3263. EUROPEAN CORN BORER

State Exterior Quarantine

A quarantine is established against the following pest, its hosts and possible carriers.

A. Pest. European Corn borer (Ostrinia nubilalis). A moth, family Pyralidae, which is damaging to a wide variety of important food and floral crops.

B. Area Under Quarantine. All states, districts, and territories of the United States.

1. Infested Area.

a. Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

b. In Florida, the counties of Calhoun, Escambia, Gadsden, Hamilton, Holmes, Jackson, Jefferson, Madison, Okaloosa, and Santa Rosa.

c. In Louisiana, the parishes of Bossier, Caddo, Concordia, East Carroll, Franklin, Madison, Morehouse, Natchitoches, Ouachita, Red River, Richland, Tensas, and West Carroll.

d. In Texas, the counties of Carson, Dallam, Deaf Smith, Gray, Hansford, Hartley, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Randall, Roberts, and Sherman.

2. Noninfested Area.

All parishes, counties, states, districts, and territories of the United States not named in the infested area shall be known as the noninfested area.

C. Articles and Commodities Covered.

1. Corn, broom corn, sorghum, and sudangrass plants and all parts thereof (including shelled grain and stalks, ears, cobs, and all other parts, fragments, or debris of said plants);

2. Beans in the pod and pepper fruits;

3. Plants of aster, chrysanthemum, geranium, hollyhock, dahlia and gladiolus.

D. Restrictions.

1. Articles and commodities covered are prohibited entry into California from the infested area unless accompanied by a certificate, issued by an authorized representative of the origin state Department of Agriculture, as provided in (a) or (b) below:

a. Certificate of Treatment specifying that all of the commodities and articles in the lot or shipment were treated by a method and in a manner prescribed by the Secretary; or

b. *Certificate of Processing and Inspection specifying that all of the commodities and articles in the lot or shipment were processed and inspected in conformity with a method and in a manner prescribed by the director.

c. Articles and commodities covered originating in the parishes of Louisiana and the counties of Florida and Texas which are not infested with European corn borer may enter California if accompanied by a certificate of origin issued by an authorized representative of the origin state Department of Agriculture specifying that no portion of the articles or commodities in the lot or shipment was grown in an area where the European corn borer is known to occur. Origin certification is not required for entry into California of articles and commodities covered which originated in states, districts, and territories in the noninfested area.

All certificates must be dated and set forth the kind and quantity of articles or commodities constituting the lot or shipment covered thereby, the initials and number of the railway car or license number of the truck, and the names and addresses of the shipper and consignee.

2. Exemptions. Certification requirements are waived on the following articles and commodities covered:

a. Shelled popcorn, seed for planting, or clean sacked grain for human consumption.

b. Beans in the pod or pepper fruits in lots or shipments of ten pounds or less.

c. Seedling plants or divisions without stems of the previous year's growth of aster, chrysanthemum or hollyhock.

d. Dahlia tubers without stems.

e. Gladiolus corms without stems.

f. Very pungent types of pepper fruit.* See Appendix H

g. Articles and commodities covered when they have been processed or manufactured in a manner that eliminates all danger of carrying European corn borer.

E. All lots or shipments in violation of this regulation shall be disposed of with the following exceptions:

1. Inspecting officers may release small lots or shipments of articles and commodities covered which may be adequately inspected provided no living stage of European corn borer is found; or such small lots may be treated in a manner approved by the Secretary under official supervision and thereafter released. (See APPENDIX I)

2. Certified Shipments of Shelled Corn Not in Conformity May be Treated or Processed in California.

a. Shipments of shelled corn entering California under certificate from states in the European corn borer infested area, which are found to be contaminated with plant portions or fragments capable of or actually harboring larvae of European corn borer, may be treated or processed in California to destroy such larvae if the state which issued the certificate has entered into a program to strengthen its origin inspection and certification for European corn borer. If a state wishes to enter this program, a signed agreement from the origin state agricultural regulatory agency must be received and accepted by the director. The agreement shall affirm that the origin state agricultural regulatory agency agrees to:

1. Use specified type of uniform screening and/or treatment certificates.

2. Certify as to all the following conditions:

aa. Inspection of each car or truck before loading;

bb. Constant checking of screens and loading procedures (includes replacement of damaged or broken screens as necessary);

cc. Moving corn through screening and loading process at an established rate which assures only clean corn going into the railroad car or truck; and

dd. Checking corn after screening and prior to loading to make certain it is free of debris capable of carrying European corn borer larvae.

