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.
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
Eucalyptus haemastoma (Scribbly gum)
Euonymus kiautschovicus- Spreading euonymus
Fraxinus latifolia- Oregon ash
Garrya elliptica- Silk tassel tree
Gaultheria
shallon- Salal, Oregon wintergreen
Hamamelis
mollis- Chinese witch-hazel
Hamamelis x intermedia
(H. mollis & H. japonica)- Hybrid witchhazel
Ilex purpurea-
Oriental holly
Leucothoe
axillaris- Fetter-bush, dog hobble
Leucothoe
fontanesiana- Drooping leucothoe
Loropetalum
chinense- Lorapetalum
Magnolia
denudata x salicifolia (magnolia)
Magnolia
ernestii (=Michelia wilsonii) (Michelia)
Magnolia figo (=Michelia figo) (banana
shrub)
Magnolia grandiflora- Southern magnolia
Magnolia kobus (kobus
magnolia)
Magnolia liliiflora (=M. quinquepeta) (purple magnolia)
Magnolia maudiae (=Michelia maudiae) (Michelia)
Magnolia salicifolia (=M. proctoriana) (anise magnolia)
Magnolia stellata- Star magnolia
Magnolia x loebneri-
Loebner magnolia
Magnolia x soulangeana-
Saucer magnolia
Magnolia x thompsoniana (M. tripetala and M.
virginiana) (magnolia)
Manglietia
insignis- Red lotus tree
Nerium
oleander- Oleander
Nothofagus
obliqua- Roble beech
Osmanthus
decorus (/Phillyrea decora; /P. vilmoriniana)-
Osmanthus
Osmanthus
delavayi- Delavay Osmanthus, Delavay tea olive
Osmanthus
fragrans- Sweet olive
Osmanthus
heterophyllus- Holly olive
Osmorhiza
berteroi- Sweet Cicely
Parakmeria
lotungensis- Eastern joy lotus tree
Physocarpus opulifolius- Ninebark
Prunus
laurocerasus- English laurel, cherry laurel
Prunus
lusitanica- Portuguese laurel cherry
Pyracantha koidzumii- Formosa firethorn
Quercus acuta-
Japanese evergreen oak
Quercus
petraea- Sessile oak
Quercus
rubra- Northern red oak
Rosa (specific
cultivars)-
Royal Bonica (tagged:
“MEImodac”)
Pink Meidiland (tagged:
“MEIpoque”)
Pink Sevillana (tagged:
“MEIgeroka”)
Rosa rugosa-
Rugosa rose
Rubus spectabilis- Salmonberry
Schima
wallichii- Chinese guger tree
Taxus brevifolia- Pacific yew
Taxus x media-
Yew
Torreya californica- California nutmeg
Toxicodendron diversilobum- Poison oak
Vancouveria planipetala- Redwood ivy
Sec. 301.92-3 Quarantined and
regulated areas
(A)
Quarantined areas.
1.
Except as otherwise provided in paragraph (A)(2) of
this section, the Administrator will list as a quarantined area in paragraph
(A)(3) of this section each State, or each portion of a State, in which Phytophthora
ramorum has been confirmed by an inspector to be established in the natural
environment, in which the Administrator has reason to believe that Phytophthora
ramorum is present in the natural environment, or that the Administrator
considers necessary to quarantine because of its inseparability for quarantine
enforcement purposes from localities in which Phytophthora ramorum has
been found in the natural environment.
Less than an entire State will be designated as a quarantined area only
if the Administrator determines that:
(i) The State
has adopted and is enforcing restrictions on the intrastate movement of the
regulated, restricted, and associated articles that are substantially the same
as those imposed by this subpart on the interstate movement of regulated,
restricted, and associated articles; and
(ii) The designation
of less than the entire State as a quarantined area will prevent the interstate
spread of Phytophthora ramorum.
