Domestic
Quarantine for
Phytophthora
ramorum 7 CFR 301.92
DA-2012-53
December
10, 2012
The purpose of this Federal Order
is to prevent the spread of harmful plant diseases caused by P. ramorum, through
regulatory authority pursuant to 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.
This Federal Order supersedes all
previous Federal Orders pertaining to Phytophthora ramorum notification
including the January 28, 2011 (DA-2011-04) and the subsequent Federal Order
dated February 25, 2011 (DA-2011-10). The Animal and Plant Health Inspection
Service (APHIS) issued the above-referenced Federal Orders to require certain
nurseries in quarantine and regulated areas to provide advance notification for
shipments of P. ramorum high-risk host nursery stock. This Federal Order
amends the requirements for nurseries in the regulated areas and describes the
timeframe for maintaining records.
APHIS is taking this action based
on the findings of the advance notification review and additional information
provided by State Regulatory Authorities and industry stakeholders. The review
findings indicated that the advance notification requirement, in its current
form, did not meet the established goals of providing non-regulated states
sufficient information to allow them to prioritize resources and assure rapid
response.
Currently, nurseries shipping
interstate high-risk nursery stock of Camellia, Kalmia, Pieris, Rhododendron
(including Azalea), and Viburnum (as defined under 7CFR 301.92-2) from
quarantine areas in California and Oregon must provide written notification to
the non-regulated states. In addition, nurseries shipping interstate high-risk
nursery stock located in several regulated areas in California, Oregon and
Washington have to notify whether or not P. ramorum has been detected on
their premises.
The amended Federal Order will
require any nursery located in the current quarantined counties shipping
interstate any species of the genera Camellia, Kalmia, Pieris, Rhododendron
(including Azalea), and Viburnum (defined under 7 CFR 301.92-2 (d)
proven host taxa) to non-regulated areas, to continue
providing notification to destination states. In the regulated areas, however
the amended Federal Order will apply only to specific nurseries that are
currently positive for P. ramorum or have tested positive for P.
ramorum over the last 3 years (since 2010). In addition, if P. ramorum is
detected in the future, for example, during nursery certification surveys or
surveys resulting from trace investigations, these nurseries will also be
required to provide notifications. Therefore, nurseries located in a regulated
county that have never detected P. ramorum on their premises or have
tested negative for P. ramorum for the last consecutive 3 years are no
longer required to provide notification. This amendment to the Federal Order
will assist both APHIS and State Regulatory Agencies to refocus their resources
on nurseries located in quarantine areas and those high-risk nurseries where P.
ramorum has been detected, while minimizing the burden on the nursery
industry.
Effective immediately, any
nursery located in the current quarantined counties shipping interstate any
species of the genera Camellia, Kalmia, Pieris, Rhododendron (including
Azalea), and Viburnum (defined under 7 CFR 301.92-2 (d) proven host taxa) to non-regulated areas, must continue to provide
notification to destination states. The current quarantined counties are:
California: Alameda,
Contra Costa, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Francisco,
San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma
Oregon: Curry.
Effective immediately, only
previously or newly positive nurseries in the regulated areas of California,
Oregon, and Washington shipping interstate any species of the genera Camellia,
Kalmia, Pieris, Rhododendron (including Azalea), and Viburnum will
be required to notify. This revised Federal Order removes notification
requirements for nurseries in counties within regulated areas that have never
tested positive for P. ramorum or have tested negative for the past
three years.
APHIS and the State Regulatory
Agencies in the regulated states will jointly review regulatory history
(presence or absence of P. ramorum) of nurseries in the regulated areas
to determine if they will be affected by this revised Federal Order and if they
do, the nurseries that need to comply will be notified by their respective
State Regulatory Agency. In addition, nurseries affected by the Federal Order
must provide notification while under the Confirmed Nursery Protocol, and for
two years after their release. APHIS will provide trace information to
non-regulated states. Notifications will serve as an additional source of
information for states receiving high-risk P. ramorum host nursery
stock.
Notification of an outgoing
shipment must be received by the State Plant Regulatory Agency before
the shipment arrives at its destination. Nurseries may send notifications by
mail, facsimile, or email. The requirement is satisfied by providing a bill of
sale, manifest, or other forms of documentation that includes the following
information:
• Name, telephone number, and
address of the consignee;
• Name, telephone number, and
address of the shipper;
• Plant name, number of each
plant species/variety shipped;
• Mode of transportation (air,
courier, ground); and
• Date of shipment
Nurseries within the regulated
areas affected by this Federal Order and all interstate shippers of the five
high-risk host plants in the quarantine areas are required to maintain
notification records for a period of 1 year from the notification date to
assist with assessing compliance. If nursery stock shipments arrive to the
non-regulated state(s) without notification due to technical problems or
emergencies, or arrive with errors, the shipping nurseries have 3 business days
from the day the shipment(s) arrives to its destination to provide appropriate
notification and explanation. If after the third business day neither the
notification(s) nor explanation for non-compliance is provided, the receiving
state may return the shipment to the point of origin or shipments may be
destroyed at the shipper’s expense. Failure to comply with the Federal Order or
compliance agreement issued under the Federal Order could result in suspension
or revocation of the compliance agreement. APHIS State Plant Health Directors
from the receiving state and the APHIS P. ramorum National Operations
Manager will assist State Regulatory Agencies when there are issues related to
non-compliance.
Affected nurseries with new
positive detections are required to provide APHIS with trace forward
information (i.e., interstate shipment details of the positive plant
species/cultivar and of any high-risk genera for the previous 1-year from the
date of detection) within 10 business days. APHIS will provide trace
information to the receiving states. While carrying out the functions specified
in this Federal Order, the receiving states must follow procedures consistent
with Federal regulations, which are detailed in 7 CFR 301.92.
The notification contact
information for each State is listed on the APHIS website:
http://www.aphis.usda.gov/plant_health/plant_pest_info/pram/downloads/pdf_files/pram-prenotification-statecontacts.pdf
and within the States’ law and regulation documents on the
following Website:
http://www.nationalplantboard.org/laws.
If further clarification is
needed from the state, please contact the State’s SPRO office through
http://www.nationalplantboard.org/member/index.html.
To receive additional details on
the Federal Phytophthora ramorum regulatory program, please contact Dr. Prakash Hebbar, APHIS’ National
Policy Manager, at (301) 851-2228 or Stacy Scott, Field Operations Manager, at
(970) 494-7577.