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Oregon Bulletin

April 1, 2013

Department of Agriculture, Chapter 603

Rule Caption: Housekeeping updates to noxious weed, plant pest, and plant disease regulations.

Adm. Order No.: DOA 3-2013

Filed with Sec. of State: 3-1-2013

Certified to be Effective: 3-1-13

Notice Publication Date: 11-1-2012

Rules Amended: 603-052-0075, 603-052-0114, 603-052-0116, 603-052-0127, 603-052-0129, 603-052-1200, 603-052-1320

Subject: The Department of Agriculture housekeeping changed six rules as follows: Updated scientific name of chestnut blight; updated disease distribution for Dutch elm disease and peach yellows phytoplasma; added any properties in Oregon where Japanese beetle, European chafer, or Oriental beetle are found to the area covered under Oregon’s quarantine against Japanese beetle and related pests; updated title of Plant Program Area Director, added newly listed weeds to the state noxious weed quarantine (goats rue and yellow archangel); added eight invertebrates to the list of species approved for commercial use and update scientific names (Orthoporus texicolens, Stratiolaelaps aculeifer, S. miles, Rhopalosiphum padi, Sitobion avenae, Atheta coriaria, Aphidius aphidimyza, Osmis lignaria propinqua); deleted three species from the approved list (Luna moth, monarch butterfly, Melittobia digitata); and corrected spelling of “bumblebees.”

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

603-052-0075

Quarantine; Chestnut Blight

(1) A quarantine is established against chestnut blight, a disease of chestnuts (Castanea spp.) which is caused by the fungus Cryphonectria parasitica (Endothia parasitica), and against all insect pests of chestnuts, including: large chestnut weevil (Curculio caryatrypes), small chestnut weevil (Curculio sayi), nut curculio (Conotrachelus spp.), and oriental chestnut gall wasp (Dryocosmus kuriphilus).

(2) Area Under Quarantine. All states and districts of the United States are included.

(3) Commodities Covered. All trees, plants, cuttings, scions, tissue cultures, and nuts in shell of all species and varieties of chestnut (Castanea spp.) and chinquapin (Castanopsis spp.).

(4) Provisions of the Quarantine:

(a) From all states and districts east of and including Colorado, Montana, New Mexico, and Wyoming, no chestnut (Castanea spp.) or chinquapin (Castanopsis spp.) trees, plants, cuttings, scions, tissue cultures, and nuts in shell may be shipped into Oregon except by special quarantine exemption by the Director of the Oregon Department of Agriculture as provided in OAR 603-052-0020;

(b) From all states west of Colorado, Montana, New Mexico, and Wyoming, trees, plants, cuttings, scions, tissue cultures, and nuts in shell of chestnut and chinquapin may be shipped into Oregon provided that each shipment is accompanied by a certificate bearing the original signature of an authorized agricultural official affirming that the plant material has been inspected and found free from chestnut blight, that the plant material has been grown in the shipping state for at least two years and that chestnut blight disease, large chestnut weevil, small chestnut weevil, nut curculio, Conotrachelus spp., and oriental chestnut gallwasp are not known to occur in the production area. Such document shall be sent to the Oregon Department of Agriculture, c/o Plant Program Area Director, 635 Capitol Street, N.E., Salem, OR 97310, ten days prior to shipment of stock;

(c) Any and all varieties and species of the chestnut and chinquapin trees, (Castanea spp. and Castanopsis spp.), tissue cultures, parts or the nuts thereof arriving in the state of Oregon without proper documentation will be immediately sent out of the state or destroyed at the option and expense of the owner(s) or his or their responsible agent(s).

(5) Exemptions: No restrictions are placed by this quarantine upon the shelled nuts of all species and varieties of chestnut and chinquapin grown in and imported from foreign countries when reshipped into or arriving in this state in the unopened original container.

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: Quarantine Order No. 27(A series), ef. 2-5-37; AD 2-1988, f. & cert. ef. 3-10-88; DOA 3-2013, f. & cert. ef. 3-1-13

603-052-0114

Quarantine; Dutch Elm Disease and Elm Yellows Phytoplasma

(1) Establishing a Quarantine. A quarantine is established against the fungus Ophiostoma novo-ulmi, currently the fungus that causes Dutch elm disease in North America and related species O. ulmi and elm yellows (elm phloem necrosis) phytoplasma.

