FEDERAL ORDER
Domestic quarantine
Phytophthora ramorum
DA-2014-02
01-10-2014
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.
The
domestic quarantine regulations for Phytophthora
ramorum are located at 7 CFR
Part 301.92 et seq. The regulations designate certain articles,
including nursery stock, as restricted, regulated, or associated articles for P.
ramorum, and specify the conditions under which
such articles may be moved interstate from an area that is quarantined or
regulated for P. ramorum. The current
quarantined areas for P. ramorum are
designated in paragraph (a) of 7 CFR 301.92-3. The current regulated areas for P.
ramorum are designated in paragraph (b) of 7 CFR
301.92-3.
Regulated
Areas
This
Federal Order revises the P. ramorum domestic
quarantine regulations to immediately relieve and/or impose regulatory
requirements for certain nurseries in P. ramorum regulated
areas. Currently, under 7 CFR 301.92-5(b) and 301.92-11(c), in order to ship
regulated nursery stock interstate, nurseries in regulated areas must be
inspected annually by an inspector for symptoms of P. ramorum,
and samples of regulated plants and/or associated articles at the nursery must
be tested for P. ramorum, with negative
results. (Under 7 CFR 301.92-5(a) and 301.92-11(a) and (b), nurseries in P. ramorum quarantined areas are subject to similar, more
stringent inspection requirements in order to ship regulated nursery stock
interstate.)
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Effective March 31, 2014, if P. ramorum
has not been detected at a nursery in a regulated area within the last
three years (on or after March 31, 2011) as a result of such inspections, we
will no longer require the nursery to be inspected and samples from the nursery
to be tested in order for it to ship regulated or associated nursery stock
interstate. The Administrator has determined that, based on regulatory data
from annual inspections conducted pursuant to 7 CFR 301.92-5(b) and
301.92-11(c), if sources of P. ramorum inoculum exist within or in proximity to a nursery, it is
highly unlikely that plants at the nursery will test negative for P. ramorum for three consecutive years.
Conversely,
if P. ramorum has been detected at a nursery
in a regulated area within the past three years as a result of such
inspections, we are requiring that, during the next annual inspection conducted
pursuant to 7 CFR 301.92-5(b) and 301.92-11(c), or any other inspections
conducted pursuant to the Plant Protection Act, samples from host plants, soil,
standing water, drainage water, water for irrigation, growing media, and any
other articles designated by an inspector as possible sources of P. ramorum inoculum at the
nursery must be tested for P. ramorum.
We are taking this measure because, based on regulatory data from annual
inspections conducted pursuant to 7 CFR 301.92-5(b) and 301.92-11(c), if
regulated plants at a nursery test positive for P. ramorum,
it is highly likely that sources of P. ramorum exist
within or in proximity to a nursery.
If any
such samples test positive for P. ramorum, the
nursery must enter into a compliance agreement with APHIS
in order to continue to ship interstate any regulated or associated articles
for P. ramorum. In this compliance agreement,
the nursery must agree to address sources of P. ramorum
determined to exist at the nursery in order to prevent the spread of P. ramorum through the interstate movement of such
regulated or associated articles. All critical control points identified by
APHIS must be addressed within this compliance agreement. In order to ship
interstate from the nursery regulated or associated articles for P. ramorum, an inspector must evaluate those particular
articles and determine that the risk they present of spreading P. ramorum has been mitigated.
Conversely,
if all samples obtained from the nursery test negative for P. ramorum, the nursery will be allowed to ship nursery stock
under a certificate pursuant to the current regulations at 7 CFR 301.92-5(b).
If all samples obtained from the nursery according to an APHIS-approved testing
protocol test negative for three consecutive years, following Federal
corroboration of the third year’s test results, we will no longer require the
nursery to be inspected in order for it to ship regulated or associated nursery
stock interstate, and certificates will no longer be required for such
interstate movement.
Even if a
nursery is no longer subject to the annul testing and inspection requirements
as a result of this Federal Order, in order for the nursery to ship regulated
or associated articles interstate that were not propagated within the nursery,
these articles must be obtained from a nursery in the regulated area that is
certified pursuant to 7 CFR part 301.92 or that has been released from testing
and inspection requirements as a result of this Federal Order. State
departments of agriculture in the regulated areas will maintain a list of all
such nurseries in their State.
