FEDERAL DOMESTIC QUARANTINE ORDER

 

Epiphyas postvittana (Light Brown Apple Moth)

 

DA-2012-20

June 13, 2012

 

 

This Federal Order is issued pursuant to regulatory authority provided by the Plant Protection Act of June 20, 2000, as amended, Section 412(a), 7 U.S.C. 7712(a), which authorizes the Secretary of Agriculture to prohibit or restrict the movement in interstate commerce of any plant, plant part, or article if the Secretary determines the prohibition or restriction is necessary to prevent the dissemination of a plant pest within the United States.

 

The Administrator of the Animal and Plant Health Inspection Service (APHIS) considers it necessary, in order to prevent the dissemination of the LBAM, to implement a quarantine to establish restrictions on the interstate movement of certain regulated articles from areas in California and the State of Hawaii due to the presence of LBAM. Federal Orders relating to LBAM issued by the Administrator are located at the following APHIS, Plant Protection and Quarantine (PPQ) website: http://www.aphis.usda.gov/plant_health/plant_pest_info/lba_moth/index.shtml

 

 

This June 13, 2012 Federal order supersedes previous Federal Orders and updates the list of exempted articles as follows:

 

1. By adding the following commodities to the exempted articles list:

Allium cepa (onion); Allium sativum (garlic); Citrullus lanatus, Citrullus vulgaris (watermelon); Coriander sativum (cilantro); Cucumis melo (various melons); Daucus carota (carrot); Feoniculum vulgare (fennel); Gossypium hirsutum, Gossypium barbadense (cotton); Pistacia vera (pistachio); Prunus amygdalus, Prunus dulcis (almond); Punica granatum (pomegranate); Taraxacum officinale (dandelion green); and Ziziphus jujube (jujube).

2. By moving the exempted articles list to the PPQ LBAM webpage listed here:

http://www.aphis.usda.gov/plant_health/plant_pest_info/lba_moth/index.shtml

The Administrator will maintain the list of exempted articles after this Order is published, the Administrator will provide a description of each exempted article and any changes that have been made, and the date the list was updated. The Administrator will notify state regulatory authorities that a change has occurred.

 

All interstate movement of LBAM regulated articles from the quarantined areas must be done in accordance with the provisions of this Federal Order.

 

A. Quarantined Areas:

 

The Administrator will list as a quarantined area each state, or each portion of a state, in which LBAM has been confirmed by an inspector to be present, in which the Administrator has reason to believe that LBAM is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine effectiveness and enforcement purposes from localities in which LBAM has been found.

 

Designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:

 

1. The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and

2. The designation of less than the entire State as a quarantined area will prevent the interstate spread of LBAM.

 

The Administrator has determined that California has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed by the Administrator on the interstate movement of regulated articles; and that the designation of less than the entire State of California as a quarantine area will be sufficient to prevent the interstate spread of LBAM.

 

The Administrator or an inspector may temporarily designate any non-quarantine area as a quarantine area. The Administrator will give a copy of the Federal Order that is in effect at the time along with a written notice for the temporary designation of a non-quarantine area as a quarantine area to the owner or person in possession of the non-quarantine area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantine area will be subject to the Federal Order that is in effect at that time. As soon as practicable, the quarantined area will be added to the list of quarantined areas until the designation is 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.

 

 

The following areas are designated as quarantined areas:

 

State of California the counties of Alameda, Contra Costa, Los Angeles, Marin, Monterey, Napa, San Benito, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma and Yolo.

 

State of Hawaii all counties in accordance with 7 CFR Part 318.13-3.

 

 

B. Determination of Infestation:

 

The Administrator shall designate as a quarantined area each State, or each portion of a State, in which:

 

1. A total of two or more adult LBAM are trapped within 3 miles of each other and during the timeframe of one lifecycle as determined by the degree day model; or

2. A mated female LBAM is trapped; or

3. DNA analysis confirms the presence of one or more immature LBAMs; or

4. The Administrator considers it necessary to regulate the area due to its inseparability for quarantine enforcement purposes from localities in which LBAM has been found.

 

C. Regulated Articles:

 

1. The following regulated articles, except those specifically exempted as posted on the APHIS LBAM web page, and may not be moved interstate from a LBAM quarantined area except in accordance with this Federal Order:

 

a) Nursery stock,

b) Cut flowers;

c) Cut trees and shrubs, such as Christmas trees;

d) Garlands, wreaths, greenery and other green waste of any plants;

e) Fruits and vegetables;

f) Bulk fresh herbs and spices,

 

The current list of exempted articles is posted on the APHIS LBAM webpage:

http://www.aphis.usda.gov/plant_health/plant_pest_info/lba_moth/index.shtml

 

2. In addition, any other product, article, or means of conveyance is considered a regulated article if an inspector determines it to present a risk of spreading LBAM and the inspector notifies the person in possession of the product, article, or means of conveyance that it is subject to the restrictions in the regulations.

