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Oregon Bulletin

January 1, 2011

 

Department of Agriculture
Chapter 603

Rule Caption: Clarifies species eligible for import and commercial propagation; adds a review committee for Director’s Exemptions.

Adm. Order No.: DOA 20-2010

Filed with Sec. of State: 11-23-2010

Certified to be Effective: 11-23-10

Notice Publication Date: 9-1-2010

Rules Amended: 603-052-0347

Subject: The proposed amendments do the following.

      (1) Clarify that only onion bulbs, sets, or seedlings are eligible for import from Maricopa County, Arizona;

      (2) Clarify that garlic may only be grown for personal use within the control area;

      (3) Establish an industry-based committee to assist in the review of and provide input to the Director about applications for Director’s Exemptions.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-052-0347

Control Area and Procedures in Malheur County

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the onion industry in the following described area through the eradication or control of Allium white-rot disease caused by Sclerotium cepivorum. Such control area includes all of Malheur County.

(2) The following methods of control are declared to be the proper methods to be used in the control area described in section (1) of this rule, for the control and prevention of the introduction of Allium white-rot disease into the area:

(a) No person shall import into the control area for the purpose of propagation any bulbs, sets, or seedlings of onion, garlic, leek, chive, shallots, or other Allium spp. with the following exceptions:

(A) The bulbs, sets, or seedlings were produced in adjacent Idaho counties covered by the Idaho Rules Governing White-Rot Disease of Onion (IDAPA 02.06.07) in Ada, Bingham, Blaine, Boise, Bonneville, Canyon, Cassia, Elmore, Gem, Gooding, Jefferson, Jerome, Lincoln, Madison, Minidoka, Owyhee, Payette, Power, Twin Falls, and Washington counties;

(B) The onion (Allium cepa) bulbs, sets, or seedlings were produced in Maricopa County, Arizona and were shipped in new single-use containers. Each shipment must be accompanied by a state phytosanitary certificate declaring the bulbs, sets, or seedlings were produced in Maricopa County and were officially inspected and found free of Allium white rot;

(b) Commercial onion propagation within the control area shall be limited to production from seed, or if vegetative propagative material is used, that material must be produced within the control area or within the counties described in subsection (a) of this section;

(c) Garlic (Allium sativum) propagation within the control area shall be limited to production in home gardens for personal use;

(d) Except as provided in subsections (d) and (e) of this section, no person shall in any manner import or move machinery, tools, or equipment into the control area, which have previously been used in any manner on fields outside the control area where the host plants named in subsection (a) of this section have been cultivated. Machinery, tools, or equipment may be imported or moved into the control area if they are first cleaned and sterilized to the satisfaction of and with the prior approval of the Department. The cleaning shall include the thorough removal of all dirt by the use of steam under pressure. Sterilization shall be accomplished by the use of steam. For the purposes of this subsection, “machinery, tools, or equipment” includes, but is not limited to, farm trucks, harvesters, and tillage equipment;

(e) Machinery, tools, or equipment utilized in the adjacent Idaho Counties covered by the Idaho Rules Governing White-Rot Disease of Onion in Ada, Bingham, Blaine, Boise, Bonneville, Canyon, Cassia, Elmore, Gem, Gooding, Jefferson, Jerome, Lincoln, Madison, Minidoka, Owyhee, Payette, Power, Twin Falls, and Washington counties are exempt from the prohibitions in subsection (d) of this section;

(f) The Department may stop the movement into or within the control area of any machinery, tools, or equipment, which have not been cleaned and sterilized as provided in this subsection, until such machinery, tools, or equipment are so cleaned and sterilized.

(3) Culls and waste from onions imported from outside of the control area must be disposed of in an approved landfill or must be treated in a manner that the Department has determined will render S. cepivorum sclerotia non-viable.

(4)(a) The Department may inspect any onions or onion planting areas within the control area during any time of the year to determine whether the disease organism is present therein. If the Department finds that any onions, whether or not being transported, or any fields are infested with the disease organism, it shall by written order, delivered or mailed to the onion grower or field owner, direct the control and eradication of the infestation, and may prior to issuance of the order, seize any infected onions which are separated from the land on which grown;

(b) Movement of such onions within the control area or removal of such from the control area may be carried out only with the Department’s prior approval and under its supervision.

(5) Control and eradication methods used shall only be those approved by the Department and will be based on the best available science. These methods may include:

(a) The destruction of any infected onions;

(b) A directive specifying implementation of Departmentally approved mitigation measures to prevent the spread of S. cepivorum;

(c) Prohibit the pasturing of animals on any infested area;

(d) A directive that equipment, tools, and machinery used on an infested area be cleaned and sterilized as described in section (3) of this rule prior to removal from said area.

(6) The Department may, with the consent of the owner, allow use of an infested growing area as an experimental plot by Oregon State University for onion white-rot research. Such use shall be subject to the prior approval of, and supervised by the Department.

(7) The Department, upon receipt of an application in writing, may issue a Director’s Exemption allowing movement into or within this control area of regulated commodities not otherwise eligible for movement under the provisions of this control area order. An advisory committee consisting of Malheur County onion growers, packers, and processors shall review each application and provide input to the Director of the Department of Agriculture. Membership on the advisory committee shall be approved by the Department and the committee shall consist of three growers, two packers, and one processor. The committee must provide input to the Director within thirty (30) days of receipt of the application for review. The Director retains the final authority to approve or deny Director’s Exemption requests. Movement of such commodities will be subject to any conditions or restrictions stipulated in the Director’s Exemption, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of S. cepivorum.

(8) The Department and other interested parties shall review the control area requirements biennially for accuracy and effectiveness.

Stat. Auth.: ORS 561 & 570

Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415

Hist.: AD 2-1977, f. 2-9-77, ef. 3-1-77; DOA 4-2008, f. & cert. ef. 1-11-08; DOA 12-2009, f. & cert. ef. 8-21-09; DOA 20-2010, f. & cert. ef. 11-23-10

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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