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FEDERAL
DOMESTIC QUARANTINE ORDER Lobesia botrana
(European Grapevine Moth)
Revised February
27, 2012 The
purpose of this Federal Order is to prevent the spread of Lobesia botrana, (European Grapevine
Moth or EGVM), through regulatory authority provided by 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, plant product or article if
the Secretary determines that the prohibition or restriction is necessary to
prevent the dissemination of a plant pest within the United States.
The
Administrator will list as a quarantine area each state, or each portion of a
state, in which EGVM has been found in accordance with the criteria listed
below, in which the Administrator has reason to believe that EGVM is present,
or that the Administrator considers necessary to quarantine due to the area's
inseparability for quarantine enforcement purposes from localities in which
EGVM has been found.
a. b. Less
than an entire state will be designated as a quarantine area only if the
Administrator determines that: a. The
State has adopted and is enforcing restrictions on the intrastate movement of
the regulated articles that are equivalent to those imposed by the
Administrator on the interstate movement of regulated articles; and, b. The
designation of less than the entire state as a quarantine area will prevent
the interstate spread of EGVM. The
Administrator or an inspector may temporarily designate any non-quarantine
area as a quarantine area. An inspector will give a copy of this Order along
with a written notice for the temporary designation to the owner or operator
of the new quarantine area.
Thereafter, the interstate movement of any regulated article from an
area temporarily designated as a quarantine area will be subject to this
Federal Order. As soon as practicable, this area will be added to the list of
quarantine areas 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 practical. All
areas currently under quarantine in accordance with these requirements are
described on the APHIS website at: http://www.aphis.usda.gov/plant_health/plant_pest_info/eg_moth/index.shtml II. Regulated Articles. Any
plant, plant part or plant product of the following are regulated
articles, and may not be moved interstate from a quarantine area except in
accordance with this Federal Order:
Bladder Campion (Silene
vulgaris) Carnation
(Dianthus spp.) European barberry
(Berberis vulgaris ) European privet (Ligustrum
vulgare) False baby's breath (Galium
mollugo)
Gooseberries
and Currants (Ribes spp.) Grape
(Vitis spp.) Jujube (Ziziphus jujube) Kiwifruit
or Chinese gooseberry (Actinidia chinensis) Old man’s
beard (Clematis vitalba) Olive (Olea europaea) (except for olive
fruit - refer to Section III) Persimmon(Diospyros kaki) Pomegranate
(Punica
granatum) Red
clover (Trifolium
pretense) Rosemary (Rosmarinus
officinalis) Sea squill (Urginea maritime) Smooth sumac (Rhus
glabra) Spurge
flax (Daphne gnidium)
Stone
fruit (Prunus spp) (except
for almonds in dried split husks—refer to Section III.) Plant
litter, compost, winery/processing or harvesting waste and all other green
waste residues of any regulated plant, plant part or plant product from the
planting, growth, pruning, production, harvesting, processing and conveyances
of regulated plants, plant parts or plant products. All
farm/vineyard equipment and conveyances used in the planting, growth,
pruning, production, harvesting and processing of regulated plants, plant
parts or plant products. All
living, dead, cut, fallen or other materials or products used in the
cultivation, planting, growth, production, harvesting and processing of
regulated plants, plant parts or plant products. In
addition, any other product, article, or means of conveyance of any character
whatsoever, is considered to be a regulated article if an inspector
determines it presents a risk of spreading EGVM and the inspector notifies
the person in possession of the product, article, or means of conveyance that
it is subject to the requirements in this Federal Order. III.
Exemption. The following articles are not considered
regulated articles: (a)
Almonds in dried/split husks ready for harvest; (b)
All other seed or nuts extracted from fruit; (c)
Non-commercial indoor decorative houseplants. (d)
Olive fruit (with or without stem or twigs); (e)
All petioles and leaf blades of Vitis
sp.; (f)
Fermented pomace from Vitis spp. (g)
Must from Vitis spp. IV.
Conditions for interstate movement of regulated articles.
Regulated
articles must meet the following conditions in order to be eligible for
interstate movement under a certificate:
(a)
All persons moving regulated articles interstate must
implement an integrated pest management program that includes regular
inspections by an inspector at least once every 30 days. (b)
All persons who move regulated articles interstate must
maintain records of articles shipped for a period of three years and make
such records available to an inspector upon request. In addition, all regulated articles shipped
interstate must be adequately labeled with the identity of the origin of the
articles to provide for traceback as may be required by an inspector. (c)
Additional article-specific requirements apply as follows: (1)
Nursery stock, trees, shrubs or herbs: All
regulated articles must be inspected in accordance with APHIS inspection protocols and
found free from any live stages of EGVM.
