FEDERAL QUARANTINE ORDER
Elsinoë australis Bitanc. & Jenkins
Causal Agent of Sweet
DA-2016-55
September 6, 2016
The purpose
of this Federal Order is to prevent the spread of the fungal plant pathogen, Elsinoë
australis Bitanc. & Jenkins, the causal agent of Sweet Orange Scab
(SOS), 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 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 SOS, to
establish restrictions on the interstate movement of certain regulated articles
from the States of Arizona, Florida,
Louisiana, Mississippi, and Texas as described in this Federal Order.
APHIS has
applied similar mitigation measures to
September 6, 2016, Federal Order supersedes
previous SOS Federal Orders adds quarantined areas in portions of California,
and updates the conditions for interstate movement of SOS regulated articles.
A.
Quarantine Areas:
The
Administrator will list as a quarantine area each state, or each portion of a
state, in which SOS has been confirmed by an inspector to be present, in which
the Administrator has reason to believe that SOS is present, or that the
Administrator considers necessary to quarantine because of its inseparability
for quarantine enforcement purposes from localities in which SOS has been
found.
Less than an
entire state will be designated as a quarantine 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; and
2.
The designation of less than the entire state as a quarantine area
will be sufficient to prevent interstate spread of SOS.
The
Administrator or an inspector may temporarily designate any non-quarantine area
as a quarantine area. The Administrator will give a copy of this Order along
with a written notice for the temporary designation 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 this 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 practicable.
The following areas are designated as
quarantine areas:
1.
2.
3.
4.
5.
Entire State of Texas
6.
Portions
of California in the Calipatria and Winterhaven areas of Imperial County, the
Pomona area of Los Angeles and San Bernardino counties, and the Blythe area of
Riverside County.
B. Regulated
Articles:
The
following are regulated articles, and may not be moved interstate from a
quarantine area unless accompanied by a certificate or limited permit issued in
accordance with this Order:
1.
Fruit of Citrus spp. and Fortunella spp.
2.
All plants and plant parts (except seeds), including leaves for
consumption, budwood, and nursery stock of Citrus spp. and Fortunella
spp.
3.
Other articles intended for consumption, as apparel or as a
similar personal accessory, or decorative use made from Citrus spp. and Fortunella
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 SOS and the person in possession thereof has been provided
notice.
C.
Conditions for Interstate Movement of Regulated Articles:
1.
Regulated
articles may move from one state in the SOS quarantine area to another
contiguous State in the quarantine area without further restriction.
2.
Regulated
fruit from SOS quarantine areas may move interstate under certificate to all
states under the following conditions:
a.
Fruit must be washed, brushed, disinfested,
treated, and waxed 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/sweet_orange.shtml; and
i. Fruit must
be practically free of leaves, stems, or other regulated plant material, except
that stems shorter than one inch may be attached to fruit but cannot have attached
leaves; and
ii. Fruit must
be packed in a packing house operating under a signed compliance agreement with
APHIS; and
iii. The
certificate must be present on both paperwork accompanying the shipment and on
the containers in which the fruit is packed;
or
b.
Fruit must be washed, brushed, and disinfested
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/sweet_orange.shtml; and
i.
Fruit has been inspected and determined to be asymptomatic based
on visual inspection by an inspector at the packing house; and
ii.
Fruit must be practically free of leaves, stems, or other
regulated plant material, except that stems less than one-inch may be attached
to fruit but cannot have attached leaves; and
iii.
Fruit must be packed in a packing house operating under a signed
compliance agreement with APHIS; and
iv.
The certificate must be present on both paperwork accompanying the
shipment and on the containers in which the fruit is packed.
3.
Regulated
fruit from SOS quarantine areas may move interstate
and transit non-quarantined areas under limited permit to noncommercial citrus
producing states and commercial citrus producing states with a state-wide SOS
quarantine 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, which can be found on the APHIS
website: http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/sweet_orange.shtml; and
b.
Fruit must be practically free of leaves, stems or other regulated
plant material, except that stems
less than one-inch may be
attached to fruit but cannot have attached leaves; and
c.
Fruit must be packed in a packing house operating under a signed
compliance agreement with APHIS; and
d.