2. The Administrator or an inspector may
temporarily designate any nonquarantined area in a State as a quarantined area
in accordance with paragraph (A)(1) of this section. The Administrator will give a copy of this
regulation along with a written notice for the temporary designation to the
owner or person in possession of the nonquarantined area. Thereafter, the interstate movement of any
regulated, restricted, or associated article from an area temporarily
designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be
added to the list in paragraph (A)(3) of this section or the designation will
be terminated by the Administrator or an inspector. The owner or person in possession of an area
for which designation is terminated will be given notice of the termination as
soon as practicable.
3. The
following areas are designated as quarantined areas:
Alameda County. The entire county.
Contra Costa
County. The entire county.
Humboldt County. The entire county.
Lake County. The entire county.
Marin County. The entire county.
Mendocino County. The entire county.
Monterey County. The entire county.
Napa County. The entire county.
San
Francisco County. The entire
county.
San Mateo County. The entire county.
Santa Clara
County. The entire county.
Santa Cruz County. The entire county.
Solano County. The entire county.
Sonoma County. The entire county.
OREGON
Curry County. That portion of the county as follows: In T. 39 S., R. 13 W., secs. 32,33 and 34; T.
40 S., R. 13 W., secs 3, 4, 5, 8, 9, 10, southeast quarter of sec 11, southwest
quarter of sec. 12, northwest quarter of sec. 13, northeast quarter of secs.
14, 15, 16, and 17, east half of sec.
18, east half of secs. 19, 20, 21, 22, 28, and 29, northwest quarter of secs.
30, 32, 33 and 34; T. 40 S., R. 14 W., southeast quarter of sec.23, southwest
quarter of 24, northwest quarter of sec. 25, and northeast quarter of sec. 26.
(B)
Regulated areas. The following areas
are designated as regulated areas:
CALIFORNIA
All
counties in the State not listed in paragraph (A) of this section as
quarantined areas.
OREGON
All areas
in the State not listed in paragraph (A) of this section as quarantined areas.
WASHINGTON
The entire
State.
Sec. 301.92-4 Conditions governing the interstate movement of regulated, restricted, and associated articles, and non-host nursery stock from quarantined and regulated areas.
Regulated,
restricted and associated articles and non-host nursery stock may be moved
interstate from quarantined and regulated areas only if moved in accordance
with this section.
(A) Interstate movement of regulated and associated
articles from quarantined areas.
Regulated and associated articles may be moved interstate from a
quarantined area only in accordance with this subpart.
1. With a certificate. Any regulated or associated article may be
moved interstate from a quarantined area if accompanied by a certificate issued
and attached in accordance with 301.92-5 and 301.92-8, and provided that the
regulated or associated article is moved through the quarantined area without
stopping except for refueling, rest stops, emergency repairs, and for traffic
conditions, such as traffic lights or stop signs.
2. Without a certificate.
(i) The
regulated or associated article originated outside the quarantined area and the
point of origin of the article is indicated on the waybill of the vehicle
transporting the article; and
(ii) The regulated or associated article is moved
from outside the quarantined area through the quarantined area without stopping
except for refueling or for traffic conditions, such as traffic lights or stop
signs, and the article is not unpacked or unloaded in the quarantined area.
(B)
Interstate movement of restricted articles from quarantined areas. Restricted articles may be moved interstate
from a quarantined area only in accordance with this section.
1. With a
permit. Any restricted
article may be moved interstate from a quarantined area only if the article is
moved pursuant to a permit issued by the Administrator in accordance with part
330 of this chapter.
2. Without a permit.
(i) The
restricted article originated outside the quarantined area and the point of
origin of the article is indicated on the waybill of the vehicle transporting
the article; and
(ii) The restricted article is moved from outside
the quarantined area through the quarantined area without stopping except for
refueling or for traffic conditions, such as traffic lights or stop signs, and
the article is not unpacked or unloaded in the quarantined area.
(C)
Interstate movement of nursery stock from nurseries in quarantined areas.