3. The following commercially produced fruits, vegetables, bulk fresh herbs, and nursery stock are not considered regulated articles:

 

a. Apium spp. (celery)

b. Asparagus officinalis (asparagus)

c. Beta spp. (beet)

d. Brassica spp. (bok choy, broccoli, brussel sprouts, cabbage, cauliflower, collards, kale, kohlrabi, and mustard)

e. Capsicum spp. (pepper)

f. Cucurbita spp. (pumpkin, squash)

g. Cynara scolymus (globe artichoke)

h. Daucus spp. (carrot; without tops)

i. Fragaria spp. (Dormant, frozen strawberry nursery stock grown by State certified producers)

j. Green hay

k. Juglans spp. (walnut)

l. Lactuca sativa (head lettuce, leaf lettuce)

m. Olea spp. (olive)

n. Opuntia spp. (tuna; both fruit and pad)

o. Petroselinum crispum (parsley)

p. Raphanus spp. (radish; without tops)

q. Solanum lycopersicum (tomato)

r. Solanum spp. (potato)

s. Spinacia oleracea (spinach)

t. Zea mays (sweet corn)

 

 

D. Conditions for Interstate Movement of Regulated Articles:

 

a) State of California

 

i. No regulated articles may be moved interstate from a quarantine area unless moved under a certificate issued by an inspector or person operating under a compliance agreement and in accordance with all applicable requirements of this Order.

 

ii. In order to be eligible for interstate movement under certificate, nursery stock, cut flowers, garlands, wreaths or greenery of any plants, and green waste (except exempted commodities) which are located 1.5 miles or less from a LBAM detection site in any of the quarantined counties must meet the following conditions:

 

1 Trapping for LBAM must occur on each premises or farm in a LBAM quarantined area that ships regulated articles interstate. Premises or farms that are larger than five acres must maintain traps at a density of one trap every five acres or less. Premises or farms that are equal to or less than five acres must be trapped with a minimum of one trap. Inspection of traps by an inspector must occur every 30 days or less; and

 

2 For movement of regulated articles of nursery stock or cut flowers, the place of production shall implement an integrated pest management program that includes regular inspections; and

 

3 Each shipment of articles intended for interstate movement must be inspected by an inspector and must have a certificate issued for interstate movement, but only if the articles are found free of any life stages of LBAM.

 

iii. In order to be eligible for interstate movement under certificate, nursery stock, cut flowers, garlands, wreaths or greenery of any plants, green waste which are located more than 1.5 miles from a LBAM detection site from any of the quarantined counties must meet the following conditions:

 

i. Trapping for LBAM must occur on each premises or farm in a LBAM quarantined area that ships regulated articles interstate. Premises or farms that are larger than five acres must maintain traps at a density of one trap every five acres or less. Premises or farms that are equal to or less than five acres must be trapped with a minimum of one trap. Inspection of traps by an inspector must occur every 30 days or less to ensure freedom from LBAM; and

 

ii. Each establishment or facility must be subjected to one visual inspection by an inspector to verify freedom from any LBAM life stages, including eggs, larvae, and pupae; and

 

iii. Each establishment that is inspected and found free of LBAM must be included in a master list of certified LBAM-free facilities maintained by CDFA to ensure compliance with the above two conditions.

 

iv. Fruits and vegetables, and bulk fresh herbs and spices (except exempted commodities) growing in areas 1.5 miles or less from a LBAM detection site in any of the isolated population treatment areas listed on the APHIS webpage (http://www.aphis.usda.gov/plant_health/ea/lbam.shtml) must meet the following condition:

 

Trapping for LBAM must occur at an approved trapping density and must be inspected by an inspector every 30 days or less to ensure freedom from LBAM

 

e. Fruits and vegetables, and bulk fresh herbs and spices (except exempted commodities) growing in areas 1.5 miles or less from a LBAM detection site in any of the quarantined counties other than isolated population treatment areas must meet the following condition:

 

Inspection by an inspector every 30 days or less to ensure commodity and production site remains free of LBAM

 

f. Fruits and vegetables and bulk fresh herbs and spices (except exempted commodities) growing in areas located more than 1.5 miles from a LBAM detection site in any of the quarantined counties must meet the following conditions:

i. Trapping for LBAM must occur at an approved trapping density and must be inspected by an inspector every 30 days or less to ensure freedom from LBAM;

 

ii. Each establishment that is inspected and found free of LBAM must be included in a master list of certified LBAM-free facilities maintained by CDFA to ensure compliance.

 

E. Definitions:

 

Certificate: A document in which an inspector, or person operating under a compliance agreement, affirms that a specified regulated article is eligible for interstate movement in accordance with this Order.

 

Degree day: A unit of measurement used to measure the amount of heat required to further the development of LBAM through its lifecycle. Degree day life cycle requirements are calculated through a modeling process specific to LBAM.

 

Green Hay: Any grass or legumes cut and stored that are used for animal feed.

 

Green waste: Vegetative material, such as leaves, grass clippings, weeds, yard, roadway and green space trimmings, wood waste, branches and stumps, home garden residues, and other miscellaneous plant materials.

 

Inspector: An employee of APHIS or other person authorized by the Administrator to enforce this Federal Order.

 

Light brown apple moth (LBAM): The live insect known as light brown apple moth (Epiphyas postvittana) in any life stage (egg, larva, pupa, adult).

 

Nursery stock: All field-grown florist's stock, trees, shrubs, vines, cuttings, grafts, scions, buds, and other plants and plant products for propagation, except field, vegetable, and flower seeds, fruit pits, and other seeds of trees or shrubs, bulbs, and roots.