Bakanae of Rice Exterior Quarantine

PURPOSE: This rule prohibits the introduction of a serious disease pest of rice, known as Bakanae of rice or Foolish Seedling Disease, caused by the fungal organism, Gibberella fujikuroi (bakanae strains), into the state of Missouri, and establishes those articles and areas which are to be regulated. In the absence of a federal quarantine to prevent the movement and spread of this harmful disease of rice, it is necessary that the state entomologist take action to insure that infected rice seed and other regulated articles are not introduced into the state of Missouri. (1) It has been determined that a harmful disease pest of rice known as Bakanae (Foolish Seedling Disease), caused by the fungal organism Gibberella fujikuroi (bakanae strains), is not now known to be present in this state, is present in the state of California, designated as the infested area, and that its introduction into Missouri would result in serious loss and damage to the agriculture resources and to the general welfare of the state. Under the authority of section 263.130, RSMo of the Missouri Plant Law, the state entomologist does hereby establish a quarantine to prevent the of entry of rice seed from infested areas into the state of Missouri, and now sets forth the name of the pest against which the quarantine is established, the infested areas, the articles regulated, the rules governing movement of regulated articles, the rules governing issuance of permits, the rules governing suppression activities and the penalty. (2) The following definitions shall apply to this quarantine: (A) Certificate—a document issued or authorized by the Missouri Department of Agriculture, or regulatory official of the state of origin, indicating that a regulated article is not contaminated with Gibberella fujikuroi (bakanae strains), or has been treated in such a manner as to eliminate the organism. Such articles may be moved to any destination. (B) Compliance agreement—a written agreement between the Missouri Department of Agriculture and any person engaged in growing, dealing in or moving regulated articles wherein the latter agrees to comply with conditions specified in the agreement to prevent the dissemination of Gibberella fujikuroi (bakanae strains). (C) Exemptions—provisions contained in these regulations which allow for modifications in conditions of movement of regulated articles from regulated areas under specified conditions. (D) Farm operator—a person responsible for the production and/or sale of a rice crop on any individual farm. (E) Infected—the presence of the causal organism on or in seed or any plant part that may or may not sustain and support the living and reproduction of the organism. (F) Infested—actually infested with the organism or so exposed to infestation that it would be reasonable to believe that an infestation exists. (G) Inoculum—spores or any other part of the causal organism that might serve to cause the organism to survive and reproduce on any plant or plant part that it comes into contact with. (H) Inspector—any authorized employee of the Missouri Department of Agriculture, or any other person authorized by the Missouri Department of Agriculture to enforce the provisions of quarantine and its rules. (I) Limited permit—a document issued or authorized by an inspector or a designated regulatory official to provide for the movement of regulated articles to restricted destination for limited handling, utilization or processing or for treatment. (J) Mill operator—a person responsible for the operation of a manufacturing plant, and all facilities of that plant, involved in the processing, packaging or handling of rough rice and rice products. (K) Milled rice—rice that has been subjected to processing to produce products from rough rice. (L) Milling rice—rice that has been produced, handled, acquired and destined for processing through a mill. (M) Person—any individual, corporation, company, society, association or other business entity. (N) Regulated area—any state or any portion of such state that is known to be infested with Gibberella fujikuroi (bakanae strains). (O) Research rice—any rice seed or rice plant parts that are to be used in a recognized research project conducted by a state or federal program under the supervision of a trained and credentialed professional staff that has in place proper safety programs to prevent the accidental release and/or spread of the disease. (P) Rice mill—any manufacturing plant and all associated facilities that are involved in processing rough rice to produce rice related products. (Q) Rice—all parts of rice and wild rice plants of the genera Oryza. (R) Rice hulls—the outer covering of the rice seed that usually is removed in the milling process. (S) Rice production area—any area utilized in the growing of rice plants for production of the plant and/or subsequent seed for harvesting in the state of Missouri. (T) Rice products—any commodity or product that has been produced from any part of the rice plant and may contain parts of the original plant structure or they may be unrecognizable as having originated from the rice plant because of being subjected to additional processing. (U) Rice mill waste—any trash or