1. Regulated articles of nursery stock and
associated articles. Regulated
articles of nursery stock and associated articles may only be moved interstate
from nurseries in quarantined areas in accordance with paragraph (A) of this
section
2. Non-host
nursery stock. Any nursery stock
of taxon not listed in 301.92-2 as a regulated or associated article may only
be moved interstate from nurseries in quarantined areas as follows:
(i) With a certificate. If the non-host nursery stock originates from
a nursery in a quarantined area that contains regulated or associated articles,
the nursery stock must be accompanied by a certificate issued and attached in
accordance with 301.92-5 and 301.92-8, and be moved through the quarantined
area without stopping except for refueling, rest stops, emergency repairs, and
for traffic conditions, such as traffic lights or stop signs.
(ii)
Without a certificate. If
the non-host nursery stock originates from a nursery in a quarantined area that
does not contain regulated or associated articles, the nursery stock may be
moved interstate without a certificate, provided that:
(a) The nursery from which plants originate
has been inspected and found free of evidence of Phytophthora ramorum in
accordance with 301.92-11(B)(3), and
(b) The nursery stock is not rooted
in soil or growing media.
(D)
Interstate movement of nursery stock from nurseries in regulated areas.
1. Regulated and associated articles
of nursery stock. Regulated
articles of nursery stock and associated articles may only be moved interstate
from nurseries in regulated areas if accompanied by a certificate issued and
attached in accordance with 301.92-5 and 301.92-8, and provided that, if moved
through a quarantined area en route to another State, the regulated articles of
nursery stock or associated articles are moved through the quarantined area
without stopping except for refueling, rest stops, emergency repairs, and for
traffic conditions, such as traffic lights or stop signs.
2. Non-host nursery stock. Any nursery stock of a taxon not listed in
301.92-2 as a regulated or associated article may only be moved interstate from
nurseries in regulated areas as follows:
(i) With a certificate. If non-host nursery stock originates from a nrusery in a regulated area that contains regulated or associated articles, the nursery stock must be accompanied by a certificate issued and attached in accordance with 301.92-5 and 301.92-8, and provided that, if moved through a quarantined area en route to another State, the nursery stock is moved through the quarantined area without stopping except for refueling, rest stops, emergency repairs, and for traffic conditions, such as traffic lights or stop signs.
(ii) Without
a certificate. If non-host nursery
stock originates from a nursery in a regulated area that does not contain
regulated or associated articles, the nursery stock may be moved interstate
without a certificate, provided that the nursery from which plants originate
has been inspected and found free of evidence of Phytophthora ramorum
in accordance with 301.92-11(D)(3).
Sec. 301.92-5 Issuance and cancellation of certificates.
(A) Movements
from quarantined areas.
1. An inspector may issue a
certificate for the interstate movement of regulated articles, associated
articles, or non-host nursery stock from a quarantined area if the
inspector determines that:
(i) The
regulated articles have been treated under the direction of an inspector in
accordance with Sec. 301.92-10 of this subpart or part 305 of this chapter; or
(ii) The
regulated articles are wood products such as regulated host species of
firewood, logs, or lumber that are free of bark; or
(iii)
The regulated article is soil that has not been in
direct physical contact with any article infected with Phytophthora ramorum,
and from which all duff has been removed.
(iv) The articles
are nursery stock or regulated articles of decorative trees without roots,
wreaths, garlands, or greenery that:
(a) Are shipped from a nursery or premises in a
quarantined area that has been inspected annually in accordance with the
inspection and sampling protocol described in Sec. 301.92-11(A)(1) of this
subpart, and that has been found free of Phytophthora ramorum; and
(b) Are part of a shipment of nursery stock,
decorative trees without roots, wreaths, garlands, or greenery that has been
inspected prior to interstate movement in accordance with Sec. 301.92-11(A)(2)
of this subpart, and that has been found free of Phytophthora ramorum;
and
(c) Have been
kept separate from regulated and associated articles and non-host nursery stock
not inspected between the time of the inspection and the time of interstate
movement; and
(d) Have not
been grown in, or moved from, other areas within a quarantined area except
nurseries that are annually inspected for Phytophthora ramorum in accordance
with 301.92-11, and that have been found free of evidence of Phytophthora
ramorum infestation, except that certified nurseries which receive articles
from a non-certified nursery in a quarantined or regulated area may continue to
ship other plants interstate, provided that the uncertified plants are
safeguarded, segregated, and withheld from interstate movement until the plants
are inspected and tested and found free of evidence of Phytophthora ramorum.
