PSD Rules and Regulations

R3-4-233. Lettuce Mosaic

A. Definitions. In addition to the definitions provided in R3-4-201, the following terms apply to this Section:
1. "Integrity" means the planting location is free from the pest.
2. "Mosaic-indexed" means lettuce seed that has been tested by a laboratory approved by a state in which the laboratory is located. The testing sample shall contain at least 30,000 seeds and no seeds shall be found infected with the pest.
3. "Pest" means the virus, lettuce mosaic.
B. Area Under Quarantine: All states and districts of the United States.
C. Commodities Covered: Plants and plant parts, including seeds, of all varieties of lettuce, Lactuca sativa.
D. Restrictions.
1. Any lettuce seed imported into, transported within, planted, or sold in Arizona shall be mosaic-indexed unless authorized by a permit established in subsection (E).
2. Each container or subcontainer of seed shall bear a label with the statement "Zero infected seeds per 30,000 tested (0 in 30,000)," or shall be accompanied by an official certificate from the state of origin attesting that the seed is mosaic-indexed.
3. Lettuce transplants imported into, transported within, planted, or sold in Arizona shall be accompanied by an official certificate from the origin state that includes:
a. The name of the exporter,
b. The variety name and lot number of the seed from which the transplants were grown, and
c. Verification that the seeds from which the transplants were grown meet the requirement in subsection (E)(1).
4. Exemptions. The requirements of subsection (D) do not apply to:
a. Lettuce seed sold in retail packages of 1 oz. or less to the homeowner for noncommercial planting, or
b. Any shipment of lettuce transplants consisting of five flats or less per receiver for noncommercial planting.
E. Permits:
1. A lettuce breeder or researcher may apply for a permit for lettuce seed or transplants that have not been mosaic-indexed, provided:
a. Each permit is for a 1/20 acre plot or less,
b. The applicant monitors the lettuce for pest symptoms,
c. The applicant verifies the integrity of the fields,
d. All plants exhibiting pest symptoms are destroyed, and
e. The following statement appears on the bill of lading or invoice accompanying each shipment: "This shipment meets Arizona lettuce mosaic permit requirements. Permit number ________."
2. A seed dealer may apply for a permit to import non-mosaic-indexed lettuce seed for temporary storage in Arizona, provided:
a. Non-mosaic-indexed lettuce seed is shipped out-of-state and not distributed for use in Arizona;
b. The seed dealer maintains and makes available for Department inspection during regular business hours an inventory record on all non-mosaic-indexed lettuce seed which includes:
i. The quantity and lot number of non-mosaic-indexed lettuce seed,
ii. The date and lot number of non-mosaic-indexed lettuce seed received by the seed dealer,
iii. The date and lot number of non-mosaic-indexed lettuce seed shipped out-of-state by the seed dealer, and
iv. The destination of each shipment.
c. The permit does not preclude inspection of non-mosaic-indexed lettuce seed upon entering Arizona.
F. A grower shall disk, or otherwise destroy all lettuce fields within 10 days after the last day of commercial harvest or abandonment, unless prevented by documented weather conditions or documented circumstances beyond the control of the grower, or in the case of a permittee, as soon as the purpose of the crop is completed.
G. Disposition of Violation.
1. Any infected shipment of lettuce seed or transplants arriving in or found within the state, in violation of this Section, shall be immediately destroyed. The owner or the owner's agent shall bear the cost of the destruction.
2. Any untested shipment of lettuce seed or transplants arriving in or found within the state, in violation of this Section, shall be immediately sent out-of-state or destroyed at the option of the owner or the owner's agent. The owner or the owner's agent shall bear the cost of the destruction or of sending the lettuce seed or transplants out-of-state.
3. Any Arizona lettuce fields in violation of this Section shall be abated as established in A.R.S. §§ 3-204 and 3-205. The owner or person in charge may be assessed a civil penalty established in A.R.S. § 3-215.01.
4. Violation of any provision of the permit may result in suspension or revocation of the permit.