The limited permit must be present on both paperwork accompanying
the shipment and on the container in which the fruit is packed.
4.
Regulated
fruit from SOS quarantine areas that are destined for processing or packing in a commercial citrus-producing
state without a state-wide SOS quarantine may move under limited permit if it
meets the following conditions:
a.
SOS
regulated fruit received for processing/packing may have attached stems and
leaves if it will be processed/packed in a quarantined area.
b.
SOS
regulated fruit received for processing/packing must be practically free from
attached stems and leaves if it will be processed/packed in a non-quarantined
area.
c.
After
packing/processing regulated fruit may only have attached stems and leaves that
are less than one inch long, without leaves.
d.
The
limited permit must be present on both paperwork accompanying the shipment and
on the container in which the fruit is packed.
e.
The processor/packing house/grower in the originating state and the
processor in the receiving State must be operating under a signed compliance
agreement with APHIS;
f.
Processors/packing houses in the originating state must operate
under a Compliance Agreement that
stipulates the following:
i.
Any fruit that is moved from the quarantine area must be
transported in vehicles that meet the following conditions:
1.
Must have solid wall construction on the sides and rear of the
cargo area need 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 ˝ inch.
2.
If with side and rear wall construction of wire mesh screen or
expanded metal less than or equal to ľ x 1-11/16 inch must have the open top of
the cargo area covered.
3.
If they have screen mesh openings greater than ľ x 1-11/16 inch
must have the cargo area covered completely (to the bed of the vehicle). In
addition, if mesh size is greater than ľ x 1-11/16 inch, all reductions in mesh
size must be done from within the cargo area (e.g., adding steel, fabric or
hardware cloth lining).
ii.
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 ˝ 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 ˝ inch or more on the side or back, only the
open tops of the exposed boxes are required to be covered.
iii.
Covers or tarpaulins may be constructed of any fabric that has a
weave of less than ˝ 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.
iv.
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
v. 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 PAA (indoor use only).
g.
Processors receiving fruit for processing must operate under a
Compliance Agreement that stipulates the following:
i.
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.
ii. 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)
A 0.2-percent solution of a QAC compound; or
(3)
A solution containing 85 parts per million PAA (indoor use only).
h. Culls and peels, or other plant material
that remains after processing must be handled as follows:
i.
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 ˝ inch exposing the leaves, litter, etc.
ii.
When plant material comes directly in contact with the vehicle,
the vehicle must be disinfected following movement.
iii.
The plant parts must be destroyed by one of the methods:
(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 site approved
by APHIS or the State and covered with dirt at the end of every day that
dumping occurs,
(4)
Feed to livestock as feed. 
5.
Citrus spp. and Fortunella spp. fruit moving through SOS
quarantine areas may move interstate without a certificate or limited permit,
if all of the following conditions are met:
a.
Fruit is accompanied by either: A receipt showing that the
fruit was purchased outside the quarantine area, or a bill of lading stating
the location of the premises where the shipment originated, the type and
quantity of fruit being moved interstate, and the date the interstate movement
began.
b.
Fruit is moved through
the quarantine area without being unloaded, and no regulated article, except
fruit that qualifies for interstate movement from the quarantine area in
accordance with this Federal Order, is added to the shipment in the quarantine
area.
c.
Fruit is completely covered,
enclosed in containers, or in a compartment of a vehicle, during movement
through the quarantine area.
- Citrus spp. and Fortunella
spp. fruit from outside the quarantine area moving into the SOS
quarantine area for unloading or repackaging may move interstate with a
certificate to all States under the following conditions:
a. Fruit is accompanied by
either: A receipt showing that the fruit was purchased outside the quarantine
area, or a bill of lading stating the location of the premises where the
shipment originated, the type and quantity of regulated fruit being moved
interstate, and the date the interstate movement began.
b. The person who unloads
or repackages the fruit in a quarantine area must enter into a compliance
agreement with APHIS and issue and attach a certificate for the interstate
movement of the fruit.
c. The certificate must be
present on both paperwork accompanying the shipment and on the containers in
which the fruit is packed.
d. The identity of each
shipment of fruit that originated from outside the quarantine area must be
maintained and the fruit must be properly segregated from all other fruit in
the packinghouse or warehouse.
e. Fruit must be
practically free of leaves, stems, or other regulated plant material, except
that stems less than one-inch may be attached to fruit but cannot have attached
leaves.
f.