(v) The
regulated or associated article or non-host nursery stock is to be moved in
compliance with any additional emergency conditions the Administrator may
impose under section 414 of the Plant
Protection Act (7 U.S.C. 7714) to prevent the spread of Phytophthora ramorum;
and
(vi)The
regulated or associated article or non-host nursery stock is eligible for
unrestricted movement under all other Federal domestic plant quarantines and
regulations applicable to the regulated or associated article.
2. Reserved
(B)
Movements from regulated areas.
1. An inspector may issue a
certificate for the interstate movement of regulated articles of nursery stock,
associated articles, or non-host nursery stock from a nursery in a regulated
area if an inspector determines that:
(i)
The nursery from which the nursery stock originates
has been inspected in accordance with 301.92-11(C) and found free of Phytophthora
ramorum infestation; and
(ii)
All nursery
stock in the nursery have not been grown in, or moved from, nurseries except
those that have been inspected for Phytophthora ramorum in accordance
with 301.92-11 (C) and that have been found free of evidence of Phytophthora
ramorum infestation, except that certified nurseries which receive articles
from a non-certified nursery in a quarantined or regulated area may continue to
ship other plants interstate, provided that the uncertified plants are
safeguarded, segregated, and withheld from interstate movement until the plants
are inspected and tested and found free of evidence of Phytophthora ramorum;
and
(iii)
The nursery stock is to be moved in compliance with
any additional emergency conditions the Administrator may impose under section
414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of Phytophthora
ramorum; and
(iv)
The nursery stock is eligible for unrestricted
movement under all other Federal domestic plant quarantines and regulations
applicable to the nursery stock.
2. Reserved.
(C) Certificates
issued under paragraphs (A) and (B) of this section may be issued by any
person engaged in the business of growing, processing, handling, or moving
regulated or associated articles or nursery stock provided such person has
entered into and is operating under a compliance agreement in accordance with
301.92-6. Any such person may execute and issue a certificate for the
interstate movement of regulated or associated articles or nursery stock if an
inspector has previously made the determination that the article is eligible
for a certificate in accordance with any applicable section of this subpart.
(D) Any
certificate that has been issued may be withdrawn, either orally or in
writing, by an inspector if he or she determines that the holder of the
certificate has not complied with all conditions in this subpart for the use of
the certificate. If the withdrawal is oral, the withdrawal and the reasons for
the withdrawal will be confirmed in writing as promptly as circumstances allow.
Any person whose certificate has been withdrawn may appeal the decision in
writing to the Administrator within 10 days after receiving the written
notification of the withdrawal. The appeal must state all of the facts and
reasons upon which the person relies to show that the certificate was
wrongfully withdrawn. As promptly as circumstances allow, the Administrator
will grant or deny the appeal, in writing, stating the reasons for the
decision. A hearing will be held to resolve any conflict as to any material
fact. Rules of practice concerning a hearing will be adopted by the
Administrator.
Sec.
301.92-6 Compliance agreements and cancellation.
(A) Any person
engaged in growing, processing, handling, or moving regulated articles,
associate articles, or non-host nursery stock may enter into a compliance
agreement when an inspector determines that the person understands this subpart,
agrees to comply with its provisions, and agrees to comply with all the
provisions contained in the compliance agreement.
