New
Mexico Register / Volume XXXIII, Issue 21 / November 8, 2022
This is an
amendment to 21.17.36 NMAC, Sections 1, 4, 7, 8, 9, 10, 11 and 14, effective 11/08/2022.
21.17.36.1 ISSUING AGENCY: [New Mexico state
university,] New Mexico department of agriculture, MSC, 3189, Box 30005,
Las Cruces, New Mexico 88003-8005, Telephone No. (575) 646-3007.
[21.17.36.1 NMAC - N, 11/01/2018;
A, 11/08/2022]
21.17.36.4 DURATION: [March 1, 2023]
Permanent.
[21.17
36.4 NMAC - N, 11/01/2018; A, 11/08/2022]
A. “Board” means
the board of regents of New Mexico state university or any [officer] individual
whom authority to act in their stead has been or hereafter may be delegated.
B. “Certificate”
means a document issued or authorized by the director with specific
declarations related to the treatment, handling, transportation, condition or
other processes related to regulated articles.
C. “Compliance agreement”
means a document issued or authorized by the director that outlines/identifies
specific requirements related to the transportation, treatment, handling or
processes related to regulated articles.
D. “Department” means the New Mexico
department of agriculture and authorized staff.
E. “Director”
means director secretary of New Mexico department of agriculture.
F. “Infested” means reasonable expectation
that regulated articles may harbor pecan weevil.
G. “Non-compliant”
means regulated articles transported within New Mexico that are in
violation of the requirements set forth in 21.17.36 NMAC.
[G.] H. “Originating”
means produced within or having spent sufficient time in a quarantined area to
be believed to be at risk of being infested.
[H.] I. “Pecan weevil”
means any live developmental stage or synonym of curculio caryae
(horn) including adult, pupae, larvae, or egg.
[I.] J. “Regulated article”
means pecan weevil, plant tissue, equipment, trailers, or any other item
capable of or having a reasonable expectation of harboring pecan weevil. Including in-shell pecans; sacks used in
harvesting, storage, transporting or storing of in-shell pecans; harvesting
equipment; live trees or parts thereof with soil attached; hulls, husks, and
fragments of hull.
[21.17.36.7 NMAC – N, 11/01/2018;
A, 11/08/2022]
21.17.36.8 QUARANTINE AREAS: The following
counties are quarantined areas: Eddy, Lea, Otero, and Chaves
counties. The director may make changes
to the quarantine status of a county by issuing an emergency quarantine,
amendment of this rule, or the promulgation of a new quarantine rule.
[21.17.36.8 NMAC - N, 11/01/2018;
A, 11/08/2022]
21.17.36.9 RESTRICTIONS ON REGULATED ARTICLES: To prevent the spread
of pecan weevil in New Mexico, the board hereby orders and declares regulated
articles cannot be transported out of quarantined areas, except under the
following conditions:
A. Transportation
of in-shell pecans, hulls, husks, shell fragments, containers associated with
the harvesting, transportation, or storage of in-shell pecans originating in
quarantined counties to or through non-quarantined areas in New Mexico shall be
allowed as follows:
(1) Accompanied
by a certificate [issued by an authorized representative of the department,]
for each shipment of regulated articles, certifying treatment under [official]
supervision of the department or in accordance with a compliance agreement
prior to transporting out of the quarantined area. Acceptable treatments are prescribed under
Subsections A through C of 21.17.36.11 NMAC.
The certificate must include contact information for pecan owner,
shipment amount, [date,] treatment method (including treatment dates),
destination [address and name] contact information with address, and
any other information deemed relevant by the department; or
(2) Transported
in enclosed trailers or other containers approved by the director and
transported directly to a [facility/location] facility
approved by the director, [and] that is capable of providing the
treatment(s) as defined under Subsections A through C of 21.17.36.11 NMAC;
or
(3) Transportation
of regulated articles using alternative methods [may be] as
approved under a compliance agreement [issued by the director].
B. Transportation
of regulated articles not identified in Subsection A of 21.17.36.9 NMAC
including equipment and supplies, originating in quarantined area, to or
through non-quarantined areas in New Mexico will be allowed following
inspection by the department and issuance of a certificate that
identifies regulated articles as not being infested.
[21.17.36.9 NMAC - N, 11/01/2018;
A, 11/08/2022]
21.17.36.10 DISPOSITION OF VIOLATIONS: Any non-compliant regulated article [transported in
New Mexico that is in violation of this rule] will be subject to immediate
quarantine and [treatment] returned back to place of origin or
destruction under parameters set forth by the department, or [otherwise
disposed of as necessary to prevent the spread or establishment of pecan weevil
in non-quarantined areas in New Mexico] other method of disposition as directed
by the department that serves the best interest of the state. All [treatment] transportation
or disposal of non-compliant articles will be at the expense of the
owners, [or] agents or both and performed under the direction of
the department. If necessary for the
department to incur any cost associated with the disposition of non-compliant
regulated articles, the owner, agents or both shall reimburse the department
for all costs, including attorney’s fees and cost, incurred by the department.
Reimbursement to the department is required within 30 days after notification
via issuance of invoice requesting payment. If payment is not received within 30
days of notification, the department shall initiate legal action to collect or
recuperate actual cost.
[21.17.36.10 NMAC - N, 11/01/2018; A 11/08/2022]
21.17.36.11 TREATMENT OF REGULATED ARTICLES:
Individuals or businesses must be approved by the director prior to receiving
in-shell pecans or other regulated articles for treatment. Compliance agreements will be issued to those
individuals or business demonstrating the capabilities to provide treatment
using one of the following methods:
A. Storage in an
approved cold storage chamber at or below zero degrees fahrenheit
for a period of seven consecutive days (168 hours) after the entire lot reaches
zero degrees fahrenheit as
determined by facility standard operating procedures approved by the
department;
or
B. Storage
in an approved cold storage chamber at 12.2 degrees fahrenheit
for a period of 14 consecutive days (336 hours) after the entire lot reaches 12.2
degrees fahrenheit as determined by facility standard
operating procedures approved by the department; or
[B.] C. Immersion in at
least 140 degrees fahrenheit [hot] water for a period of at
least five minutes [after-reaching a temperature of 140 degrees fahrenheit]; or
[C.] D. Other treatment methods [may be]
approved under a compliance agreement issued by the director.
[21.17.36.11 NMAC - N, 11/01/2018;
A, 11/08/2022]
21.17.36.14 ADDITIONAL LAWS AND REGULATIONS: All regulated articles are further subject to the provisions
of any other law, regulation, or regulatory order of the state of New Mexico, [or
the] United States [department of agriculture] or both now in
effect or which may hereafter be promulgated.
[21.17.36.14 NMAC - N, 11/01/2018; A 11/08/2022]