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FEDERAL
DOMESTIC QUARANTINE ORDER: December 16, 2009 The
purpose and goal of this Federal Order is to prevent the spread of harmful citrus
diseases and vectors, one is the citrus greening disease (CG), also known as
Huanglongbing disease of citrus, caused by the bacterial pathogen Candidatus
Liberibacter asiaticus, and the
other is its vector the Asian citrus psyllid (ACP), Diaphorina citri Kuwayama.
This Federal Order is issued pursuant to Section 412(a) of the Plant
Protection Act of June 20, 2000, as amended, 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, article, or means of
conveyance if the Secretary determines that the prohibition or restriction is
necessary to prevent the introduction into the United States of a plant pest
or noxious weed or the dissemination of a plant pest or noxious weed within
the United States. The
Administrator of the Animal and Plant Health Inspection Service (APHIS) has
determined that it is necessary, in order to prevent the destructive and
harmful dissemination of CG and/or ACP, to establish restrictions on the
interstate movement of CG host material from quarantined areas in the States
of Florida, Georgia, and portions of Louisiana and South Carolina. In
addition, interstate movement of ACP host material from quarantined areas in
the States of Alabama, Arizona, California, Florida, Georgia, Hawaii,
Louisiana, Mississippi, South Carolina, and Texas, as well as the
Commonwealth of Puerto Rico and the Territory of Guam as described below in
this Federal Order. Citrus
greening disease, a highly injurious plant pest disease of citrus, has been
confirmed in the State of Accordingly,
the APHIS Administrator by this respective Federal Order is now revising the
November 20, 2009 Federal Order to prevent further spread of CG and of ACP.
This revised Federal Order amends the existing quarantine areas for ACP by
adding a portion of http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus_greening/index.shtml. Moreover,
pursuant to this Federal Order, a partial State quarantine of specific areas
is contingent upon affected States adopting parallel intrastate quarantines
or amending their existing intrastate quarantines. These intrastate
quarantines must provide equivalent controls for CG or ACP on the movement of
restricted articles from quarantined Counties within the respective States.
The provisions of these intrastate quarantines must be consistent with the
provisions in Sections I and II of this Federal Order. 1. Quarantined
Areas. The following areas are quarantined due to the presence of CG:
2. Restricted
Articles. The following articles are hosts of CG and are prohibited
from being moved interstate from areas quarantined due to the presence of CG:
The
following are restricted articles: (a)
All plants and plant parts, including but not limited to nursery stock,
cuttings, budwood, and propagative seed (but excluding fruit), of: Aeglopsis chevalieri, Balsamocitrus dawei, Bergera (=Murraya) koenigii, Calodendrum capense, X Citroncirus webberi, Citrus madurensis
(= X Citrofortunella microcarpa), Citrus spp., Clausena indica, C. lansium, Fortunella
spp., Limonia
acidissima,
Microcitrus
australasica,
Murraya
spp., Poncirus
trifoliata,
Severinia
buxifolia,
Swinglea glutinosa, Triphasia trifolia, Vepris (=Toddalia) lanceolata. (b)
Any other product, article, or means of conveyance, if an inspector
determines that it presents a risk of spreading CG,
and after the inspector provides written notification to the person in
possession of the product, article, or means of conveyance that it is subject
to the restrictions of the regulations. The
APHIS Administrator may allow the interstate movement and exportation of
restricted plants and/or nursery stock if it has been grown, produced,
handled, treated, and transported in a manner that, in the judgment of the
Administrator, prevents the restricted article from presenting a risk of
spreading CG. The APHIS Administrator has determined that restricted plants
and trees grown, produced, or maintained at a nursery or other facility
located in a quarantined area that are not eligible for interstate movement
under this Federal Order may be moved interstate, but only for immediate
exportation out of the United States. Accordingly, these restricted plants
and trees from II.
QUARANTINE FOR THE ASIAN CITRUS PSYLLID (ACP) 1. Quarantined
Areas. The following areas are quarantined due to the presence of the
ACP: Beginning
at Sections 19, and 28 through 35 of Township 5 South and Range 20 West;
Sections 15 through 36 of Township 5 South and Range 21 West; Sections 13 and
85 of Township 5 South and Range 22 West; Sections 7, 17 through 21, and
Sections 27 through 34 of Township 6 South and Range 19 West; All Sections of
Township 6 South and Range 20 West through 22 West; Section 31 of Township 7
South and Range 18 West; All Sections of Township 7 South and Range 19 West
through 22 West; Sections 6, 7, 18, 19, 30, and 31 of Township 8 South Range
18 West; All Sections of Township 8 South and Range 19 West through 24 West;
Sections 6, 7, 18 and 19 of Township 9 South and Range 18 West; All Sections
of Townships 9 South and Range 19 West through 25 West; Sections 1 through
23, 27 through 33 of Township 10 South and Range 19 West; All Sections of
Townships 10 South and Range 20 West through 25 West; Sections 5, 6, and 7 of
Township 11 South and Range 19 West; All Sections of Townships 11 South and
Range 20 West through 25 West; All Sections of Townships 12 South and Range
21 West through 23 West; All Sections of Townships 16 South and Range 21 East
and 22 East.
