301.45 GYPSY MOTH
Federal Domestic Quarantine
A. Pest. Gypsy moth (Lymantria dispar).
B. Regulated Areas.
* Portion of County
HIGH HAZARD AND LOW HAZARD DESIGNATIONS HAVE BEEN REMOVED.
NOTE: BROWN TAIL MOTH HAS BEEN REMOVED FROM FEDERAL DOMESTIC QUARANTINE NO. 301.45.
Minnesota. Counties of Cook, Lake.
Wisconsin. Counties of Adams, Ashland, Bayfield, Brown, Calumet, Clark, Columbia, Dane, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Iowa, Iron, Jackson, Jefferson, Juneau, Kenosha, Kewaunee, Langlade, Lincoln, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Monroe, Oconto, Oneida, Outagamie, Ozaukee, Portage, Price, Racine, Rock, Sauk, Shawano, Sheboygan, Vilas, Walworth, Washington, Waukesha, Waupaca, Waushara, Winnebago, and Wood.
C. Regulated Articles.
1. Trees without and with roots, and shrubs with roots and persistent woody stems, unless they are greenhouse grown throughout the year. (Also see Appendix C)
2. Logs, pulpwood and bark and bark products.
3. Mobile homes and associated equipment.
4. Any other products, articles, or means of conveyance, of any character whatsoever, when it is determined by an inspector that any life stage of gypsy moth is in proximity to such articles and the articles present a high risk of artificial spread of gypsy moth infestation and the person in possession thereof has been so notified.
**Requirements under all other applicable Federal domestic plant quarantines must also be met.
D. Restrictions. 1. Interstate movement of regulated articles and outdoor household articles (OHA) from generally infested areas.
a. Regulated articles and OHAs from generally infested areas.
1. Regulated articles, except as provided, shall not be moved interstate from any generally infested area into or through any area that is not generally infested without a certificate or permit.
2. OHAs shall not be moved interstate from any generally infested area into or through any area that is generally infested without a certificate or OHA document.
2. A regulated article originating outside of any generally infested area may be moved interstate directly through any generally infested area without a certificate or permit if the point of origin of the article is clearly indicated by shipping documents, its identity has been maintained, and it has been safeguarded against infestation while in any generally infested area during the months of April through August. To be safeguarded, the article must be in an enclosed vehicle, or completely enclosed by a covering adequate to prevent access by gypsy moths, such as canvas, plastic, or closely woven cloth.
3 A regulated article originating in a generally infested area may be moved interstate from a generally infested area without a certificate if it is moved by the U.S.D.A. under and is accompanied by a permit issued by the Administrator.
4. The article is logs, pulpwood, or bark and bark products, and the person moving the article has attached a signed accurate statement to the waybill or other shipping documents accompanying the article stating that he or she has inspected the article in accordance with the Gypsy Moth Program Manual no more than 5 days prior to the date of movement and has found no life stages of gypsy moth on the article.
E. Issuance and cancellation of certificates, limited permits, and outdoor household article documents.
1. A certificate may be issued by an inspector for the movement of a regulated article or an OHA if the inspector determines that it is eligible for certification for movement to any destination under all federal domestic plant quarantines applicable to such article and;
a. It has originated in non-infested premises in a generally infested area and has not been exposed to the gypsy moth while within the generally infested area; or
b. The inspector inspects the article no more than 5 days prior to the date of movement during the months of April through August (14 days prior to the date of movement from September through March) and finds it to be free of the gypsy moth; or
c. It has been treated under the direction of an inspector to destroy the gypsy moth in accordance with the treatment manual; or
d. It has been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby as determined by an inspector.
2. Limited permits may be issued by an inspector to allow interstate movement of any regulated article when the Administor has determined that such movement will not result in the spread of gypsy moth and the requirements of all other applicable federal domestic plant quarantines have been met.
3. Certificate and limited permit forms may be issued by an inspector to any person operating under a compliance agreement. That person may then issue and reproduce such forms for the interstate movement of regulated articles moved under a compliance agreement and found in compliance with all other applicable federal domestic plant quarantines.