Quarantined
Areas
Additionally,
this Federal Order immediately revises the P. ramorum
domestic quarantine regulations to require certain nurseries in P. ramorum quarantined areas to undergo further sampling
for possible sources of P. ramorum. Effective
March, 31, 2014, if P. ramorum has been
detected at a nursery located in a P. ramorum quarantined
area within the past three years (on or after March 31, 2011) as a result of an
annual inspection conducted pursuant to 7 CFR 301.92-5(a) and 301.92-11(a) and
(b), or through other inspections conducted pursuant to the Plant Protection
Act, we are requiring that, during the next annual inspection conducted at the
nursery samples from host plants, soil, standing water, drainage water, water
for irrigation, growing media, and any other articles designated by an
inspector as possible sources of P. ramorum inoculum at the nursery must be tested for P. ramorum. Currently, only nursery stock and other
regulated, restricted, and associated articles are inspected and tested.
If any
such samples test positive for P. ramorum, the
nursery must enter into an amended compliance agreement
with APHIS in order to continue to ship interstate any regulated, restricted,
and associated articles for P. ramorum. In
this compliance agreement, the nursery must agree to address sources of P. ramorum determined to exist at the nursery in order to
prevent the spread of P. ramorum through the
interstate movement of such regulated, restricted, or associated articles. All
critical control points identified by APHIS must be addressed within this
amended compliance agreement. In order to ship interstate from the nursery
regulated, restricted, or associated articles for P. ramorum,
an inspector must evaluate those particular articles and determine that the
risk they present of spreading P. ramorum has
been mitigated.
Conversely,
if all samples obtained from the nursery test negative for P. ramorum, the nursery will be allowed to ship nursery
stock under a certificate pursuant to the current regulations at 7 CFR
301.92-5(a).
In
summary, unlike in the regulated areas, nurseries located in the quarantine
areas that have no P. ramorum detections
will continue to be regulated. This 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.
Nurseries
Outside of Regulated or Quarantined Areas
Finally,
this Federal Order also immediately revises the P. ramorum
domestic quarantine regulations so that certain nurseries that are not
located in P. ramorum quarantined or regulated
areas may be subject to regulatory requirements. Effective March 31, 2014, if a
nursery is not located in a quarantined or regulated area, but ships regulated,
restricted, or associated articles interstate, APHIS will regulate it if any of
the following sources of inoculum are detected at the
nursery on or after March 31, 2014:
• P. ramorum is detected on nursery stock.
• P. ramorum is detected in soil, standing water, or
drainage water within the nursery.
• P. ramorum is detected in water used for irrigation.
• P. ramorum is detected in growing media, in pots used for
nursery stock, in any other regulated, restricted, or associated articles at
the nursery, or in any other articles at the nursery designated by an inspector
as possible sources of P. ramorum inoculum.
Such regulated
nurseries must enter into a compliance agreement with
APHIS in order to continue to ship interstate any regulated, restricted, or
associated articles. In this compliance agreement, the nursery must agree to
address sources of P. ramorum determined to
exist at the nursery in order to prevent the spread of P. ramorum through the interstate movement of such
regulated, restricted, or associated articles. All critical control
points identified by APHIS must be addressed within this compliance agreement.
The nursery may not ship interstate regulated, restricted, or associated
articles for P. ramorum until an inspector has
evaluated those particular articles and determined that the risk they present
of spreading P. ramorum has been mitigated.
This
Federal Order will allow APHIS and State Regulatory Agencies to refocus
resources away from those nurseries that we consider to pose a minimal risk of
contributing to the artificial spread of P. ramorum,
and focus them instead
on those nurseries that present a significant risk of spreading P.
ramorum, while also minimizing the overall burden
on the nursery industry.
To receive
additional details on the Federal Phytophthora
ramorum regulatory program, please call APHIS’
National Policy Manager Prakash Hebbar,
Ph.D. at 301-851-2228 or National Operations Manager Stacy Scott at
970-494-7577.
