(2) Fumigation: Fumigation must be approved and conducted under expert guidance and appropriate for the particular article, and under official observation by USDA-APHIS-PPQ or the department;

(3) Chipping: Bark or other wood may be chipped so that the size of the chips is 1 inch or less in two dimensions;

(4) Debarking: The article has 100% of the bark removed, plus an additional 1/2 inch of wood. No residual bark or cambium shall remain; or

(5) Other: If the secretary determines the article will not present a risk of transporting the emerald ash borer.

History

• Source: 45 SDR 84, effective December 19, 2018; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 47 SDR 125, effective May 30, 2021.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-12.

ARSD 12:51:10:07 Prohibited acts

12 : 51 : 10 : 07 . Prohibited acts. No person may transport, buy, sell, or offer for sale, in a manner contrary to § 12:51:10:04 or 12:51:10:05, any regulated article, as described in § 12:51:10:03. No person may move any regulated article from, into, or through the quarantine area, except as provided in §§ 12:51:10:04 and 12:51:10:05.

History

• Source: 45 SDR 84, effective December 19, 2018.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-10.

ARSD 12:51:10:08 USDA-APHIS-PPQ as a designated agent

12 : 51 : 10 : 08 . USDA-APHIS-PPQ as a designated agent. The USDA-APHIS-PPO is considered a designated agent as defined in SDCL subdivision 38-24A-1(2) working with the secretary to prevent the spread of emerald ash borer. As a designated agency, USDA-APHIS-PPQ may allow, through permits and certificates, the movement of regulated materials out of and through the quarantine area.

History

• Source: 45 SDR 84, effective December 19, 2018.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-1, 38-24A-9, 7 C.F.R. Part 301.53-1 to 301.53-9, inclusive.

ARSD 12:51:10:09 External embargoed articles

All regulated articles described in § 12:51:10:03 that originate from an external embargoed area, and that have not been treated as described in § 12:51:10:06, are embargoed, except when each of the following conditions are met:

(1) The articles enter directly from portions of states that border a county regulated by the South Dakota emerald ash borer internal quarantine as established by the secretary;

(2) The articles travel directly to a facility located within the South Dakota emerald ash borer quarantine; and

(3) The articles will not leave the South Dakota emerald ash borer quarantine area, unless they are subsequently treated to meet the requirements described in § 12:51:10:06.

History

• Source: 47 SDR 125, effective May 30, 2021.
• General Authority: SDCL 38-24A-9.
• Law Implemented: SDCL 38-24A-6, 38-24A-10.