discarded material that was originally contained or in contact with rice plants, seed or other plant parts utilized in a milling process. (V) Rough rice—rice seed harvested, handled and transported in the same form it was in immediately following harvest and removal from the rice plant. (W) Seed assay—any test available to be applied to a sample, lot or other quantity of seed to determine the presence of Gibberella fujikuroi (bakanae strains). (X) Seed rice—seed removed from the rice plant and subjected to such processing as to make the seed suitable for use as planting material for subsequent rice crops. This processing may include but is not limited to cleaning, treating and bagging. Depending on the handling and products applied to this seed it may or may not be suitable for human consumption. (Y) Treatment—any process that may be applied to rice seed or other plant parts in an attempt to modify or affect the presence of Gibberella fujikuroi (bakanae strains). (Z) Used rice equipment—any equipment previously used to harvest, strip, transport, destroy or process rice. (3) The following is a list of articles, the movement of which is regulated: (A) The causal agent, Gibberella fujikuroi (bakanae strains), in any living stage of development; (B) Rice; (C) Rough rice; (D) Seed rice; (E) Research rice; (F) Milling rice; (G) Rice hulls; (H) Rice mill waste; (I) Used rice equipment; (J) Any other products, articles or means of conveyance, not covered by this section, when determined by an inspector they present a hazard of spread of Gibberella fujikuroi (bakanae strains) and the person in possession thereof has been so notified. (4) The following subsections shall govern the movement of regulated articles. Requirements under other applicable state and federal quarantines must also be met: (A) A certificate or limited permit is required to transport regulated articles from a regulated area into or through any rice production area. (B) A certificate or limited permit for movement of regulated articles may be obtained from the Missouri Department of Agriculture or an authorized cooperator/collaborator agency. (C) A certificate or limited permit may be issued by an inspector if a regulated article: 1. Has originated in the non-infested area of this state or in a non-infested area of any other state and has not been exposed to infestation at any time; or 2. Has been treated to eliminate infestation; or 3. Has been subjected to a seed assay to determine if the causal agent is present and none is found; or 4. Has been grown, manufactured, stored or handled in such a manner that in the judgment of the inspector no infestation will be transmitted thereby. (D) Limited permits may be issued by an inspector to allow the movement of noncertified regulated articles for specified handling, utilization, processing or treatment in accordance with approved procedures, provided the inspector has determined that such movement will not result in the spread of Gibberella fujikuroi (bakanae strains). (E) When certificates or limited permits are required, they shall be securely fastened to the regulated article or to the outside of the container in which the regulated article is being moved. (F) Any certificate or limited permit which has been issued or authorized may be withdrawn by the inspector if they determine that the holder thereof has not complied with any conditions for the use of such documents or with any conditions contained in a compliance agreement. (G) Persons requesting certification or a limited permit must request the services from an inspector(s) at least forty-eight (48) hours before the services are needed. The regulated articles must be assembled at the place and manner in which the inspector designates outside the rice production area. The following information must be provided at the time the request is submitted: 1. The quantity of the regulated article to be moved; 2. The location of the regulated article; 3. The names and addresses of the consignee and consignor; 4. The method of shipment; and 5. The scheduled date of shipment. (5) 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. (6) 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 s/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. (7) Regulated products transported in violation of this quarantine must be treated or destroyed or returned to the point of origin at the discretion of the state entomologist. Common carriers or other carriers, persons, firms or corporations, who shall transport or move regulated products in violation of this quarantine and these rules shall be subject to the penalties named in section 263.180, RSMo. (8) Regulated areas include the state of California and any other rice production area where Gibberella fujikuroi (bakanae strains) and/or Bakanae (Foolish Seedling Disease) have been confirmed to occur. AUTHORITY: sections 263.040, 263.050, 263.130 and 263.140, RSMo Supp. 2004.* Emergency rule filed May 18, 2005, effective May 28, 2005, expired Nov. 23, 2005. Original rule filed June 6, 2005, effective Nov. 30, 2005. *Original authority: 263.040, RSMo 1939, amended 1984; 263.050, RSMo 1939, amended 1984, 1993, 1995; 263.130, RSMo 1939, amended 1984; and 263.140, RSMo 1939, amended 1984.