H*3525(Rat #0035, Act #0162 of 1997)  Joint Resolution, By Sharpe
 A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT
 DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP
 PEST COMMISSION UNTIL JUNE 30, 1998.

   02/25/97  House  Introduced, read first time, placed on calendar
                     without reference HJ-13
   02/26/97  House  Read second time HJ-20
   02/27/97  House  Read third time and sent to Senate HJ-12
   03/04/97  Senate Introduced and read first time SJ-20
   03/04/97  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-20
   03/05/97  Senate Recalled from Committee on Agriculture and
                     Natural Resources SJ-4
   03/05/97  Senate Read second time SJ-4
   03/05/97  Senate Unanimous consent for third reading on next
                     legislative day SJ-4
   03/06/97  Senate Read third time and enrolled SJ-27
   03/25/97         Ratified R 35
   03/31/97         Signed By Governor
   03/31/97         Effective date 03/31/97 and expires on June 30, 1998
   04/10/97         Copies available
   09/18/97         Act No. 162

A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP PEST COMMISSION UNTIL JUNE 30, 1998.

Whereas, Karnal bunt (Tilletia indica Mitra) is a disease which infects or is transmitted by common wheat, durum wheat, triticale, and possibly ryegrass seed; and

Whereas, Karnal bunt causes a loss of yield and a diminution of the value of these crops; and

Whereas, the United States Department of Agriculture has already quarantined specific areas of the United States; and

Whereas, wheat seed infested with spores of Karnal bunt has already been introduced into and planted in South Carolina; and

Whereas, the development and spread of Karnal bunt within this State will affect a crop worth over forty-four million dollars to the state's agricultural industry; and

Whereas, the situation demands emergency action by both the State Crop Pest Commission and the South Carolina Department of Agriculture. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Sales prohibited; regulations; etc.

SECTION 1. (A) No wheat, triticale, and/or ryegrass seed may be offered for sale or increase in South Carolina unless each lot of seed has either been:

(1) tested negative for the spores of Karnal bunt (Tilletia indica Mitra); or

(2) treated with an approved fungicide in accordance with label directions.

(B) Proof of negative test and/or treatment shall accompany each lot.

(C) For purposes of this section, a "lot" is any increment of five hundred bushels, or any part thereof.

(D) No wheat, triticale, or ryegrass seed may be introduced into South Carolina from any county or any state where the presence of the spores of Karnal bunt has been determined by the United States Department of Agriculture or other appropriate state regulatory agencies, unless the wheat, triticale, or ryegrass seed has tested negative for the presence of the spores of Karnal bunt.

(E) The South Carolina Department of Agriculture shall enforce the provisions of this section by appropriate action and regulations.

Karnal bunt declared plant pest; etc.

SECTION 2. (A) Karnal bunt (Tilletia indica Mitra) is declared a plant pest in accordance with Section 46-9-50, Code of Laws of South Carolina, 1976.

(B) The South Carolina State Crop Pest Commission shall, subject to the availability of federal and/or state appropriations, take measures to suppress and control Karnal bunt as are authorized by Sections 46-9-40 and 46-9-60 of the Code of Laws of South Carolina, 1976.

(C) Indemnity payments must be based on the value of the crop at the time of destruction. If the commission and the producer are unable to agree on a proper valuation, three appraisers must be appointed to determine the crop's value: one by the producer, one by the commission, and one by the South Carolina Department of Agriculture. The persons appointed must be familiar with grain production and pricing.

(D) The producer, if not satisfied with the crop's valuation, may thereafter bring suit in the circuit court in the county in which the crop was located. It is the producer's burden to demonstrate that the crop was not infected with Karnal bunt (Tilletia indica Mitra).

(E) Prior to using any state funds for indemnity payments, the commission shall determine that no federal funds are available. Payment of indemnity by the State of South Carolina is contingent upon funds being appropriated.

Time effective

SECTION 3. This joint resolution takes effect upon approval by the Governor and expires on June 30, 1998.

Approved the 31st day of March, 1997.