In
addition, the following areas remain under quarantine for ACP: Guam: All islands of the South Carolina: The following
Counties: Beaufort, Charleston, and Colleton. 2. Regulated
Articles because of the ACP quarantine: The following are regulated
articles based on the fact that they are plants or plant parts that are hosts
of ACP. Regulated articles may only be moved interstate from areas
quarantined due to the presence of the ACP in strict accordance with all of
the applicable requirements and restriction imposed by this Federal Order: The
following are regulated articles: All plants, budwood, cuttings, or other
fresh or live plant parts, except seed and fruit, of: Aegle marmelos, Aeglopsis
chevalieri, Afraegle gabonensis, A. paniculata, Atalantia
monophylla, Atalantia
spp., Balsamocitrus dawaei, Bergera (=Murraya) koenigii, Calodendrum capense, X Citroncirus webberi, Citropsis articulata, Citropsis gilletiana, C. schweinfurthii,
Citrus madurensis (= X Citrofortunella
microcarpa), Citrus spp., Clausena anisum-olens, C. excavata,
C. indica, C. lansium, Eremocitrus
glauca, Eremocitrus
hybrid, Fortunella spp., Limonia acidissima, Merrillia
caloxylon, Microcitrus australasica, Microcitrus australis, M. papuana, X Microcitronella spp., Murraya spp., Naringi crenulata, Pamburus missionis, Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, Tetradium ruticarpum, Toddalia asiatica, Triphasia trifolia, Vepris (=Toddalia) lanceolata, and Zanthoxylum fagara. 3. Requirements
for Interstate Movement. In order to be eligible to move interstate from
ACP quarantined areas, regulated articles must meet the following
requirements: A. Treatment.
All regulated articles moving interstate from areas quarantined for the ACP
must be treated with any approved treatment for ACP either listed in 7 CFR
305 or listed below in this Order1 using an Environmental Protection Agency
(EPA)- approved product labeled for use in nurseries. Persons applying
treatments must follow the product label, its applicable directions, and all
restrictions and precautions, including statements pertaining to Worker
Protection Standards. i. Regulated
articles not intended for consumption must be treated with a drench
containing imidacloprid as the active ingredient
within 30 days prior to shipping and also be treated with a foliar spray with
a product containing either acetamiprid,
chlorpyrifos, or fenpropathrin
as the active ingredient within 10 days prior to movement. ii.
Or, in the case of regulated
articles intended for consumption or decorative use, such as fresh curry leaf
(Bergera (=Murraya)
koenigii), or mock orange (Murraya
paniculata) leaves that are incorporated into leis or floral
arrangements, this plant material must be treated prior to the interstate
movement in accordance with APHIS treatment schedule T101-n-2 (methyl bromide
fumigation treatment for external feeding insects on fresh herbs) at the
times and rates specified in the treatment manual and safeguarded until
export. This information can be found on page 5-2-28 of the treatment manual,
located on line at: http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment_pdf/05_02_t100schedules.pdf;
or iii.
And, as an alternative to methyl bromide fumigation, these regulated articles
described immediately above in ii originating from an area not quarantined
for CG may be treated with irradiation in accordance with 7 CFR 305. B. Fresh fruit. While fresh fruit is
not a regulated article under this Federal Order, this Federal Order does
impose the below described cleaning requirements for fruit being moved
interstate from areas quarantined for ACP to citrus producing areas where ACP
is not present: namely, such fruit moved interstate must be cleaned using
normal packinghouse procedures. This means that fruit moved in bulk
containers to these areas for repacking or processing can not come directly from
groves, but must go through the normal cleaning process at a packinghouse
before it is moved. C. Inspection.
