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.
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.
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.
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