(2) Areas under Quarantine:

(a) In Oregon, the counties of: Benton, Clackamas, Jackson, Lane, Linn, Malheur, Marion, Multnomah, Polk, Union, Washington and Yamhill

(b) All states and districts of the United States except Alaska, Arizona, Florida, Hawaii, New Mexico and Utah.

(3) Commodities Covered. All trees, plants, cuttings, scions, leaves, bark, roots, or other parts, except seed, of all species of elm (Ulmus spp.) and of the related genera Zelkova and Planera, including wood products manufactured from bark-bearing parts thereof. Tissue culture plantlets in sealed, sterile containers are exempt from this regulation.

(4) Restrictions:

(a) Commodities Prohibited from Quarantine Areas. All commodities described in section (3) of this rule originating or grown within or shipped from any state or district described in subsection (2)(b) of this rule, except as provided in subsection (b) of this section, are prohibited entry into the State of Oregon whether moved direct from said areas or diverted or reconsigned from any such areas. All tools or equipment utilized in the pruning or disposal of infected commodities are also prohibited entry into the State of Oregon unless they are decontaminated by an approved method therefore;

(b) Commodities Admitted Under Origin Certificate. Commodities described in section (3) of this rule may be permitted entry into the State of Oregon if each lot or shipment is accompanied by a certificate issued by an official state agency of the state of origin certifying the kind and amount of commodities covered by the certificate, that all such commodities are a product of the state from which shipped or of another state within which neither Dutch Elm Disease nor Elm Yellows phytoplasma is known to occur, that such commodities are free from the described disease, and setting forth in either case the name of the state where produced;

(c) Commodities Restricted Within Quarantine Areas. With exception of commercially produced nursery stock, commodities described in section (3) of this rule situated within the counties described in subsection (2)(a) of this rule, are prohibited movement within or outside said areas except for the transportation of such commodities to locations authorized by the Department for the burning, burial, or other approved method of disposal thereof. All tools or equipment utilized in the pruning or disposal of infected commodities are also prohibited movement within or outside said areas unless they are decontaminated by an approved method therefore.

Stat. Auth.: ORS 561.190, 561.510 - 561.600 & 570.305
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 1088(11-76), f. 3-22-76, ef. 4-1-76; AD 24-1977, f. 10-25-77, ef. 11-15-77 ; AD 3-1995, f. & cert. ef. 4-5-95; DOA 3-2005, f. & cert. ef. 2-4-05; DOA 2-2007, f. & cert. ef. 1-30-07; DOA 3-2013, f. & cert. ef. 3-1-13

603-052-0116

Quarantine; Peach Yellows Phytoplasma

(1) Establishing a Quarantine. A quarantine is established against the disease of peach known as Peach Yellows Phytoplasma.

(2) Areas under Quarantine. Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, North Carolina, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Texas, Tennessee, Virginia, and Ontario.

(3) Commodities Covered:

(a) Propagating parts, except seeds, and any tree budded or grafted on understock of the following species of plum which are symptomless carriers of Peach Yellows, phytoplasma:

(A) Native American plum, Prunus hortulana and P. americana;

(B) Common or European plum, P. domestica;

(C) Japanese plum, P. salicina;

(D) Myrobalan plum, P. cerasifera;

(E) Othello plum, P. cerasifera var. atropur-purea;

(F) Wild goose plum, P. munsoniana.

(b) All trees, roots, stalks, cuttings, grafts, scions, and buds of all species and varieties of Prunus;

(c) Any tree or bud grafted on peach or plum understock.

(4) Exceptions:

(a) Seedling trees or trees budded on admissible rootstock which are grown from seed and shipped in one growing season may be certified provided any budwood used in the production of such trees meets the conditions of subsection (c) of this section and Peach Yellows disease has not occurred during the growing season either on or within one mile of the growing ground property;

(b) Certificates may be issued for reshipment of dormant host trees and propagative parts which have been produced outside the areas under quarantine and have remained dormant while within such areas. Certificates shall state the name of the state where produced;

(c) Species and varieties other than symptom-less carriers may be shipped into this state provided they are properly labeled as to scientific name and each lot or shipment is accompanied by a state-of-origin inspection certificate certifying that the following conditions have been met:

(A) Adequate surveys have been made by state agricultural officials, at the proper time in relation to diseases and hosts, and as Peach Yellows disease has not been found during the last two growing seasons previous to digging the trees or taking the buds either on or within one mile of the growing grounds or bud source properties; and

(B) The growing premises have been free from any prohibited symptomless species of plum trees or any other tree growing on any prohibited species of plum understock and, during the last two growing seasons previous to digging the trees or taking the buds, any prohibited symptomless species of plum trees has not existed within one mile of the growing premises or bud source properties.

