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FEDERAL DOMESTIC
QUARANTINE ORDER Epiphyas postvittana (Light Brown Apple Moth) DA-2016-28 May 16,
2016 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: https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/light-brown-apple-moth This May 16, 2016 Federal order supersedes previous Federal
Orders and relieves the trapping requirement for the light brown apple moth (Epiphyas
postvittana) on farms and premises that are eligible to move, under
certificate, any nursery stock, cut flowers, garlands, wreaths, or greenery
of any plants, trees and shrubs, and green waste in any regulated counties.
This relief is based on the absence of a risk-based reason to continue.
Continued delimitation trapping provides the required information on range
expansion and reduction. All interstate movement of LBAM regulated articles
from the quarantined areas must be done in accordance with the provisions of
this Federal Order. 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 list
of currently quarantined areas is provided at: https://www.aphis.usda.gov/plant_health/plant_pest_info/lba_moth/downloads/lbam-quarantine-areas.pdf
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: https://www.aphis.usda.gov/plant_health/plant_pest_info/lba_moth/downloads/exempted_host_list.pdf
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. D. Conditions for Interstate
Movement of Regulated Articles: 1) State of California – a. 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. b. In order to be
eligible for interstate movement under certificate, nursery stock, cut
flowers, garlands, wreaths or greenery of any plants, trees and shrubs
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: i. 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 that must occur every 30 days or more frequently based on pest
risk as approved by program supervisory personnel; and ii. 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. c. In order to be
eligible for interstate movement under certificate, nursery stock, cut
flowers, garlands, wreaths or greenery of any plants, green waste (except exempted commodities) located more
than 1.5 miles from a LBAM detection site from any of the quarantined
counties must meet the following conditions: i. 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 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 with the above two
conditions. d. 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 (https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/light-brown-apple-moth) 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 more frequently based on pest risk as approved by
program supervisory personnel 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 must
occur every 30 days or more frequently based on pest risk as approved by
program supervisory personnel to ensure the commodity and production site
remain 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 more
frequently based on pest risk as approved by program supervisory personnel to
ensure freedom from LBAM; and 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. Exempted Host List: A list of commodities
that are exempted from the LBAM program interstate movement requirements. 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. Isolated Population treatment area: A
geographically distinct, outlying population of a pest where – depending on site conditions – the program may take measures
to eradicate the pest from that local area. 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. |
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