FEDERAL DOMESTIC QUARANTINE ORDER

Guignardia citricarpa, Causal Agent of Citrus Black Spot (CBS)

DA-2013-08

March 22, 2013

The purpose of this Federal Order is to prevent the spread of the fungal plant pathogen, Guignardia citricarpa Kiely, the causal agent of Citrus Black Spot (CBS), 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, 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 of the Animal and Plant Health Inspection Service (APHIS) considers it necessary, in order to prevent the dissemination of CBS, to establish restrictions on the interstate movement of certain regulated articles from regulated articles from the State of Florida as described in this Federal Order. This Federal Order updates and replaces Federal Order (DA-2011-29) issued June 2, 2011.

A. Quarantined Areas:

The Administrator will list as a quarantined area each State, or each portion of a State, that is within 1 mile of a site where CBS has been confirmed by an inspector to be present, in which the Administrator has reason to believe that CBS is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine area enforcement purposes from localities in which CBS has been found.

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 substantially the same as those imposed by the Administrator on the interstate movement of regulated articles, except when regulated fruit moves intrastate from a quarantined area for fresh fruit packing or for processing into a product other than fresh fruit in accordance with this Federal Order; and

2. The designation of less than the entire State as a quarantined area will be sufficient to prevent the interstate spread of CBS.

The Administrator or an inspector may temporarily designate any non-quarantine area as a quarantined area. The Administrator will give a copy of this Federal Order, along with a written notice for the temporary designation, to the owner or person in possession of the area to be established as a quarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area will be subject to this Federal Order. When feasible, this area will be added to the list of quarantined areas or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which a quarantine area designation is terminated will be given notice of the termination as soon as possible.

The following areas are designated as quarantined areas:

Florida

In Collier County: Sections 11 through 14, and 23 and 24 in Township 46, Range 28; Sections 18 and 19 in Township 46, Range 29; Sections 13 through 16, 20 through 29, and 33 through 36 in Township 47, Range 29; Sections 32 through 34 in Township 47, Range 30; Sections 01 through 04, 09 through 13, 15 and 16 in Township 48, Range 29; and Sections 03 through 05, 06, 07, 08 through 10 in Township 48, Range 30.

In Hendry County: Sections 15 and 16, 20 through 22, and 27 through 29 in Township 45, Range 29; Sections 25 through 28, 32 through 36 in Township 46, Range 31; Sections 20 through 22, 24 through 36 in

Township 46, Range 32; Sections 03 through 05, 08 through 10, and 15 through 17, 19, 30, and 31 in Township 46, Range 33; Sections 01 through 05, 08 through 12 in Township 47, Range 31; Sections 04 through 09 in Township 47, Range 32.

In Polk County: Section 33 in Township 32S, Range 28E.

If there are additional finds of CBS after this Federal Order is published, the Administrator will designate an area as a quarantine area for citrus black spot in accordance with the criteria listed below. The Administrator will publish a description of all areas regulated for citrus black spot on the Plant Protection and Quarantine (PPQ) Web site: (http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/black_spot.shtml).

The description of each quarantine area will include the date the description was last updated and a description of any changes that have been made to the quarantine area. Lists of all quarantine areas may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories and on the Internet at (http://www.aphis.usda.gov/services/report_pest_disease/report_pest_disease.shtml).

After a change is made to the description of quarantine areas, the Administrator will notify state regulatory authorities that a change has occurred and describe the change to the quarantine areas.

The criteria for designation of a State or a portion of a State, as a quarantine area for CBS, are as follows:

1. A State, or portion of a State, will be designated as an area for CBS when the presence of CBS is confirmed within the area by an APHIS-administered test or by an APHIS-approved diagnostician using an APHIS-approved test.

2. A State, or portion of a State, will be designated as a quarantine area for CBS if the Administrator considers it necessary to regulate the area because of its inseparability for phytosanitary enforcement purposes from localities in which CBS has been found.

3. A portion of a section that is only partially located within one mile of a site where CBS has been detected will be designated as a quarantine area for CBS because the Administrator considers it necessary to regulate the entire section due to their inseparability for phytosanitary enforcement purposes.

B. Regulated Articles:

The following are regulated articles, and may not be moved interstate from a quarantined area unless they are moved in accordance with this Federal Order:

1. All citrus (Citrus spp.) fruit.

2. All citrus (Citrus spp.) plants and plant parts, including but not limited to leaves for consumption, budwood, and nursery stock.

3. Other articles intended for consumption, as apparel or as a similar personal accessory, or decorative use made from Citrus spp.

4. Any other products, articles, or means of conveyance of any character whatsoever, when it is determined by an inspector that they present a hazard of spread of CBS and the person in possession thereof has been provided notice.

C. Conditions for Interstate Movement of Regulated Articles:

1. Regulated fruit from CBS quarantined areas may move interstate under certificate to all U.S. States under the following conditions;

a. Fruit must be washed, brushed, disinfested, treated, and waxed at the packing house, prior to shipment, using an APHIS-approved packing house procedure located on the APHIS website (http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/black_spot.shtml);

b. Fruit must be practically free of leaves, stems, or other regulated plant material; except that stems less than 1-inch may be attached to fruit but cannot have attached leaves;

c. Fruit must be packed in a packing house operating under a signed compliance agreement with APHIS;

d. Fruit must be accompanied by a certificate issued by an inspector or by persons operating under a compliance agreement; and

e. The certificate must be present on both the paperwork accompanying the shipment and on the containers in which the fruit is packed.