(B) Any
compliance agreement may be canceled, either orally or in writing, by an
inspector whenever the inspector finds that the person who has entered into the
compliance agreement has failed to comply with this subpart. If the
cancellation is oral, the cancellation and the reasons for the cancellation
will be confirmed in writing as promptly as circumstances allow. Any person whose
compliance agreement has been canceled may appeal the decision, in writing,
within 10 days after receiving written notification of the cancellation. The
appeal must state all of the facts and reasons upon which the person relies to
show that the compliance agreement was wrongfully canceled. As promptly as
circumstances allow, the Administrator will grant or deny the appeal, in
writing, stating the reasons for the decision. A hearing will be held to
resolve any conflict as to any material fact. Rules of practice concerning a
hearing will be adopted by the Administrator.
Sec. 301.92-7 Availability of inspectors; assembly for inspection.
(A) Any person
(other than a person authorized to issue certificates under Sec. 301.92-5(C) of
this subpart) who desires to move a regulated or associated article or non-host
nursery stock interstate accompanied by a certificate must notify an inspector
as far in advance of the desired interstate movement as possible, but no less
than 48 hours before the desired time of inspection.
(B) The
regulated or associated article or non-host nursery stock must be assembled at
the place and in the manner the inspector designates as necessary to comply
with this subpart.
Sec. 301.92-8 Attachment and disposition of certificates and record keeping.
(A) A
certificate required for the interstate movement of a regulated article,
associated article, or non-host nursery stock must, at all times during the
interstate movement, be:
1. Attached to the outside of the
container containing the regulated article, associated article, or non-host
nursery stock; or
2. Attached to the regulated article,
associated article, or non-host nursery stock itself if not in a container; or
3. Attached to the consignee's copy
of the accompanying waybill. If the certificate is attached to the consignee's
copy of the waybill, the regulated article, associated article, or non-host
nursery stock must be sufficiently described on the certificate and on the
waybill to identify the regulated article, associated article, or non-host
nursery stock.
(B) The
certificate for the interstate movement of a regulated article, associated
article, or non-host nursery stock must be furnished by the carrier to the
consignee listed on the certificate upon arrival at the location provided on
the certificate.
(C) All nurseries that are
operating under compliance agreements must maintain records of all incoming
shipments of plants for a minimum of 24 months and must make them available to
inspectors upon request. In addition,
all nurseries that are operating under compliance agreements, except retail
dealers, must maintain records of outgoing shipments for a minimum of 24 months
and must make them available to inspectors upon request.
Sec. 301.92-9 Costs and charges.
The
services of the inspector during normal business hours (8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays) will be furnished without cost. The
user will be responsible for all costs and charges arising from inspection and
other services provided outside normal business hours.
Sec.
301.92-10 Treatments.
Treatment
schedules listed in part 305 of this chapter are authorized for use on certain
regulated articles to prevent the spread of Phytophthora ramorum. The
following treatments also may be used for the regulated articles indicated:
(A) Soil-
Heat to a temperature of at least 180o F at the center of the load
for 30 minutes in the presence of an inspector.
(B) Wreaths,
garlands, and greenery of host material- Dip for 1 hour in water that is
held at a temperature of at least 160o F.
(C) Bay
leaves- Treat with vacuum heat in accordance with part 305 of this
chapter.
Sec. 301.92-11 Inspection and sampling protocol.
(A) Nurseries
in quarantined areas shipping regulated articles of nursery stock and
associated articles interstate. To meet the requirements of
301.92-5(A)(1)(iv), nurseries located in quarantined areas and that move
regulated articles of nursery stock, decorative trees without roots, wreaths,
garlands, or greenery, associated articles, or non-host nursery stock
interstate must meet the requirements in this section. Nurseries in quarantined areas that do not
meet the requirements of this section are prohibited from moving regulated
articles and associated articles interstate.
Nurseries in quarantined areas that do not meet the requirements of this
section or paragraph (B) of this section are prohibited from moving non-host
nursery stock interstate.