(5) Disposition of Commodities in Violation of Quarantine. Commodities shipped in violation of this quarantine shall be refused entry into this state and shall be immediately sent out of this state or, at his option and without expense to or indemnity paid by the Department, destroyed under departmental supervision by the person receiving the same. Violators may also be subject to civil penalties of up to $10,000 as provide by Oregon Laws 1999, Chapter 390, section 2.

(6) Special Permits. This section does not apply to experimental shipments moved by, or at the request of, the United States Department of Agriculture. The Department, upon receipt of an application in writing, may issue a special permit allowing entry into this state of quarantined commodities for research purposes only. Movement of such commodities shall be subject to any conditions or restrictions stipulated in the permit.

Stat. Auth.: ORS 561.190, 561.510 - 561.600 & 570.305
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 1041(31-74), f. 8-28-74, ef. 9-25-74; AD 1085(8-76), f. & ef. 3-11-76; AD 3-1995, f. & cert. ef. 4-5-95; DOA 6-2005, f. & cert. ef. 2-15-05; DOA 1-2006, f. & cert. ef. 1-13-06; DOA 7-2012, f. & cert. ef. 3-26-12; DOA 3-2013, f. & cert. ef. 3-1-13

603-052-0127

Quarantine; Japanese Beetle, European Chafer and Oriental Beetle

(1) Establishing a Quarantine. A quarantine is established against the pest known as Japanese beetle (Popillia japonica) European chafer (Rhizotrogus majalis), and Oriental beetle (Anomala orientalis), a member of the family Scarabaeidae, which in the larval stage feed on the roots of many plants and in the adult stage feed on the flowers, foliage and fruit of many plants.

(2) Areas Under Quarantine. The entire states of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia, the Provinces of Ontario, Quebec, and British Columbia, Canada, and any other state, territory or province where the presence of an established population of any of these insects is confirmed and effective eradication procedures have not been implemented. Any property(ies) in Oregon where Japanese beetles, European chafers, or Oriental beetles are found including a buffer zone that may be infested around the area where the pests were discovered.

(3) Commodities Covered. All life stages of the Japanese beetle, European chafer, and Oriental beetle, including eggs, larvae, pupae, and adults; and the following hosts or possible carriers of Japanese beetle:

(a) Soil, growing media, humus, compost, and manure (except when commercially packaged, and except soil samples under a federal Compliance Agreement);

(b) All plants with roots;

(c) Grass sod;

(d) Plant crowns or roots for propagation (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection);

(e) Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection); and

(f) Any other plant, plant part, article or means of conveyance when it is determined by the department to present a hazard of spreading live Japanese beetle due to either infestation, or exposure to infestation, by Japanese beetle.

(4) Restrictions. All commodities covered are prohibited entry into Oregon from the area under quarantine unless they have the required certification. Plants may be shipped from the area under quarantine into Oregon provided such shipments conform to one of the options below and are accompanied by a certificate issued by an authorized state agricultural official at origin. Note that not all protocols in the U.S. Domestic Japanese Beetle Harmonization Plan are acceptable for Oregon. Advance notification of regulated commodity shipment is required. The certifying official shall mail, FAX or e-mail a copy of the certificate to: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97310, FAX: 503-986-4786, e-mail: quarantine@oda.state.or.us. The shipper shall notify the receiver to hold such commodities for inspection by the Oregon Department of Agriculture. The receiver must notify the Oregon Department of Agriculture of the arrival of commodities imported under the provisions of this quarantine and must hold such commodities for inspection. Such certificates shall be issued only if the shipment conforms fully with (a), (b), (c), (d), (e) or (f) below:

(a) Bareroot Plants. Plants with roots are acceptable if they are bareroot, free from soil and growing media (clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection). The certificate accompanying the plants shall bear the following additional declaration: “Plants are bareroot, attached clumps of soil or growing media are less than 1/2 inch in diameter.” Advance notification required (see section 4 above).

