FEDERAL ORDER
DA-2013-27
Domestic Quarantine
Phytophthora ramorum
July 03, 2013
This Federal Order is
issued pursuant to the regulatory authority provided by 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, or means of
conveyance, if the Secretary determines the prohibition or restriction is
necessary to prevent the dissemination of a plant pest within the United
States, and is likewise issued pursuant to the regulations, promulgated under
the Plant Protection Act, and found at 7 CFR 301.92 et. seq.
This Federal Order revises
the Phytophthora ramorum
domestic quarantine regulations located at 7 CFR Part 301.92 to relieve
regulatory requirements for certain nurseries in P. ramorum
regulated areas of California, Oregon and Washington State, as defined
under 7 CFR 301.92-3 (b), that do not contain, and that do not ship any species
of proven host plant taxa or associated plant taxa as defined under 7 CFR 301.92-2 (d) and (e),
considered non-host nurseries in this Order. Effective immediately, APHIS will
no longer impose P. ramorum regulatory
requirements for interstate movement of non-host nursery stock from nurseries
that do not contain and that do not ship the listed proven host taxa and associated plant taxa,
including assembling for inspection, inspection and sampling, certificates,
compliance agreements, and recordkeeping. Prior to movement, the nursery stock
must be eligible for unrestricted movement under all other Federal and State
domestic plant quarantines and regulations applicable to the nursery stock.
APHIS will, however, continue to regulate all interstate shipping nurseries
located in quarantine areas, including those that contain only non-host nursery
stock.
Nurseries in P. ramorum regulated areas that contain regulated or
associated articles of nursery stock must continue to comply with the provisions
in 7 CFR 301.92 et. seq.
Regulated host nurseries may be eligible for unrestricted movement if they
discontinue the growing, processing, handling or shipping of regulated or
associated articles of nursery stock, and if inspection conducted in accordance
with 7 CFR 301.92-11 reveals freedom from P. ramorum.
If APHIS revises the list of proven or associated plant host taxa to include new host plant genera/species, then
nurseries in regulated areas that grow the new proven host taxa
will be subjected to the regulations under 7 CFR 301.92.
APHIS is taking this action
based on regulatory data obtained since 2004, which indicate no detections of P.
ramorum in non-host nurseries. The reason for
continued regulation of non-host nurseries that are located in quarantine
areas, in spite of no P. ramorum detections in
these nurseries, is based on the presence of P. ramorum
in the surrounding natural environment, the inseparability of the areas for
quarantine enforcement purposes, and the strategy for risk mitigation. This
amendment to the regulations 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.
To receive additional
details on the Federal Phytophthora ramorum
regulatory program, please contact Dr. Prakash Hebber, National Policy Manager, at (301) 851-2228 or Stacy
Scott, National Operations Manager, at (970) 494-7577.