312 IAC 18-3-4 - Criteria for a permit for the movement of a plant or element of beekeeping that contains a pest or pathogen
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 4.
(a) This
section establishes the criteria by which an application for a permit for the
movement of a plant or element of beekeeping that contains a pest or pathogen,
issued under section 3(b)(2) of this rule, is evaluated.
(b) The following categories for a pest or
pathogen are established:
(1) Category A is
one (1) of the following:
(A) A plant pest
from another country which is newly introduced or not widely distributed in the
United States.
(B) A plant pest of
limited occurrence in the United States, including pests listed by an agency of
the federal government.
(C) A plant
pest regulated by Indiana.
(D) An
exotic strain of a domestic pest.
(2) Category B is a beneficial organism or
pollinator. The pest or pathogen is high risk which is a weed antagonist or a
shipment accompanied by federally or state prohibited plant material of a
Category A pest. The pest or pathogen is a low risk which is constituted by
pure cultures of known beneficial organisms.
(3) Category C is a domestic pest which:
(A) has attained its ecological range;
or
(B) is a nonpest
organism.
(c)
A facility proposed in an application for the maintenance of a plant or element
of beekeeping that contains a pest or pathogen is evaluated according to the
factors referenced as follows:
(1) The
likelihood of harm by the pest or pathogen is evaluated as follows:
(A) A pest or pathogen poses a serious
likelihood of harm which is contained within:
(i) Category A; or
(ii) Category B as a high risk.
(B) A pest or pathogen does not
pose a serious likelihood of harm which is contained within:
(i) Category B as a low risk; or
(ii) Category C.
(2) The difficulty of containment
of the pest or pathogen is evaluated as follows:
(A) Considered is the adequacy of the
confinement facility to prevent escape.
(B) The life stages, quantity, size, and
mobility of the pest are evaluated.
(C) Human traffic patterns are assessed as
they bear upon the probability of contamination or dissemination of the
pest.
(D) The cleanliness of the
containment area is reviewed.
(3) The nature of the work of the applicant
is evaluated as follows:
(A) The purposes to
be served by the permit are considered. Examples of purposes include the
following:
(i) Taxonomy.
(ii) Chemical analysis.
(iii) Pesticide screening.
(iv) Behavior.
(v) Inoculation.
(vi) Isolation.
(vii) Characterization.
Work which is likely to enhance scientific awareness is favored over work which is not.
(B) The techniques and processes are
considered which are required for rearing or culturing the pest or
pathogen.
(C) The length of time
which a pest or pathogen will be contained is determined.
(D) Determined is the number of shipments
which will be required during the effectiveness of the proposed
permit.
(4) The chance
of establishment of the pest or pathogen if an escape occurs is evaluated as
follows:
(A) The availability of known hosts
is determined.
(B) Climatic
conditions are considered, including the time of year when the proposed permit
would be effective.
(C) The ability
of the pest or pathogen for survival through a winter or a summer, to become
dormant, or to otherwise rest in a viable condition is determined.
(D) The reproductive potential of the pest or
pathogen is considered. Factors include parthenogenesis and vegetative
states.
(5) The
experience of the permit applicant and employees is evaluated as follows:
(A) The demonstrated awareness of the
applicant for the risk posed by dissemination of the pest or pathogen is
considered.
(B) The appreciation
expressed by the applicant for security needs is weighed.
(C) The willingness of the applicant for
cooperation is determined relative to the department and other regulatory
agencies.
(6) The
containment features of the site where the pest or pathogen will be maintained
are evaluated as follows:
(A) Containment
features must be described in the permit application which will reduce the
probability of pest or pathogen escape.
(B) The specific features used for the
containment of a pest or pathogen will depend on the category of the pest or
pathogen, the conditions prescribed on a permit, and the kind of organism, but
the following general standards apply:
(i)
Walls ordinarily shall be white and shall be covered with a smooth coating of
paint or with plasterboard sealed at panel seams, inside corners, and joints
with the floor and ceiling.
(ii)
Ceilings shall be painted white.
(iii) Floors shall be covered with smooth
painted concrete or covered with asphalt tile.
(iv) Vents, air intakes, and drains shall be
covered with sufficient mesh to prevent an escape of the pest or pathogen.
Containment screen sizes are commonly fifty (50), sixty (60), or one hundred
(100) mesh.
(v) Windows shall be
sealed in frames and permanently closed.
(vi) Light fixtures, electrical service
outlets, and other equipment which penetrates the walls, ceilings, and floors
shall be sealed to prevent the entry or escape of pests or pathogens.
(vii) Air conditioning supply and return
ducts shall be fitted with appropriate filters.
(viii) A secure waste trap shall be affixed
to the drainage system.
(ix) Entry
doors shall be kept closed and shall be locked when the room is
unoccupied.
(x) A warning sign
shall be posted at the entrance to the containment area to deter the entry of
unauthorized personnel.
(xi) Access
to the containment area shall be limited to the permittee and employees
authorized to participate in the permit.
(xii) An incinerator or autoclave shall be
maintained in the containment area to sterilize or devitalize all
wastes.
(xiii) Pests or pathogens
shall be held in secure cages within the containment area.
(xiv) A blacklight trap shall be activated in
the containment area if arthropods are involved.
(xv) A greenhouse shall be air conditioned
and its humidity controlled, with wire reinforcement and glass panels, sealed
both inside and outside.
(d) General conditions applicable to any
permit issued under this section are as follows:
(1) A pest or pathogen shall be shipped in
sturdy containers which will prevent escape.
(2) Packing material and shipping containers
shall be sterilized or destroyed immediately after removing the pest or
pathogen at the confined area.
(3)
With respect to parasitic plant seeds, the shipments shall be within a metal
container enclosed within another metal container. A person who handles
parasitic plant seeds shall wear a plastic or rubber apron, cuffless trousers,
plastic gloves, and disposable shoe covers.
(4) Rearing or culturing of pests or
pathogens is prohibited.
(5) Plant
material is limited to the minimum sections of leaves needed to perform the
purposes of the permit. Soil and plant materials capable of propagation are
prohibited.
(6) Necessary
precautions shall be taken to prevent the escape of a pest or pathogen. A
permittee must contact the division as soon as practicable if an escape occurs,
but not later than twenty-four (24) hours after the occurrence.
(e) Conditions applicable to a
high risk permit, as described in subsection (c)(1)(A), are as follows:
(1) The arrival of every shipment of pests or
pathogens at the containment area shall be reported immediately to the
division.
(2) With respect to
insects, the shipments shall be limited to one (1) sex and be subject to
verification.
(3) With respect to
parasitic plant seeds, the shipments shall be within a metal container enclosed
within another metal container. A person who handles parasitic plant seeds
shall wear a plastic or rubber apron, cuffless trousers, plastic gloves, and
disposable shoe covers.
(4) Rearing
or culturing of pests or pathogens is prohibited.
(5) Plant material is limited to the minimum
sections of leaves needed to perform the purposes of the permit. Soil and plant
materials capable of propagation are prohibited.
(6) Plant inoculation tests shall be
conducted only within growth chambers or biochemical chambers.
(7) The termination of the research project
and the destruction of all pests or pathogens and infected materials shall be
reported immediately to the division.
Notes
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