All regulated articles that have been treated as provided above must be
inspected by an inspector and found free of the ACP within 72 hours prior to
shipping. Inspection of curry leaf that is treated with methyl bromide
fumigation will not be required since the treatment is considered to be
effective in killing all life stages of ACP that might be present. 1 Irradiation may be used in
accordance with 7 CFR 305 but may only be used if the regulated articles originate
from an area not quarantined for CG. D. Conditions
for issuance of a certificate for interstate movement for regulated articles
intended for consumption, for use as apparel or as a similar personal
accessory, or for other decorative use. (a)
A certificate will be issued for regulated articles intended for consumption
(e.g., Bergera
(=Murraya) koenigii and Citrus hystrix leaves), for use as apparel or as a similar
personal accessory, or for other decorative use (e.g., Murraya paniculata flowers), and such articles may be moved interstate to
any State from an area quarantined for Asian citrus psyllid, but not for
citrus greening, if: (1)
The article is treated with
irradiation in accordance with 7 CFR part 305; and (2)
The article is shipped in a container
that has been sealed with an agricultural seal placed by an inspector; and (3)
The container that will be moved
interstate is clearly labeled with the certificate, which must contain: (i) The name of the State or portion of a State where the
regulated article was produced; and (ii)
A statement certifying that the article was treated in accordance with 7 CFR
part 305; and (4)
A copy of this certificate will be
attached to the consignee’s copy of the accompanying waybill. (b)
Conditions for the issuance of a certificate for the interstate movement of
any regulated article. A certificate will be issued for any regulated article
and the article may be moved interstate to any State from an area quarantined
for Asian citrus psyllid, but not for citrus greening, if the article is
treated with methyl bromide in accordance with 7 CFR part 305, rather than
irradiation, and all other conditions for interstate movement of the article
contained in paragraph (a) of this section are fulfilled. (c)
Conditions for issuance of a certificate for interstate movement for certain
other regulated articles: Curry leaf (Bergera
(=Murraya) koenigii)
leaves intended for consumption, or other articles intended for decorative
purposes that include such plant material as mock orange (Murraya
paniculata) leaves that are incorporated into leis or floral
arrangements, may be moved interstate from any area quarantined for ACP only if (1) they have
been fumigated using methyl bromide in accordance with T101-n-2 as specified
in 3. A. iii. or
(2) if they have been treated with irradiation as described in 7 CFR
305. The boxes or containers in which the treated regulated leaves are moved
interstate must be
marked to indicate where the leaves were produced and must also indicate that
the leaves have been treated in accordance with APHIS requirements. E. Limited
Permit. All of the above described regulated articles may not be moved to American
Samoa, Arizona, Northern Mariana Islands, the Virgin Islands of the United
States, those portions of California and South Carolina not quarantined due
to the presence of ACP, and must
be accompanied by a limited permit issued by an authorized representative
of the State, Territory, Commonwealth, or APHIS, or by a person operating
under compliance agreement as specified below. The statement "Limited
permit: USDA-APHIS-PPQ.
Not for distribution in AZ, American Samoa, Northern Mariana Islands and
the Virgin Islands of the United States or those portions of CA and SC not
quarantined due to the presence of ACP" must be displayed on a plastic or metal tag attached
to each plant, or on the box or container if the plant is sealed in plastic,
or in the case of plant parts (leaves, cuttings, etc.) on the box or other
container in which plant material is packed. In addition, this statement must be displayed on the
outside of any shipping containers used to transport these plants, and the
limited permit must be attached to the bill of lading or other shipping
document that accompanies the plants. This labeling may not be used on plants or
products that do not meet the requirements of this Order. F. Compliance
Agreements. Any person engaged in the business of growing or handling
regulated articles for interstate movement may enter into a compliance
agreement with the Animal and Plant Health Inspection Service to facilitate
the interstate movement of regulated articles in accordance with all of the
requirements of this Federal Order and this specific subpart, subject to
monitoring and audits by the State, Territory, Commonwealth, or APHIS
regulatory official. Such persons must agree to handle, pack, process, treat,
and move regulated articles in accordance with this Federal Order; to use all
permits and certificates in accordance with instructions; and to maintain and
offer for inspection such records as may be required. Compliance agreements
may be arranged by contacting a local office of Plant Protection and
Quarantine, Animal and Plant Health Inspection Service (listed in local
telephone directories), or by contacting the Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, Domestic and Emergency
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. Cancellation. Any
compliance agreement may be cancelled orally or in writing by an inspector if
the inspector finds that the person who entered into the compliance agreement
has failed to comply with all of the requirements of this Federal Order and
this specific subpart. If the person is given notice of cancellation orally,
written confirmation of the decision and the reasons for it must be provided
as promptly as circumstances allow. Any person whose compliance agreement is
cancelled may appeal the decision in writing to the APHIS Administrator
within 10 days after receiving the written notification. The appeal must
state all of the facts and reasons upon which the person relies to show that
the compliance agreement was wrongfully cancelled. The Administrator must
grant or deny the appeal, in writing, stating the reasons for the decision,
as promptly as circumstances allow. If there is a conflict as to any material
fact, a hearing will be held to resolve the conflict. Rules of practice
concerning the hearing will be adopted by the Administrator. 4. Definitions Certificate. A document, stamp, or other means
of identification approved by APHIS and issued by an inspector or person operating
under a compliance agreement when he or she finds that, because of certain
conditions, a regulated article can be moved safely from an area quarantined
for Asian Citrus Psyllid without spreading the Psyllid. This certificate
authorizes the interstate movement of a regulated article and is therefore
provided pursuant to the provisions of the Plant Protection Act (PPA) of
2000, as amended, 7 USC 7701 et seq., and anyone issuing such a certificate
must comply with all of the applicable provisions of the PPA including 7 USC
7734 as well as this FO. Inspector. Any person authorized by the
Administrator of APHIS to enforce the requirements of this Order. ADDITIONAL AREAS QUARANTINED FOR CITRUS GREENING
DISEASE (CG) APPENDIX A 05/19/2010 |
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