(b) Production in an Approved Japanese Beetle Free Greenhouse/Screenhouse. All the following criteria apply. All media must be sterilized and free of soil. All stock must be free of soil (bareroot) before planting into the approved medium. The potted plants must be maintained within the greenhouse/screenhouse during the entire adult flight period. During the adult flight period the greenhouse/screenhouse must be made secure so that adult Japanese beetles can not gain entry. Security will be documented by the appropriate phytosanitary official. No Japanese beetle contaminated material shall be allowed into the secured area at any time. The greenhouse/screenhouse will be officially inspected by phytosanitary officials and must be specifically approved as a secure area. They shall be inspected by the same officials for the presence of all life stages of the Japanese beetle. The plants and their growing medium must be appropriately protected from subsequent infestation while being stored, packed and shipped. Certified greenhouse/screenhouse nursery stock may not be transported into or through any infested areas unless identity is preserved and adequate safeguards are applied to prevent possible infestation. Each greenhouse/screenhouse operation must be approved by the phytosanitary officials as having met and maintained the above criteria. The certificate accompanying the plants shall bear the following additional declaration: “The rooted plants (or crowns) were produced in an approved Japanese beetle free greenhouse or screenhouse and were grown in sterile, soilless media.” Advance notification required (see section 4 above).

(c) Production During a Pest Free Window. The entire rooted plant production cycle will be completed within a pest free window, in clean containers with sterilized and soilless growing medium, i.e., planting, growth, harvest, and shipment will occur outside the adult Japanese beetle flight period, June through September. The accompanying phytosanitary certificate shall bear the following additional declaration: “These plant were produced outside the Japanese beetle flight season and were grown in sterile, soilless media.” Advance notification required (see section 4 above).

(d) Application of Approved Regulatory Treatments. All treatments will be performed under direct supervision of a phytosanitary official or under compliance agreement. Treatments and procedures under a compliance agreement will be monitored closely throughout the season. State phytosanitary certificates listing and verifying the treatment used must be forwarded to Oregon via fax or electronic mail, as well as accompanying the shipment. Note that not all treatments approved in the U.S. Domestic Japanese Beetle Harmonization Plan are acceptable for Oregon. The phytosanitary certificate shall bear the following additional declaration: “The rooted plants are in soilless media and were treated to control Popillia japonica according to the criteria for shipment to category 1 states as provided in the U.S. Domestic Japanese Beetle Harmonization Plan and Oregon’s Japanese beetle quarantine.” Advance notification required (see section 4 above).

(A) Dip Treatment — B&B and Container Plants. Not approved.

(B) Drench Treatments — Container Plants Only. Not approved for ornamental grasses or sedges. Potting media used must be sterile and soilless, containers must be clean. Containers must be one gallon or smaller in size. Field potted plants are not eligible for certification using this protocol. This is a prophylactic treatment protocol targeting eggs and early first instar larvae. If the containers are exposed to a second flight season they must be retreated.

(i) Imidacloprid (Marathon 60WP). Apply one-half (0.5) gram of active ingredient per gallon as a prophylactic treatment just prior to Japanese beetle adult flight season (June 1, or as otherwise determined by the phytosanitary official). Apply tank mix as a drench to wet the entire surface of the potting media. A twenty-four (24) gallon tank mix should be enough to treat 120-140 one-gallon containers. Avoid over drenching so as not to waste active ingredient through leaching. During the adult flight season, plants must be retreated after sixteen (16) weeks if not shipped to assure adequate protection.

(ii) Bifenthrin (Talstar Nursery Flowable 7.9%). Mix at the rate of twenty (20) ounces per 100 gallons of water. Apply, as a drench, approximately eight (8) ounces of tank mix per six (6) inches of container diameter.

(C) Media (Granule) Incorporation — Container Plants Only. Containers must be one gallon or smaller in size. Not approved for ornamental grasses or sedges. All pesticides used for media incorporation must be mixed prior to potting and plants potted a minimum of thirty (30) days prior to shipment. Potting media used must be sterile and soilless; containers must be clean. The granules must be incorporated into the media prior to potting. Field potted plants are not eligible for treatment. This treatment protocol targets eggs and early first instar larvae and allows for certification of plants that have been exposed to only one flight season after application. If the containers are to be exposed to a second flight season they must be repotted with a granule incorporated mix or retreated using one of the approved drench treatments. Pesticides approved for media incorporation are:

(i) Imidacloprid (Marathon 1 G). Mix at the rate of five (5) pounds per cubic yard.

