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4.12.1508    CONDITIONS GOVERNING IMPORTATION OF MINT AND MINT ROOTSTOCK

(1)  No mint or mint rootstock shall enter Montana unless the following conditions are met:

(a)  The mint or mint rootstock is certified mint or mint rootstock which meets the following criteria:

(i)  The acreage from which the imported mint or mint rootstock originates is included in an official mint certification program which has been reviewed prior to importation by the committee and found to substantially meet or exceed the requirements of this rule; or

(ii)  The mint or mint rootstock has been inspected in the state of origin.   The inspection procedures used by the state of origin must be reviewed and approved by the head of the department of plant sciences and plant pathology, Montana state university and the mint committee prior to shipment of mint into Montana and must meet inspection criteria listed below:

(A)  The inspections shall be conducted at such times in the life cycle of the pests and mint wilt to maximize the ability of the mint inspector to detect the pests and mint wilt if present.   All mint rootstock fields shall be inspected according to the following procedure:

(I)  Based on the field inspection the samples shall be free of mint wilt and mint stem borer (0 tolerance)  .   The 0 tolerance for these pests applies to the life of the mint field.   The identity and level of pests detected shall be recorded and provided on the phytosanitary certificate for mint root borer, strawberry root weevil, mint flea beetle and wire worm; and

(II)  Two field inspections shall occur, one early in the growing season and one in early fall prior to harvest.   Feeder roots shall be analyzed for the root knot nematode and root lesion nematode.   Identification and level of infestation of the northern root knot nematode (Meloidogyne hapla)  and/or Columbia root knot nematode (Meloidogyne chitwoodii)  and root lesion nematode will be stated on the phytosanitary certificate.   It is the responsibility of the exporting state to assure that inspections have occurred at appropriate times.

(iii)  The person(s)  conducting the inspections must be able to demonstrate by education, training, and experience, the expertise necessary to identify mint wilt and mint pests.

(b)  The mint, mint rootstock, or mint plant tissue is tested by Montana state university and is determined to meet the tolerances of (1)  (a)  (ii)  (A)  above.   The head of the department of plant sciences and plant pathology, Montana state university and the mint committee may also review and approve other testing if they are satisfied that the testing meets the tolerances of (1)  (a)  (ii)  (A)  above; or

(c)  Nuclear stock may be imported when accompanied with a phytosanitary certificate confirming that the nuclear stock has been grown in sanitary, isolated, and environmentally

controlled conditions, and the nuclear stock is free of all pests and mint wilt.

(2)  Each lot of mint or mint rootstock shipped into Montana must be accompanied by a phytosanitary certificate which states:

(a)  The name, address, and phone number of the shipper; and

(b)  The general description of the field location(s)  where the mint or mint rootstock originated from;

(c)  The name, address, and phone number of the importer;

(d)  A statement that the mint or mint rootstock is certified mint or inspected according to the above defined procedure;

(e)  A statement declaring that, based on inspection of the mint or mint rootstock according to the above defined procedure, no mint wilt or mint stem borer have been found, and the identity and the level or amount of infestation for the root knot nematode, root lesion nematode, mint root borer, strawberry root weevil, mint flea beetle and wire worm infestations must be stated; and  

(f)  Each importing Montana grower will receive a copy of the phytosanitary certificate which contains the information in (2)  on the imported mint rootstock.   When possible these copies shall be provided to Montana growers prior to importation.

(3)  A copy of the phytosanitary certificate must be sent to the Montana department of agriculture by the agency responsible for plant pest regulations in the state of origin prior to importation of the mint or mint rootstock.   The department shall forward a copy of the phytosanitary certificate to the chairman of the Montana mint committee and the appropriate grower.

(4)  If any imported mint or mint rootstock is found to be in violation of these importation rules, the mint or mint rootstocks shall be shipped back to the exporting grower or destroyed at the discretion of the importer.   If the mint or mint rootstock has already been planted, the mint shall be destroyed by tillage or chemical means.   All such remedial actions shall be at the importing grower's expense.

History: Sec. 80-11-403, MCA; IMP, Sec. 80-11-401, MCA; NEW, 1995 MAR p. 1323, Eff. 7/14/95; AMD, 1997 MAR p. 1450, Eff. 8/19/97; AMD, 2001 MAR p. 165, Eff. 1/26/01.

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