2. Regulated fruit from CBS quarantine areas may only move interstate from the packing house under limited permit to noncommercial citrus-producing States under the following conditions:

a. Fruit must be washed, brushed, and disinfested at the packing house, prior to shipment using APHIS-approved packing house procedure located on the APHIS website (http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/black_spot.shtml);

b. Fruit must be practically free of leaves, stems or other regulated plant material; except that stems less that 1-inch may be attached to fruit but cannot have attached leaves;

c. Fruit must be packed in a packing house operating under a signed compliance agreement with APHIS;

d. Fruit must be accompanied by a limited permit issued by an inspector or by persons operating under a compliance agreement; and

e. The limited permit must be present on both paperwork accompanying the shipment and on the containers in which the fruit is packed.

3. Within a State with a quarantined area, the State may allow citrus fruit to move intrastate from the quarantine area for packing, or for processing into a product other than fresh fruit, under the following conditions:

a. Growers must operate under a Compliance Agreement that stipulates the following:

a. Any fruit that is moved from the quarantine area must be transported in vehicles that meet the following conditions:

1. If the vehicle has solid wall construction on the sides and rear of the cargo area, the cargo area needs only be covered with a tarpaulin, or otherwise covered on the open top, providing that openings around any tailgates or hinged door do not exceed ½ inch;

2. If the vehicle has side- and rear-wall construction of wire mesh screen or expanded metal less than or equal to ¾ x 1-11/16 inch, it must have the open top of the cargo area covered; or

3. If the vehicle has screen mesh openings greater than ¾ x 1-11/16 inch, it must have the cargo area covered completely (to the bed of the vehicle). In addition, if mesh size is greater than ¾ x 1-11/16 inch, all modifications made to reduce the mesh size must be done from within the cargo area (e.g., adding steel, fabric or hardware cloth lining).

b. Vehicles transporting pallet boxes, field boxes, field bins, etc., must have the cargo area covered with a tarpaulin or otherwise covered in a manner that does not allow any openings greater than ½ inch exposing the fruit. In most cases, this cover will have to extend to below the top of the bottom row of boxes. However, if the pallet boxes or field boxes are stacked in a solid wall with no openings of ½ inch or more on the side or back, only the open tops of the exposed boxes are required to be covered.

c. Covers or tarpaulins may be constructed of any fabric that has a weave of less than ½ inch. In addition, covers must be in good repair and securely fastened or tied down in a manner that will prevent the loss of fruit, leaves, or plant debris while in transit.

d. Identity of each load of fruit must be maintained by issuing an individually numbered trip ticket containing the following information:

1. Name of Grove, Land Owner/agent, Lessee, Harvester

2. License tag number.

3. Number of boxes contained in load (if not bulk)

4. Grove block fruit originated in

5. Processing plant or packinghouse to which fruit is destined

6. Date of harvest

7. The word “TARP” written clearly, preferably at the bottom

e. After being emptied and cleaned of plant debris, trailers, field boxes or bins must be disinfected using:

1. A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to 7.5; or

2. A 0.2-percent solution of a quaternary ammonium chloride (QAC) compound; or

3. A solution containing 85 parts per million peroxyacetic acid (PAA) (indoor use only).

b. Processors receiving whole fruit for juicing and packers receiving whole fruit for packing from the CBS quarantine area must operate under a Compliance Agreement that stipulates the following:

a. After shipments are emptied at the processing plant or packinghouse, trailers, tarpaulins, field boxes, and field bins must be cleaned of all leaves and other plant debris;

b. All leaves and other plant debris resulting from such cleaning must be moved and handled according to Section 4, below; and

c. After being emptied at the processing plant or packinghouse and cleaned of plant debris, trailers, field boxes or bins must be disinfected using:

1. A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to 7.5; or

2. 0.2-percent solution of a quaternary ammonium chloride (QAC) compound; or

3. A solution containing 85 parts per million peroxyacetic acid (PAA) (indoor use only).

4. Within a state with a CBS quarantine area, the state may allow the intrastate movement of leaves, stems, debris, culled fruit, or other plant material of any citrus plant from a quarantine area if the following conditions are met:

a. The plant parts must be moved in an enclosed or covered vehicle cargo area. The cargo must be enclosed or covered in a manner so as to have no openings greater than ½ inch exposing the leaves, litter, or other plant material.

b. When plant material comes directly in contact with the vehicle, the vehicle must be disinfected following movement.

c. Culled fruit may only be moved intrastate for processing or destruction by one of the methods listed below in Section d.

d. All leaves and other plant debris cleaned from trailers, tarpaulins, field boxes and field bins must be handled in one of the following methods subject to monitoring by an inspector:

1. Heat treated to at least 180 degrees Fahrenheit for a period of at least one hour

2. Incinerated

3. Buried at a landfill or other disposal site approved by APHIS or the State and covered with dirt at the end of every day that dumping occurs.

4. Fed to livestock as feed.

6. Citrus plants and citrus plant parts, other than fresh fruit handled in accordance with this Federal Order, may not be moved interstate from the quarantine area.

E. 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 a quarantine area.

Commercial Citrus-Producing States: The States of American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana, Northern Mariana Islands, Puerto Rico, Texas, and Virgin Islands of the United States.

Compliance agreement: A written agreement between APHIS or a State and a person engaged in growing, processing, handling, or moving regulated or associated articles, wherein the person agrees to comply with stipulations set forth in the agreement. The 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.

Inspector: Any employee of APHIS, the U.S. Department of Agriculture, or any employee of a State, a County, or any other person specifically authorized by the Administrator to perform the duties required under this Federal Order.

Limited permit: A document in which an inspector or person operating under a compliance agreement to allow the interstate movement of regulated articles to a specified destination for specified handling, processing, or utilization.