3. Each lot of shelled corn grown in or shipped from the infested area shall be accompanied by a certificate issued by an authorized representative of the origin state Department of Agriculture stating:

aa. The grain has passed through a l/2 inch or smaller size mesh screen, or

bb. The grain has been treated for European corn borer in a manner approved by the Secretary.

4. Screening, processing, or treating shall be done under state supervision.

5. California agricultural regulatory officials will monitor shelled corn shipped from infested states to determine program conformity. If within a one-year period more than three violations from one location are found, the agricultural regulatory officials of the origin state will be informed and they will terminate issuance of the specified program certificates for shelled corn from that location. The origin state will be required to tighten its certification program before resumption of shelled corn certification shipments from that location.

b. Before any shelled corn is treated or processed in California under (E.2.a), permission must be obtained from the Secretary (through the Pest Exclusion Branch). The location where treatment or processing will take place will be specified when permission is given.
 

APPENDIX A

All European Corn Borer approved mills should be covered by an agreement similar to the recommended one shown below.

Mills not under agreement should not be placed on the list of European Corn Borer approved mills.

RECOMMENDED
EUROPEAN CORN BORER APPROVED MILL AGREEMENT
(For Rail Cars Only)

A. Agreement:

THIS AGREEMENT is made and entered into by (name of approved mill) hereinafter known as the "Owner" as a condition to approval by (name of county) county agricultural commissioner of feed mill owned or operated by "Owner" as being approved to receive and process corn and milo from the European Corn Borer infested area.

The owner in executing this agreement agrees to operate and maintain his feed mill operation in such a manner that no adverse effect to agriculture will result.
 

B. Provisions of Agreement:

l. Mill Area

a. Adequate protection shall be afforded at the unloading site to prevent dissemination by the wind of any debris.

b. After each truck or hopper is unloaded into the pit, pit area will be swept clean before removal from unloading area.

c. All rail car hoppers shall be inspected before being removed from the unloading site to ascertain all grain and debris has been unloaded. (Trucks are cleared at the border.)

d. All corn and milo will be screened to remove debris.
 

C. Methods of Treating or Processing Debris:

1. Debris will be collected in barrels and handled in one of the following manners:

a. Burned.

b. Fumigated.

c. Put in plastic bags, sealed, and taken to an approved landfill.

d. Or any method approved by the county agricultural commissioner.
 

D. It is understood that personnel from the agricultural commissioner's office will inspect the operation semi-annually to see that conditions of this agreement are being met and any unsatisfactory conditions corrected immediately.
 

E. The name of a responsible employee of said feed mill shall be designated in a letter to the commissioner as the person responsible to ascertain that all phases of this agreement are in compliance.
 

F. Revocation:

If the mill owner or his operation should in any manner violate this agreement, then and in that event, this agreement shall be revoked and considered null and void.
 

APPROVED:
 

____________________________________ ____________________________

County Agricultural Commissioner                      Signature of Owner
 

____________________________________ ____________________________

Date                                                                             Date

EUROPEAN CORN BORER APPROVED MILLS

APPENDIX B

As permitted under (e.2) of the European Corn Borer Quarantine, the mills listed below are approved to process feed grain found not be in compliance with the quarantine.

FRESNO COUNTY

Zacky Farms, Fresno

LOS ANGELES COUNTY

California Milling Company, Los Angeles

MADERA COUNTY

Valley Grain Products #1, MaderaMasa Only

Valley Grain Products #2, MaderaMasa Only

MERCED COUNTY

Foster Farms, Delhi

SAN BERNARDINO COUNTY

George Verhoeven Grain Inc., Ontario

Honeyville Grain Inc., Rancho Cucamonga

SAN JOAQUIN COUNTY

Ingredion (Formally Corn Products), Stockton

Pacific Ethanol, Stockton

SAN LUIS OBISPO COUNTY

Templeton Feed and Grain, Templeton

(For pelleting only)

YOLO COUNTY

Adams Schwab, and Adams, Woodland

Cargill, Sacramento Port, West Sacramento

EUROPEAN CORN BORER APPROVED PROCESS AND INSPECTION

APPENDIX C 02-10-15

1. Shelled Grain may be certified under (D.1.b) provided it had passed through a ˝ inch or less mesh screen prior to loading and is believed to be free of stalks, cobs, stems, or portions of plants or fragments capable of harboring larvae of ECB, and, further, that the car or truck has been found to be free of any such host plant fragments at the time of loading.