4. A certificate may be issued by a qualified certified applicator for the interstate movement of any OHA or mobile home if such qualified certified applicator determines the following:
a. That the article has been inspected by the qualified certified applicator and found to be free of any life stage of the gypsy moth; or
b. That the article has been treated by, or treated under the direct supervision of the qualified certified applicator to destroy any life stage of the gypsy moth in accordance with methods and procedures prescribed in Section III of the Gypsy Moth Program Manual.
5. An OHA document may be issued by the owner of an OHA for the interstate movement of the article if such person has inspected the OHA and has found it to be free of any life stage of gypsy moth.
F. Compliance Agreements.
1. Any person engaged in the business of growing handling, or moving regulated articles may enter into a compliance agreement to facilitate movement. Qualified applicators may also enter into compliance agreements. Compliance agreements shall specify safeguards necessary to prevent the spread of gypsy moth.
2. Compliance agreements can be canceled by an inspector when the inspector finds that such person has failed to comply with the conditions of the agreement.
G. Assembly and Inspection of Regulated Articles and OHAs.
Persons desiring to move interstate a regulated article which must be accompanied by a certificate or permit shall, at least 7 days in advance, request an inspector to examine the article prior to movement. Persons desiring to move interstate an OHA accompanied by a certificate shall request the services of an inspector at least 14 days in advance. Persons desiring to move an OHA or a mobile home accompanied by a certificate issued by a qualified certified applicator shall request the services of the applicator prior to movement and shall assemble such articles as designated by the applicator.
H. Attachment and disposition of certificates, limited permits, and outdoor household article documents.
1. A certificate, limited permit, or OHA document required for the interstate movement of a regulated article or OHA must at all times during such movement be securely attached to the outside of the container containing the regulated article or OHA, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the waybill or other shipping document: provided, however, that the requirements of this section may be met by attaching the certificate, limited permit, or OHA document to the consignee's copy of the waybill or other shipping document only if the regulated article or OHA is sufficiently described on the certificate, limited permit, OHA document or shipping document to identify such article.
2. The certificate, limited permit, or OHA document for the movement of a regulated article or OHA shall be furnished by the carrier to the consignee at the destination of the shipment.
3. Any qualified certified applicator who issues a certificate or OHA document shall at the time of issuance send a copy of the certificate or OHA document to the APHIS officer in charge for the state in which the document is issued.
I. Inspection and Disposal of Regulated Articles and Pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles, OHAs, and gypsy moths as provided by the Plant Quarantine Act and Federal Plant Pest Act.
J. Movement of Live Gypsy Moths. Regulations governing the interstate movement of live gypsy moths in interstate or foreign commerce are contained within the Federal Plant Pest Regulations.
K. Disqualification of Qualified Certified Applicators. Any qualified certified applicator may be disqualified from issuing certificates: if such person is not a commercial certificated applicator, for noncompliance, or failure to obtain recertification as required.
BORDER STATION INSPECTION PROCEDURE FOR COMMERCIAL HOUSEHOLD GOODS SHIPMENTS
APPENDIX A 07-23-12
GYPSY MOTH – A4DITIONAL INFESTED AREAS
APPENDIX B 04-14-17
Regulated articles from the following areas do not require certification and may only be rejected for gypsy moth if a gypsy moth life stage is detected upon inspection. The following areas are considered to be infested with gypsy moth. Shipments from these areas which contain regulated articles should be issued a Warning-Hold Notice and inspected at destination.
1. Anoka County
10. Winona County
All counties except the following areas should be considered infested with gypsy moth:
1. Lincoln County
1. Henry County
2. Wythe County
1. Clay County
1. Green County
2. Taylor County
SPECIAL NOTE: Gypsy moth
egg masses have been found on foreign cargo ship containers. The gypsy moth
is known to occur in the
Mediterranean, North Africa, Western and Eastern Europe, Northern Japan and
WREATHES AND CUTTINGS
APPENDIX C 12-12-11
USDA has clarified that wreathes and tree cuttings are not a regulated
article under CFR 301.45 and do not require certification.