All
grape (Vitis spp.) plants: Flowers
and fruit are to be removed prior to movement and disposed of in a manner
that eliminates the risk of movement and/or spread of any life stages of
EGVM. All dormant grapevines must be treated with a hot water dip for at
least 5 minutes at 127 degrees F (52.7C). All non-dormant grapevines must be
treated with an APHIS approved treatment. All
olive (Olea europaea)
plants: Flowers are to be removed
prior to movement and disposed of in a manner that eliminates the risk of
movement and/or spread of any life stages of EGVM, or be treated in a manner
that inhibits flowering, or be treated with an APHIS approved treatment. (2)
Cut flowers, garlands, wreaths, greenery or herbs of any
regulated plants must be inspected in accordance with APHIS inspection protocols
and found free from any live stages of EGVM. (3)
Plant litter, compost, winery/processing or harvesting waste
and all green waste residues must be treated and/or disposed of in an APHIS
approved manner to eliminate the risk of movement and/or spread of
any life stages of EGVM. (4)
Fruits (except as indicated in the exempted articles)
growing in EGVM quarantine areas: Grapes
for crushing or processing as raisins may only move under a limited permit to
designated facilities outside the quarantine area within California. All conveyances moving or holding grapes
must be filled, covered or enclosed in a manner to minimize spread of any
life stage of EGVM. All equipment and
conveyances must be thoroughly cleaned at the processing facility. All waste must be disposed of and/or treated in an APHIS approved manner
to eliminate the risk of movement and/or spread of any life stages of EGVM. Grapes
dried on the vine for raisins must be inspected in accordance with APHIS inspection protocols and found to be
dried to the extent that they would not support any live stages of EGVM. Grapes
for fresh consumption must meet the following specific requirements for
movement: a. All vineyards in the
quarantine area are required to be trapped at a minimum of one trap per five
acres, with a minimum of two traps per vineyard; b. All waste generated
from within the quarantine area must be collected and disposed of in an APHIS
approved manner within the
quarantine area that eliminates the risk of movement and/or spread of any
life stages of EGVM. c. Grapes harvested for
fresh consumption from any vineyards where EGVM has been detected, and
vineyards located within 200 meters from such vineyards, must receive an
APHIS approved post-harvest treatment to eliminate all life stages of EGVM. d. Grapes harvested for
fresh consumption from vineyards where EGVM has not been detected must be
inspected in accordance with APHIS inspection protocols to verify freedom
from the pest prior to interstate movement. Grapes
for vintners hand-harvested, packed and shipped in refrigerated conveyances
must meet the specific requirements for movement as ‘grapes for fresh
consumption’. Fruits
other than grapes must be inspected and found free from all life stages of
EGVM. Treatment
is not required for fruits other than grapes, unless they are inspected and
found to be infested with EGVM, in which case, remedial measures must be
applied at the direction of an inspector to address the infestation prior to
interstate movement. (5)
Farm and/or vineyard equipment: a.
All mechanized farm and/or vineyard equipment or
conveyances leaving vineyards, fields and/or other infested areas at any time
must be either (1) pressure washed to ensure that all plant litter, debris
and/or all types of waste have been removed, or (2) steam treated in
accordance with PPQ Treatment Manual schedule T406-d and applicable
conditions of 7 CFR Part 305. b.
All non-mechanized farm and/or vineyard equipment or
conveyances must be kept free and clean of plant litter, debris and all types
of waste. c.
All waste derived from these actions must be disposed of in
an APHIS approved
manner that eliminates the risk of movement and/or spread of any life stages
of EGVM. (6) All
other living, dead, cut, fallen or other materials or products (e.g., fence
posts) used in the cultivation, planting, growth, production, harvesting and
processing of regulated plants, plant parts or plant products are prohibited
from interstate movement unless treated in an approved manner to eliminate
the spread of EGVM. Limited
permits may be issued by an inspector for the interstate movement of
regulated articles that are ineligible for a certificate but that can be
moved interstate for limited handling, utilization, and/or processing when,
upon evaluation of the circumstances involved in each specific case
(including consultation with the receiving state), the inspector determines
that such movement will not result in the spread of EGVM. V. Approved Treatments. A list of APHIS approved
treatments are located at: http://www.aphis.usda.gov/plant_health/plant_pest_info/eg_moth/index.shtml VI. Definitions. Certificate: A
document, stamp or imprint in which an inspector affirms that a specified
regulated article meets all applicable requirements of this Federal Order and
may be moved interstate to any destination. Compliance Agreement: A
written agreement between the Animal Plant Health Inspection Service (APHIS)
and an authorized person engaged in the business of growing, producing,
cultivating, harvesting, transporting, handling or moving of regulated
articles in which the authorized person agrees to comply with the specific
outlined requirements. Degree day: A unit of
measurement used to measure the amount of heat required to further the
development of EGVM through its lifecycle. Day-degree life cycle requirements
are calculated through a modeling process specific to EGVM. Farm/vineyard equipment: Planting, cultivating, production, pruning,
harvesting and/or processing equipment or conveyances, transport equipment or
other related conveyances, crates, boxes, burlap bags, and any other
farm/vineyard product, equipment or containers capable of transporting any
life stages of EGVM. 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 Order. Limited permit: A document issued by an inspector to allow
the interstate movement of regulated articles that are ineligible for a
certificate but that can be moved interstate for limited handling,
utilization, and/or processing when, upon evaluation of the circumstances
involved in each specific case, the inspector determines that such movement
will not result in the spread of EGVM. Must:
Freshly crushed grapes containing juice, skins, seeds, and stems of the
fruit. Nursery stock: All field-grown and/or potted rootstock,
other rootstock, trees, shrubs, vines, cuttings, grafts, scions, budwood, and
other plants and plant products for propagation.
Vineyard: A land area clearly delineated by a physical barrier
(e.g. ranch road, canal, highway, etc)
planted with cultivated grapevines that produce grapes for consumption,
raisins, wine or juice. Vintner: Any individual engaged in making or selling wine from
fresh grapes. |
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