2. Plants or cut flowers of aster, chrysanthemum, dahlia, geraniums, gladiolus, and hollyhocks may be certified provided they meet the requirements of QC Permit No. 1409:

a. Plants or cut flowers shall be produced in an approved greenhouse(s) that are tightly enclosed to exclude European corn borer (ECB).

 

b. The greenhouses shall have received all host stock plant material from either an origin free of, or properly certified for ECB.

 

c. A minimum of two ECB traps shall be placed in each greenhouse, away from the doors, and maintained by the origin department of agriculture (DA).  The trapping period shall be May 1 through October 31 of each year. The traps shall be phermone baited ECB traps and shall be serviced weekly. Traps shall be in place from initial planting through the entire production cycle.

 

d. If ECB is trapped, the DA shall immediately notify the Pest Exclusion Interior Program and shall discontinue shipments of permitted plants from the greenhouse in which the ECB was trapped.

 

e. All plants shall be produced in sterilized potting media and in new or sterilized containers.

f. Each shipment of plants shall be accompanied by a certificate issued by a representative of DA confirming that the shipment is free from European corn borer and including the statement "Meets California’s Systems Approach for European Corn Borer."  The certificate shall also provide the name and address of the shipper and consignee as well as the number of plants in the shipment.

 

g. In lieu of a paper certificate, a sticker or stamp‑type certificate may be used with the following format:

(State of Origin) Plants Shipped Under Authority of

California’s Systems Approach for European Corn Borer. 

Approved by (State) Department of Agriculture.

 

                         (signature)________________

Authorized Representative

 

h. All shipments shall be moved directly from the origin greenhouse to the California destination without diversion.

 

i. All shipments are subject to inspection upon arrival in California.

 

j. The detection of ECB, or other serious plant pest, or violation of any of the conditions of this permit, may be sufficient cause for immediate revocation of this permit.

UNIFORM PROCEDURE FOR MONITORING SHIPMENTS OF FEED CORN

APPENDIX D 11-22-93

1. Certified Shipments of Feed Corn.

a. Shipments moving to ECB approved mills need not be inspected.

b. Release if properly certified fumigated at origin. All shipments are still subject to inspection for other reasons as required (weed seed, cottonseed, soil, etc.).

c. Reject, if on inspection of a shipment, corn cobs or large pieces of stalk are found that would indicate improper screening. Also, reject only if five or more small pieces of debris over 3/4 inch in diameter are found. Most corn is screened over ˝-inch square screens. A 3/4 inch piece of debris several inches long could "squeeze" through this ˝-inch square opening even if the corn was properly screened. "Pencil" size pieces of debris should be split open and the load rejected only if a live ECB is found. Research studies conducted in Kansas indicates that the ECB larvae can survive for only a limited time in stored grain.

d. Reject any shipment of corn if a live larvae of the ECB is found during inspection of the corn or anywhere on the car.

2. States with Strengthened Origin Inspection Programs

a. The following states in the infested area have signed agreements and entered into a program to strengthen origin inspection and certification. When approved by California, contaminated shipments may be treated in California from these states:

Colorado, Kansas, Missouri, Nebraska, Iowa and Minnesota

b. Inspect a random number of carriers from each shipper location when shipping state has signed agreement.

c. If excessive violations are found from one shipper location the regulatory official of the origin state will be notified and they will terminate the signing of such certificates from that location. Shipments en route prior to the notification date may be treated in California if in violation. Shipments made after the notification date should be rejected and shipped out of state.

d. Shipper locations in violation may re-enter the origin certification program when origin state officials notify California officials that corrective action has been taken to assure only clean grain will be shipped from that location.

e. Recommended Random Sample from States under Agreement

1. 20% from each shipper location (1 out of 5) when there have been no rejections for debris during the past year.

2. 40% from each shipper location (2 out of 5) when there was a rejection for debris over six months ago but less than one year ago.

3. 60% from each shipper location (3 out of 5) when there was a rejection for debris over three months ago but less than six months ago.

4. 80% from each shipper location (4 out of 5) when there was a rejection for debris over one month ago but less than three months ago.

5. 100% from each shipper location with a rejection for debris within the past one month.

f. Excessive Violations from One Location

1. Three within any one-month period.

2. Four within any consecutive two-month period.

3. States Without Signed Agreement to Strengthen Origin Inspection Programs:

Inspect all shipments from states which have not entered into a program to strengthen origin inspection and certification. When excessive debris is found in shipment from these states, reject and ship out of state.

