301.92 Phytophthora ramorum

Federal Domestic Quarantine

Sec. 301.92 Restrictions on interstate movement

(a) No person may move interstate from any quarantined area any regulated, restricted, or associated article or any other nursery stock except in accordance with this subpart.

(b) No person may move interstate from any nursery in any regulated area any nursery stock except in accordance with this subpart.

(c) No person may move interstate from any quarantined or regulated area any regulated restricted, or associated article or nursery stock that has been tested with a test approved by APHIS and found infected with Phytophthora ramorum, or that is part of a plant that was found infected with Phytophthora ramorum, unless such movement is in accordance with part 330 of this chapter.

Sec. 301.92-1 Definitions

Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.

Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture.

Associated article. Any article listed in 301.92-2(C) of this subpart.

Bark chips. Bark fragments broken or shredded from a log or tree.

Certificate. A document, stamp, or imprint by which an inspector or person operating under a compliance agreement affirms that a specified regulated or associated article meets applicable requirements of this subpart and may be moved interstate to any destination.

Compliance agreement. A written agreement between APHIS and a person engaged in growing, processing, handling, or moving regulated or associated articles, wherein the person agrees to comply with this subpart.

Duff. Decaying plant matter that includes leaf litter, green waste, stem material, bark, and any other plant material that, upon visual inspection, does not appear to have completely decomposed.

Firewood. Wood that has been cut, sawn, or chopped into a shape and size commonly used for fuel, or other wood intended for fuel.

Forest stock. All flowers, trees, shrubs, vines, scions, buds, or other plants that are wild-grown, backyard-grown, or naturally occurring.

From. An article is considered to be “from” a specific site or location for the purposes of this subpart if it was grown or propagated in, stored or sold, or distributed from the site or location.

Growing media. Any material in which plant roots are growing or intended for that purpose.

Inspector. Any employee of APHIS, the U.S. Department of Agriculture, or other person authorized by the Administrator to perform the duties required under this subpart.

Interstate. From any State into or through any other State.

Log. The bole of a tree; trimmed timber that has not been sawn further than to form cants.

Lot. A contiguous block of plants of the same species or cultivar, of the same container size and from the same source, if known.

Lumber. Logs that have been sawn into boards, planks, or structural members such as beams.

Moved (move, movement). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.

Mulch. Bark chips, wood chips, wood shavings, or sawdust, or a mixture thereof, that could be used as a protective or decorative ground cover or as part of a growing media mixture.

Non-host nursery stock. Any taxa of nursery stock not listed in 301.92-2 as a regulated or associated article.

Nursery. Any location where nursery stock is grown, propagated, stored, or sold, or any location from which nursery stock is distributed. Locations that grow trees for sale without roots (e.g., as Christmas trees) are considered to be nurseries for the purposes of this subpart.

Nursery stock. All plants for planting, including houseplants, propagative material that is grown in a nursery, and tree seedlings for reforestation, except the following: Seeds; turf or sod; bulbs, tubers, corms, or rhizomes; greenhouse grown cactus, succulents, and orchids; aquarium grown aquatic plants; greenhouse, container, or field grown palms; greenhouse, container, or field grown cycads, and tissue culture plants grown in vitro; and plants meeting the definition of forest stock.

Permit. A written authorization issued by APHIS to allow the interstate movement of restricted articles in accordance with part 330 of this chapter.

Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.

Plant Protection and Quarantine. The Plant Protection and Quarantine program of the Animal and Plant Health Inspection Service, United States Department of Agriculture.

Quarantined area. Any State, or any portion of a State, listed in 301.92-3(A)(3) of this subpart or otherwise designated as a quarantined area in accordance with 301.92-3(A)(2) of this subpart.

Regulated area. Any area listed in 301.92-3(B) of this subpart.

Regulated article. Any article listed in 301.92-2(B) of this subpart.

Restricted article. Any article listed in 301.92-2(A) of this subpart.

Soil. The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material.

State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.

Sec. 301.92-2 Restricted, regulated, and associated articles; lists of proven hosts and associated plant taxa.

(A) Restricted articles. The following are restricted articles:

1. Bark chips or mulch located in a quarantined area that are proven host plant taxa listed without asterisks in 301.92-2 (D)

2. Forest stock located or grown in a quarantined area and that are proven host plant taxa or associated plant taxa listed in paragraph (D) or (E) of this section.

3. Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum, if an inspector notifies the person in possession of the product or article that it is a restricted article.