Background
APHIS
first enacted a Federal quarantine for P. ramorum when
it was discovered in the natural environment in fourteen counties in California
and portions of one county in Oregon. When the disease was subsequently
detected in certain nurseries on the West Coast that shipped nursery stock
interstate, we issued an emergency Federal Order that regulated the movement of
regulated nursery stock from the entire States of California, Oregon, and
Washington in order to prevent the spread of the disease from these States.
When we
subsequently codified this Federal Order through an interim rule, we
substantially retained this regulatory structure. As a result, the regulations
at 7 CFR part 301.92-5 not only place restrictions on the movement of regulated
articles from nurseries in areas quarantined for P. ramorum
(currently 14 counties in California and portions of 1 county in Oregon),
but also restrict the movement of regulated articles from all other areas in
California and Oregon, as well as the State of Washington. The regulations at 7
CFR part 301.92-3(b) designate these other areas in California and Oregon, as
well as the entire State of Washington, as regulated areas for P. ramorum.
Currently,
under 7 CFR 301.92-5(b) and 301.92-11(c), in order to ship regulated nursery
stock interstate, nurseries in regulated areas must be inspected annually by an
inspector for symptoms of P. ramorum, and
samples of any symptomatic plants must be tested for P. ramorum,
with negative results. As a result of this regulatory requirement, APHIS or
State Regulatory Agencies currently inspect approximately 1,500 nurseries
annually in California, Oregon, and Washington in order to certify them to move
regulated nursery stock interstate.
258.4 01-28-14
However, since these inspections began, P. ramorum
has been detected in a very small percentage of these nurseries within
regulated areas—usually no more than three percent annually. The vast majority
of inspected nurseries have been found free of P. ramorum
each time they have been inspected. Based on the absence of detections over
a prolonged period of time, we do not consider there to be a sufficient risk
basis to continue inspecting the nurseries.
Additionally,
of those nurseries within regulated areas where P. ramorum
was detected, a majority had detections in the first years of the program
that were traced to shipments of infested nursery stock into the nursery. In
conjunction
with their respective State departments of agriculture, the nurseries
adopted APHIS protocols to rid their establishments of the pathogen and prevent
future introductions through shipments of infested nursery stock. The nurseries
have also been subject to rigorous inspection and sampling protocols by their
State departments of agriculture to determine the presence or absence of the
disease. Accordingly, the vast majority of these nurseries have not had
detections of P. ramorum in their nurseries
for at least the past three years.
Between
the years 2001 and 2011, nursery stock, soil, potting media, and/or standing
water tested positive for P. ramorum at more
than 460 nurseries. As we noted above, most of the nurseries in the regulated
areas that tested positive for P. ramorum did
so only because they received shipments of infested nursery stock from other
nurseries. Since that time, those nurseries have taken measures to address this
source of introduction, and the pathogen has not been detected within the nurseries.
Approximately
twenty-six percent of the approximately 460 nurseries that tested positive
within this ten-year time period are located in areas other than quarantined or
regulated areas for P. ramorum. Most of these
nurseries are retailers that sell directly to consumers and are not engaged in
interstate commerce. However, some do ship regulated nursery stock interstate.
Several of these retail nurseries have tested positive for the pathogen in
their soil, standing water, and/or growing media. Accordingly, to
address the risk that such nurseries pose of contributing to the spread of P. ramorum within the United States, we have decided that it
is necessary to immediately regulate nurseries located outside of the
quarantined and regulated areas for P. ramorum that
move regulated, restricted, or associated nursery stock interstate if P. ramorum is detected within the nurseries.
Additionally,
P. ramorum has been detected in drainage ponds
or water reservoirs that nurseries use for irrigation in seven States that are
neither quarantined nor regulated for the disease. While the nurseries that use
these reservoirs
for
irrigation have not tested positive to date, we do consider there to be a
significant risk that P. ramorum from these
reservoirs could infect plants at the nurseries that are destined to be shipped
interstate. For this reason, we have decided that it is necessary to
immediately regulate nurseries that use drainage ponds or water reservoirs in
which P. ramorum has been detected for irrigation, if
the nurseries move regulated, restricted, or associated nursery stock
interstate