4. Terminal Facilities

If screening procedures are used at destination, inspect at regular intervals any available debris screened out of the commodity. Also inspect the unloading and storage facilities at regular intervals.

5. Recommended Intervals of Inspection of Terminal Facilities

a. Inspect daily if shipments are being unloaded daily.

b. Inspect bi-weekly if two or four shipments are being unloaded weekly.

c. Inspect other facilities on a weekly basis or after shipment is unloaded.

Require all debris originating from an infested state and found at unloading and storage facilities to be cleaned up and disposed of immediately upon discovery.

DESTINATION TREATMENT

APPENDIX E 11-22-93

1. Destination treatment is permitted for feed corn that is found to be in violation due to excessive debris.

2. Because there have been so few rejections in the past year, this appendix gives all counties, with treatment facilities available, permission to treat at destination any shipment found to be in violation, provided the shipment originated in a state that is under agreement (Appendix D of the quarantine).

3. County personnel must report to the Pest Exclusion area office each shipment that is treated.

4. Pest Exclusion will contact the shipping state officials and request corrective action be taken if excessive treatments are noted from any one shipper.

ADDITIONAL INFESTED AREAS

APPENDIX F 09-16-02

New Mexico

The counties of Chaves, Curry, Quay, Roosevelt, San Juan, Sante Fe, Torrance, Union, and Valencia.

Texas

The counties of Bailey, Castro, Floyd, Hale, Lamb, Parmer and Swisher.

Commercial shipments of regulated items from the above must be certified. New Mexico and Texas have agreed to certify potentially infested materials to facilitate their movement across state lines.

All noncommercial shipments of articles and commodities covered by this quarantine should be rejected under the authority of Section 6461.5, Food and Agricultural Code, when originating from one of the above infested counties.

Canada

All provinces of Canada except British Columbia are infested with ECB. Shipments of regulated articles/commodities from all provinces except British Columbia must meet the requirements of this quarantine. Regulated articles/ commodities not meeting the requirements of this quarantine should be rejected under Section 6461 of the Food and Agricultural Code.

PERMITS FOR SWEET CORN

APPENDIX G            08-26-09

1. Permit No. QC 712 has been issued to the Colorado Department of Agriculture to authorize firms to ship unfumigated fresh sweet corn to California which was grown in western Colorado. Each shipment of fresh sweet corn will be accompanied by a certificate issued by the Colorado Department of Agriculture, naming the shipper; stating the identification number of the lot, the size of the shipment, and the name and address of the consignee; and affirming that the shipment is in compliance with the requirements of Permit No. QC 712. Sweet corn shipped to California under this permit is subject to inspection upon arrival.

CLARIFICATION OF REGULATED ARTICLES

APPENDIX H            08-21-06

Regulated Articles further defined:

1. Chrysanthemum

Under regulated articles and commodities the common name "chrysanthemum" refers to both genera Chrysanthemum and Dendranthema.

Exemptions further defined:

2. Geranium

Under regulated articles and commodities the common name "geranium" refers to plants of the genus Pelargonium which have fleshy stems and are a host to European Corn Borer. Plants of the genus Geranium commonly known as "cranesbill," "true geranium" or "perennial geranium" are not regulated articles under this quarantine. Plants of the genus Geranium are readily distinguished from Pelargonium by their "wire-thin" stem caliper.

3. Seedling Plants

Seedling geraniums (Pelargonium) and dalhias may be exempted from the European Corn Borer Quarantine as are other flowers listed in Section (D.2.c). Plants produced from cuttings are not considered seedlings and are not exempt.

4. Very Pungent Chili Peppers Exempt

a. Capsicum annuum

    1. Ornamental Groups

        aa. Cerasiforme (cherry pepper) very pungent

        bb. Fasciculatum (red pepper) very pungent

    2. Non-Ornamental Groups

        aa. Longum (capsicum, cayenne, chili, long red, and should include:  Big Jim, hot banana, jalapeno, serrano, Anaheim, and hot cherry) very pungent.

5. Bleached Cornhusks

The sulphuring process used in bleaching corn husks intended for use in wrapping tamales, etc., will eliminate all danger of such shucks carrying live European corn borer larvae. These shucks are admissible without certification.

INSPECTION OF SMALL LOTS

APPENDIX I                        09-17-12

Small shipments of sweet peppers and beans in the pod, may be released if the surface of all pieces of fruit is inspected and found free from insect damage including entry holes. Any fruit demonstrating insect damage should be rejected. Small shipments of corn should not be released unless it is practical to split all cobs to determine the insect is not present.