(ii) Bifenthrin (Talstar Nursery Granular or Talstar T&O Granular (0.2G)). Mix at the rate of 25 ppm or one-third (0.33) of a pound per cubic yard based on a potting media bulk density of 200.

(iii) Tefluthrin (Fireban 1.5 G). Mix at the rate of 25 ppm based on a potting media bulk density of 400.

(D) Methyl Bromide Fumigation. Nursery stock: methyl bromide fumigation at NAP, chamber or tarpaulin. See the California Commodity Treatment Manual for authorized schedules.

(e) Detection Survey for Origin Certification. Japanese Beetle Harmonization Plan protocol not approved. Alternative approved protocol: States listed in the area under quarantine may have counties that are not infested with Japanese beetle. Shipments of commodities covered may be accepted from these noninfested counties if annual surveys are made in such counties and adjacent counties and the results of such surveys are negative for Japanese beetle. In addition, the plants must be greenhouse grown in media that is sterilized and free of soil and the shipping nursery must grow all their own stock from seed, unrooted cuttings or bareroot material. A list of counties so approved will be maintained by the Oregon Department of Agriculture. Agricultural officials from a quarantined state or province may recommend a noninfested county be placed on the approved county list by writing for such approval and stating how surveys were conducted giving the following information:

(A) Areas surveyed;

(B) How survey was carried out;

(C) Number of traps;

(D) Results of survey;

(E) History of survey;

(F) If county was previously infested, give date of last infestation. If infestations occur in neighboring counties, approval may be denied. To be maintained on the approved list, each county must be reapproved every twelve (12) months. Shipments of commodities covered from noninfested counties will only be allowed entry into Oregon if the uninfested county has been placed on the approved list prior to the arrival of the shipment in Oregon. The certificate must have the following additional declaration: “The plants in this consignment were produced in sterile, soilless media in (name of county), state of (name of state of origin) that is known to be free of Japanese beetle.” Advance notification required (see section 4 above).

(f) Privately owned house plants obviously grown, or certified at the place of origin as having been grown indoors without exposure to Japanese beetle may be allowed entry into this state without meeting the requirements of section (4). Contact the Oregon Department of Agriculture for requirements: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301, telephone: 503/986-4644, FAX: 503/986-4786, e-mail: quarantine@oda.state.or.us.

(g) Infested properties in Oregon: Confirmation of an infestation of Japanese beetle, European chafer, or Oriental beetle must be made by the ODA or an official cooperator. ODA will notify the property owner(s) and develop a response plan. The goal of the plan will be eradication as soon as possible. The plan may require cooperative measures by the property owner(s) to supplement measures taken by ODA.

(5) Exceptions. Upon written request, and upon investigation and finding that unusual circumstances exist justifying such action, the department may issue a permit allowing entry into this state of commodities covered without meeting the requirements of section (4). However, all conditions specified in the permit shall be met before such permit will be recognized.

(6) Violation of Quarantine. All covered commodities described in section (3) of this rule found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, or at the owner’s option be destroyed under the supervision of the department, without expense to or indemnity paid by the department. Violation of this quarantine may result in a fine, if convicted, of not less than $500 nor more than $5,000, as provided by ORS 561.990(4). Violators may also be subject to civil penalties of up to $10,000 as provided by Oregon Laws 1999, chapter 390, section 2; nursery license suspension or nursery license revocation.

Stat. Auth.: ORS 561.020, 561.190, 561.510 & 570.305
Stats. Implemented: ORS 561.510
Hist.: AD 12-1977, f. 6-6-77, ef. 6-20-77; AD 7-1988(Temp), f. & cert. ef. 8-2-88; DOA 10-1998, f. & cert. ef. 12-30-98; DOA 27-2000, f. & cert. ef. 10-13-00; DOA 9-2006, f. & cert. ef. 3-22-06; DOA 7-2008, f. & cert. ef. 2-8-08; DOA 4-2010, f. & cert. ef. 1-28-10; DOA 3-2013, f. & cert. ef. 3-1-13