1. Annual inspection, sampling, and testing.
(i) Inspection. The nursery must be inspected annually
for symptoms of Phytophthora ramorum by an inspector. Inspectors will visually inspect for
symptomatic plants throughout the nursery, and inspection will focus on, but
not be limited to, regulated articles and associated articles.
(ii)
Sampling.
A minimum of 40 plant samples must be tested per nursery location. Samples must be taken from all symptomatic
plants if symptomatic plants are present.
If fewer than 40 symptomatic plants are present, each symptomatic plant
must be sampled and the remainder of the 40-sample minimum must be taken from
asymptomatic plants. If no symptomatic
plants are present, 40 asymptomatic plants must be sampled; biased toward
proven hosts. Each sample may contain
more than one leaf, and may come from more than one plant, but all plants in
the sample must be from the same lot.
Asymptomatic samples, if collected, must be taken from regulated and
associated articles and nearby plants.
Inspectors must conduct inspections at times when the best expression of
symptoms is anticipated and must take nursery fungicide programs into
consideration. Nursery owners must keep
records of fungicide applications for 2 years and must make them available to
inspectors upon request.
(iii)
Testing. Samples must be labeled and sent for
testing to a laboratory approved by APHIS and must be tested using a test
method approved by APHIS, in accordance with 301.92-12.
(iv)
Annual certification. If all plant
samples tested in accordance with this section and 301.92-12 return negative
results for Phytophthora ramorum, an inspector may certify that the
nursery is free of evidence of Phytophthora ramorum infestation at the
time of inspection, and the nursery will be eligible to enter into a compliance
agreement in accordance with 301.92-6.
2. Pre-shipment inspection, sampling, and
testing
(i) Inspection. During the 30 days prior to interstate
movement from a nursery in a quarantined area, regulated articles or associated
articles intended for interstate movement must be inspected for symptoms of Phytophthora
ramorum by an inspector. Inspection
will focus on, but not be limited to, regulated articles and associated
articles. No inspections of shipments will
be conducted unless the nursery from which the shipment originates has a
current and valid annual certification in accordance with paragraph (A)(1)(iv)
of this section.
(a) If no
symptomatic plants are found upon inspection, the shipment may be considered
free of evidence of Phytophthora ramorum infection and is eligible for
interstate movement, provided that the nursery is operating under a compliance
agreement with APHIS in accordance with 301.92-6.
(b) If
symptomatic plants are found upon inspection, the inspector will collect at
least one sample per symptomatic plant, and one sample per regulated article or
associated article that is in close proximity to, or that has had physical
contact with, a symptomatic plant.
(ii) Testing and
withholding from interstate movement. Samples taken in accordance with paragraph
(A)(2)(i)(b) of this section must be labeled and sent for testing to a
laboratory approved by APHIS and must be tested using a test method approved by
APHIS, in accordance with 301.92-12. The
interstate movement of plants in the shipment is prohibited until the plants in
the shipment are determined to be free of evidence of Phytophthora ramorum
infection in accordance with 301.92-12.
(B)
Nurseries in quarantined areas shipping non-host nursery stock interstate. Nurseries located in quarantined
areas and that move non-host nursery stock interstate must meet the
requirements of this paragraph or the requirements of paragraph (A) of this
section. If such nurseries contain any
regulated or associated articles, the nursery must meet the requirements of
paragraph (A). This paragraph (B) only
applies if there are no regulated or associated articles of nursery stock in
the nursery. Nurseries that do not meet
the requirements of paragraphs (A) or (B) of this section are prohibited from
moving non-host nursery stock interstate.
1. Annual
visual inspection. The
nursery must be visually inspected annually for symptoms of Phytophthora
ramorum. Inspections and
determinations of freedom from evidence of Phytophthora ramorum
infestation must occur at the time when the best expression of symptoms is
anticipated.
2.
