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Oregon Bulletin

February 1, 2014

Department of Agriculture, Chapter 603

Rule Caption: Adopts quarantine for Rathayibacter Toxicus including methods for exclusion and for eradication if found.

Adm. Order No.: DOA 1-2014

Filed with Sec. of State: 1-15-2014

Certified to be Effective: 1-15-14

Notice Publication Date: 11-1-2013

Rules Adopted: 603-052-1241

Subject: This rule establishes a quarantine against Rathayibacter Toxicus , the cause of bacterial Gummosis of seed heads. This Bacterium causes a disease that infects ryegrass and other grass species, severely limiting seed production. The bacterium also produces a toxin that can contaminate grass seeds, hay, and other plant parts; the toxin can be fatal to mammals. Methods for exclusion of commodities potentially infected with this bacterium and procedures for eradication of incipient infections are prescribed in this quarantine.

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

603-052-1241

Quarantine: Rathayibacter toxicus

(1) Establishing a quarantine. A quarantine is established against Rathayibacter toxicus, the cause of bacterial gummosis of seed heads. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon’s agricultural industries and natural resources from the artificial spread of R. toxicus. This bacterium causes a disease that infects ryegrass and other grass species, severely limiting seed production. Rathayibacter toxicus also produces a toxin that can contaminate grass seeds, hay, and other plant parts; this toxin can be fatal to mammals. Methods for exclusion of commodities potentially infected with this disease and procedures for eradication of incipient infections are prescribed in this quarantine.

(2) Area under quarantine. All areas outside of the State of Oregon where R. toxicus is known to occur and any property within the State of Oregon where R. toxicus is detected;

(3) Commodities regulated. All plants and plant parts including seed of the following regulated commodities: species of grass known to be hosts for Anguina seed gall nematodes, including Lolium species, Dactylis species, and Agrostis species, and all known hosts of R. toxicus, including Phalaris species, Vulpia myuros (Rat’s tail fescue), Austrodanthonia caespitosa (=Danthonia caespitosa, common wallaby-grass), Avena sativa (common oat), and A. caespitosa (= Deschampia cespitosa, tufted hairgrass). All life stages of R. toxicus.

(4) Provisions of the quarantine. Regulated commodities originating from the area under quarantine, and any other area found to be infested with R. toxicus during the life of this quarantine, are prohibited unless one of the following requirements has been met:

(a) The regulated commodity originates from an area that is free from R. toxicus based on official surveys conducted by an official entity recognized by a National Plant Protection Organization. The regulated commodity must be accompanied by an official certificate that includes the following additional declaration: “The shipment originates from an area known to be free from Rathayibacter toxicus based on official survey.” Official survey data supporting this statement must be presented to the Oregon Department of Agriculture upon request.

(b) The regulated commodity has been tested in an official laboratory recognized by a National Plant Protection Organization using a protocol approved by the Department and has tested free from R. toxicus. The regulated commodity must be accompanied by an official certificate that includes the following additional declaration: “The shipment is free from Rathayibacter toxicus based on official laboratory testing.” An official laboratory test report must be presented to the Oregon Department of Agriculture upon request.

(NOTE: A list of laboratory testing protocols approved by the Department is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4620.)

(5) The Oregon Department of Agriculture may require additional sampling and testing of covered commodities imported from an area or areas where R. toxicus is known to occur, including all areas described in Section (2). The party in possession of said seed lot(s) while in the State of Oregon shall be responsible for all fees for sample collection and testing. Fees shall be applied as described in OAR 603-052-1150 and 603-056-0305.

(6) Infested properties in Oregon: Confirmation of a R. toxicus infection must be made by the Department or an official cooperator. Affected property owners will be issued treatment requirements for the known infested area in the form of an Administrative Directive. The treatment requirements may include, but not be limited to, the following activities:

(a) Mandatory crop rotation;

(b) Herbicide treatments;

(c) Field burning;

(d) Field inspections, including testing;

(e) Planting of certified seed;

(f) Equipment sanitation;

(g) Mandatory official sampling and testing of grass seed lots from future production within infected properties.

(7) Special permits: The Department, upon receipt of an application in writing, may issue a Special Permit allowing movement into this state, or movement within this state, of regulated commodities not otherwise eligible for movement under the provisions of this quarantine order. Movement of such commodities will be subject to any conditions or restrictions stipulated in the Special Permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of R. toxicus.

(8) Violation of quarantine: Violation of this quarantine may result in a fine, if convicted, of not less than $500 no more than $5,000, as provided by ORS 561.990. In addition, violators may be subject to civil penalties of up to $10,000 as provided by ORS 561.995. Any seed lots found to contain R. toxicus must be treated, destroyed or returned to their point of origin at the owner’s expense without expense or indemnity paid by the state.

(9) Review of quarantine: The Department and other interested parties shall review the quarantine requirements biennially for accuracy and effectiveness.

Stat. Auth.: ORS 561.190, 561.510–561.540, 561.990–561.995

Stats. Implemented: ORS 561.510–561.540

Hist.: DOA 1-2014, f. & cert. ef. 1-15-14

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, 2013.

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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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