(B) Regulated articles. The following are regulated articles:

1. Nursery stock, decorative trees without roots, unprocessed wood and wood products, and plant products, including firewood, logs, lumber (firewood, logs and lumber of species listed in paragraph (d) of this section and that are marked with an asterisk* are not regulated articles), wreaths, garlands, and greenery of proven host plant taxa listed in paragraph (D) of this section.

2. Soil and growing media.

3. Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum if an inspector notifies the person in possession of the product or article that it is subject to the restrictions in the regulations.

(C) Associated articles. The following are associated articles:

1. Nursery stock of associated plant taxa listed in paragraph (E) of this section.

(D) Proven host plant taxa. The following are proven hosts of Phytophthora ramorum:

* Acer macrophyllum- Bigleaf maple

Acer pseudoplatanus- Planetree maple

* Adiantum aleuticum- Western maidenhair fern

* Adiantum jordanii- California maidenhair fern

* Aesculus californica- California buckeye

Aesculus hippocastanum- Horse chestnut

* Arbutus menziesii- Madrone

* Arctostaphylos manzanita- Manzanita

* Calluna vulgaris- Scotch heather

* Camellia spp.- Camellia (all species, hybrids, cultivars)

* Castanea sativa- Sweet chestnut

Fagus sylvatica- European beech

* Frangula californica (/=Rhamnus californica)- California coffeeberry

* Frangula purshiana (=/Rhamnus purshiana)- Cascara

Fraxinus excelsior- European ash

* Griselinia littoralis- Griselinia

* Hamamelis virginiana- Witch hazel

* Heteromeles arbutifolia- Toyon

* Kalmia spp.- Kalmia (all species, hybrids, cultivars)

*Laurus nobilis- Bay laurel

Lithocarpus densiflorus- Tanoak

*Lonicera hispidula- California honeysuckle

*Magnolia doltsopa (=Michelia doltsopa) (Michelia)

* Maianthemum racemosum (=Smilacina racemosa)- False Solomon’s seal

* Parrotia persica- Persian ironwood

* Photinia fraseri- Red tip photinia

* Pieris spp.- Pieris (all species, hybrids, and cultivars)

* Pseudotsuga menziesii var. menziesii and all nursery-grown P. menziesii- Douglas fir

Quercus agrifolia- Coast live oak

Quercus cerris- European turkey oak

Quercus chrysolepis- Canyon live oak

Quercus falcata- Southern red oak

* Quercus ilex- Holm oak

Quercus kelloggii- California black oak

Quercus parvula var. shrevei and all nursery grown Q. parvula- Shreve’s oak

* Rhododendron spp.- Rhododendron (including azalea) – includes all species, hybrids and cultivars

* Rosa gymnocarpa- Wood rose

* Salix caprea- Goat willow

* Sequoia sempervirens- Coast redwood

* Syringa vulgaris- Lilac

* Taxus baccata- European yew

* Trientalis latifolia- Western starflower

* Umbellularia californica- California bay laurel, pepperwood, Oregon myrtle

* Vaccinium ovatum- Evergreen huckleberry

* Viburnum spp-. Viburnum (all species, hybrids, and cultivars)

(E) Associated plant taxa. The following plant taxa are considered to associated with Phytophthora ramorum

Abies concolor- White fir

Abies grandis- Grand fir

Abies magnifica- Red fir

Acer circinatum- Vine maple

Acer davidii- Striped bark maple

Acer laevigatum- Evergreen maple

Arbutus unedo- Strawberry tree

Arctostaphylos columbiana- Manzanita

Arctostaphylos uva-ursi- Kinnikinnick, bearberry

Ardisia japónica- Ardisia

Berberis diversifolia (=Mahonia aquifolium) (Oregon grape)

Calycanthus occidentalis- Spicebush

Ceanothus thyrsiflorus- Blueblossom

Cercis chinense (Chinese redbud)

Cinnamomum camphora- Camphor tree

Clintonia andrewsiana- Andrew’s clintonia bead lily

Cornus kousa x Cornus capitata- Cornus Norman Haddon

Corylopsis spicata- Spike winter hazel

Corylus cornuta- California hazelnut

Drimys winteri- Winter’s bark

Dryopteris arguta- California wood fern

Euonymus kiautschovicus- Spreading euonymus

Fraxinus latifolia- Oregon ash

Garrya elliptica- Silk tassel tree