Sampling. All plants showing symptoms of infection with Phytophthora
ramorum upon inspection will be sampled and tested in accordance with 301.92-12. If symptomatic plants are found upon
inspection, the following plants must be withheld from interstate shipment
until testing is completed and the nursery is found free of evidence of Phytophthora
ramorum in accordance with this paragraph (B)(3) of this section and
301.92-12: All symptomatic plants, any plants located in the same lot as the
suspect plant, and any plants located within 2 meters of this lot of plants.
3.
Certification. If all plant samples tested in accordance with
this section and 301.92-12 return
negative results for Phytophthora ramorum, or if an inspector determines
that plants in a nursery exhibit no signs of infection with Phytophthora
ramorum, the inspector may certify that the nursery is free of evidence of Phytophthora
ramorum infestation at the time of inspection. Certification is valid for 1 year and must be
renewed each year to continue shipping plants interstate.
(C) Nurseries in regulated areas shipping regulated articles of nursery stock or associated articles interstate. To meet the conditions of 301.92-5(B), any nursery that is located in a regulated area and contains regulated articles of nursery stock or associated articles, and ships any nursery stock interstate must meet the following requirements:
1. Annual inspection. The nursery must be inspected annually for symptoms of Phytophthora ramorum by an inspector. Inspections will focus on, but not be limited to, regulated articles of nursery stock and associated articles.
2. Sampling. Samples must be taken from all symptomatic plants. If fewer than 40 symptomatic plants are present, each symptomatic plant must be sampled and additional samples must be taken from asymptomatic plants so that the minimum number of plants sampled is 40. If no symptomatic plants are present, 40 asymptomatic plants must be sampled. Each sample may contain more than one leaf, and may come from more than one plant, but all plants in the sample must be from the same lot. If samples are collected from asymptomatic plants, the samples must be taken from regulated and associated articles and nearby plants. Inspectors must conduct inspections at times when the best expression of symptoms is anticipated and must take nursery fungicide programs into consideration. Nursery owners must keep records of fungicide applications for 2 years and must make them available to inspectors upon request.
3. Annual certification. If all plant samples tested in accordance with this section and 301.92-12 return negative results for Phytophthora ramorum, the inspector may certify that the nursery is free of evidence of Phytophthora ramorum infestation at the time of inspection. Nurseries in a regulated area must have current and valid certification to ship regulated articles of nursery stock and associated articles interstate. If annual certification expires prior to reinspection, all plants in the nursery are prohibited interstate movement until the nursery is inspected, tested, and re-certified in accordance with this section and 301.92-12.
(D) Nurseries in regulated areas shipping non-host nursery stock
interstate. Nurseries
located in regulated areas and that move non-host nursery stock interstate must
meet the requirements in this paragraph or the requirements of paragraph (C) of
this section. If such nurseries contain
any regulated or associated articles, the nursery must meet the requirements of
paragraph (C). This paragraph (D) only
applies if there are no regulated or associated articles in the nursery. Nurseries that do not meet the requirements
of paragraphs (C) or (D) of this section are prohibited from moving non-host
nursery stock interstate.
1. Annual
visual inspection. The
nursery must be visually inspected annually for symptoms of Phytophthora
ramorum. Inspections and
determinations of apparent pest freedom for such nurseries must occur at the
time when the best expression of symptoms is anticipated.
2.
Sampling. All plants showing symptoms infection
with Phytophthora ramorum upon inspection will be sampled and tested in
accordance with 301.92-12. If symptomatic plants are found upon inspection, the
following plants must be withheld from interstate shipment until testing is
completed and the nursery is found free of evidence of Phytophthora ramorum
in accordance with 301.92-12: All
symptomatic plants, any plants located in the same lot as the symptomatic
plant, and any plants located within 2 meters of that lot of plants.
3.