Fruit is completely covered, enclosed in containers, or in
a compartment of a vehicle, during movement through the quarantine area.
7.
Fresh host plant parts (including leaves for
consumption, as apparel, or as a similar personal accessory, or decorative
use), excluding fruit, propagative material, and nursery stock from quarantine
areas may move with a certificate to all States under the following conditions:
a. Producers and/or distributors must have a
signed compliance agreement with APHIS;
b. Regulated articles must be asymptomatic based
on visual inspection by an inspector; and
c. The certificate should be present on both the
paperwork accompanying the shipment and on the
containers in which the
regulated articles are packed.
8.
Nursery stock from
non-contiguous quarantine areas that is grown and maintained outdoors or not grown
and maintained in an SOS program approved structure will only be allowed
interstate movement to non-commercial citrus-producing states with a limited
permit under the following conditions:
a.
Any person engaged in growing, processing,
handling, or moving host nursery stock in an SOS quarantine area must enter
into a compliance agreement with APHIS;
b.
Nursery stock may only be shipped if
accompanied by a limited permit issued by an inspector verifying that all
conditions of this Federal Order and any additional requirements stipulated in
the compliance agreement have been met. A copy of the limited permit must be
attached to the consignee’s copy of the accompanying waybill;
c. Nurseries must be
inspected by an inspector on a quarterly basis to verify absence of SOS;
d. Nursery stock for
shipping must undergo a pre-shipment inspection on each lot within 5 days
before shipment. If no SOS-positive plants are found,
the plants may be shipped after treatment with an APHIS-approved fungicide. The
list of approved treatments is located on the APHIS website at: http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/sweet_orange.shtml
e.
Each host plant
being moved interstate must be labeled with adequate identifying information to
permit trace back to each premises on which the plants were grown;
f.
Facilities must maintain records of
inspections, treatments, invoices, and shipments made under this protocol and
make the records available to APHIS upon request. Each facility must maintain
all records for at least 3 years after the interstate shipment of the citrus
nursery stock; and
g.
Facility owners and employees must allow
inspectors access to the facility to ensure compliance with this Federal
Order.
9. Nursery stock from quarantined areas that is
grown and maintained in an SOS program approved structure will be allowed
interstate movement to all states with a certificate under the following conditions:
a. Any person engaged in growing, processing,
handling, or moving host nursery stock in an SOS quarantine area must enter into a
compliance agreement with APHIS:
b.
The nursery stock may only be propagated using materials that originate from an
APHIS-approved state certified clean stock program.
c. The host nursery stock must be grown and
maintained in a facility that meets the following criteria:
i. The structure must have solid roof/barrier to prevent
rain splash: and
ii. The roof/barrier must be kept in good repair without any
gaps.
d. The host nursery stock must not be exposed to
overhead irrigation to reduce the presence of water splash on the surface of
plant tissue.
e. Nursery stock may only be shipped if
accompanied by a certificate issued by an inspector verifying that all
conditions of this Federal Order and any additional requirements stipulated in
the compliance agreement have been met. A copy of the certificate must be
attached to the consignee’s copy of theaccompanying waybill;
f. Nurseries must be inspected by an inspector
on a quarterly basis to verify absence of SOS;
g. Nursery stock for shipping must undergo a
pre-shipment inspection on each lot within 5-7 days before shipment. If no
SOS-positive plants are found, the plants may be shipped.
h. Each host plant being moved interstate must
be labeled with adequate identifying information to permit trace back to each
premise on which the plants were grown;
i. Facilities must maintain records of
inspections, treatments, invoices, and shipments made under this protocol and
make the records available to APHIS upon request. Each facility must maintain
all records for at least 3 years after interstate shipment of the citrus
nursery stock; and
j. Facility owners and employees must allow
inspectors access to the facility to ensure compliance with this Federal Order.
D.
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 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.
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 Order.
Limited Permit: A document
issued by 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.