Certification. If all plant samples tested in accordance
with this section and 301.92-12 return
negative results for Phytophthora ramorum, or if an inspector determines
that plants in the nursery exhibit no signs of infection with Phytophthora
ramorum, the inspector may certify that the nursery is free of evidence of Phytophthora
ramorum infestation at the time of inspection. Certification is valid for 1 year and must be
renewed each year to continue shipping plants interstate.
(E) Additions to the list of proven hosts and associated
plants. In the event that APHIS
informs a nursery owner that additional proven hosts or associated plants
exist, but those taxa are not yet listed in this subpart, the following
provisions apply:
1. Nurseries
operating under a compliance agreement in accordance with 301.92-6 may continue
to ship plants interstate in accordance with this subpart.
2.
Nurseries that had not previously contained any
regulated or associated articles, and that had been inspected in accordance
with 301.92-11(B)(3) and allowed to ship plants interstate without certificate,
but that contain a newly identified proven host or associated plant must cease
interstate shipments of regulated articles and associated hosts until the
nursery is reinspected and found free of evidence of Phytophthora ramorum
in accordance with 301.92-11. Nurseries
that come under regulation during winter dormancy periods and that are not able
to be inspected in accordance with § 301.92-11 prior to desired shipments of
non-host nursery stock may be allowed to ship non-host nursery stock interstate
at the discretion of an inspector.
Sec. 301.92-12 Testing protocols.
Samples
must be analyzed using a methodology approved by APHIS at a laboratory approved
by APHIS. The following methodology is
approved by APHIS.
(A) Optional ELISA Prescreening. An APHIS-approved ELISA may be
used to prescreen plant samples to determine the presence of Phytophthora
spp.
1. Negative
prescreening results. If all
samples from a single nursery are found to be negative through APHIS-approved
ELISA prescreening, no further testing is required. The nursery may be
considered free of evidence of Phytophthora ramorum, and plants in the
nursery are eligible for interstate movement under certificate in accordance
with 301.92-5.
2.
Positive prescreening results. If ELISA prescreening reveals the
presence of Phytophthora spp. in any plants, each sample that returns
positive ELISA results must be tested as provided in paragraph (B) of this
section.
(B) Mandatory testing procedures. If ELISA prescreening is not
performed, or if results of ELISA prescreening are positive for Phytophthora
spp. in any sample, the sample must be analyzed using an APHIS-approved
test. Samples will be considered
positive for Phytophthora ramorum based on positive results of any
approved test. Positive PCR or other
molecular tests do not require confirmatory culture tests, nor do positive
culture tests require confirmatory PCR or other molecular tests; however, if
culture tests return other than positive results, an APHIS-approved PCR or
other molecular test must be conducted, as provided in paragraph (B)(1) of this
section.
1. PCR or
other molecular tests.
(i) Negative
results. If the results of
PCR or other molecular tests are negative for all samples in a nursery, no
further testing is required. The nursery may be considered free of evidence of Phytophthora
ramorum and plants in the nursery are eligible for interstate movement
under certificate in accordance with 301.92-5.
(ii)
Positive results. If any samples tested using PCR or other
molecular tests return positive results for Phytophthora ramorum, the
nursery from which they originate is prohibited from moving plants
interstate. The nursery will be eligible
to ship certain plants interstate when an inspector determines that those
plants are free of evidence of Phytophthora ramorum.
2.
Culture Test.
(i)
Negative results.
If the results of culture tests are other than positive for
any samples taken from a single nursery, plants in the nursery must continue to
be withheld from shipment in accordance with 301.92-11 and each plant sample
must be tested again using a PCR or other molecular test, as described in this
section.
(ii)
Positive results. If any culture tests return positive results
for Phytophthora ramorum, the nursery from which they originate is
prohibited from moving plants interstate as directed by an inspector. The nursery will be eligible to ship certain
plants interstate when an inspector determines that those plants are free of
evidence of Phytophthora ramorum.
(C) Other test methods. Other test
methods may be acceptable if approved by APHIS.