603-052-0129

Quarantine; Against Exotic Phytophagous Snails

(1) Establishing Quarantine. A quarantine is established against exotic phytophagous snails that are members of the Phylum Mollusca of the Class Gastropoda characterized by a calcareous shell covering the visceral hump. This quarantine applies to exotic phytophagous snails in any stage of development, and includes, but is not limited to: brown garden snail (Cornu aspersum Müller), white garden snail (Theba pisana Müller), milk snail (Otala lactea Müller), giant African snail (Achatina spp.), giant South American snail (Megalobulimus oblongus Müller), and all other exotic phytophagous snails (hereafter, “exotic phytophagous snails”). These snails are very important garden and agricultural pests causing severe damage to leaves and fruits of many plants.

(2) Areas Under Quarantine. The entire states of Arizona, California, Hawaii, Michigan, New Mexico, Texas, Utah, Washington, and any other state or territory where exotic phytophagous snails are established.

(3) Covered Commodities. Exotic phytophagous snails in any stage of development. Grass sod and all plants with roots in soil and any other plant material or articles capable of transporting exotic phytophagous snails into Oregon are hereby declared to be hosts or possible carriers of the pests herein quarantined and are prohibited entry into this state directly, indirectly, diverted, or reconsigned unless there is compliance with section (4) of this rule.

(4) Conditions:

(a) Covered commodities from regulated areas may be permitted entry into Oregon only when such commodities are accompanied by a certificate of quarantine compliance issued by an authorized official from the state of origin which certifies that it has been determined by official inspection immediately prior to shipment that such covered commodities were found to be free of all life stages of exotic phytophagous snails or that such commodities originate from an area determined by official inspection to be free of exotic phytophagous snails. The original certification document shall be forwarded to the Oregon State Department of Agriculture, Plant Program Area, 635 Capitol St. NE, Salem, Oregon 97310, immediately by First Class mail or fax (503) 986-4786. Each lot or shipment of the covered commodities shall be accompanied by a copy of the above described certification document. The Oregon receiver to whom the commodities are shipped shall notify the department immediately upon receipt of such commodities and shall hold the same until they are released by the department.

(b) Cut greens, cut flowers and soil-free plants including bare root plants, plant crowns, roots for propagation, bulbs, corms, tubers, and rhizomes of plants washed free of adherent soil are excepted from the quarantine, if such plant materials are found upon inspection not to be infested with exotic phytophagous snails or are found not to bear soil accumulations sufficient to carry or obscure any life stage of exotic phytophagous snails.

(c) Certified and noncertified covered commodities shall not be shipped together in the same transporting vehicle, and any such mixing of certified and noncertified covered commodities shall nullify certification and result in the rejection of the entire shipment of covered commodities. Upon inspection and determination by the Oregon State Department of Agriculture that the transporting vehicle or any properly certified covered commodities are infested with any life stage of exotic phytophagous snails, such shipment shall be found in violation of this quarantine.

(5) Heliculture Prohibited. Raising, maintaining, selling, shipping and/or holding live exotic phytophagous snails within the State of Oregon is prohibited.

(6) Disposition of Commodities in Violation of the Quarantine. All covered commodities described in section (3) of this rule found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, or at the receivers option be destroyed under the supervision of the department, without expense to or indemnity paid by the department.

(7) Exceptions. Upon request, and upon investigation and finding that unusual circumstances exist justifying such action, the department may issue a permit allowing entry into this state of covered commodities without meeting the requirements of subsection (4)(a) of this rule. However, all conditions specified in the permit shall be met before such permit will be recognized.

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510-561.600, 570.305, 570.405, 570.410 - 570.415
Hist.: AD 14-1983, f. 11-15-83, ef. 12-1-83; AD 12-1997, f. & cert. ef 7-31-97; DOA 8-1999, f. & cert. ef. 5-14-99; DOA 1-2006, f. & cert. ef. 1-13-06; DOA 2-2007, f. & cert. ef. 1-30-07; DOA 7-2008, f. & cert. ef. 2-8-08; DOA 3-2009, f. & cert. ef. 2-13-09; DOA 3-2013, f. & cert. ef. 3-1-13

603-052-1200

Quarantine; Noxious Weeds

(1) Establishing Quarantine. A quarantine is established against the noxious weeds listed herein. Noxious weeds have been declared a menace to the public welfare (ORS 569.180 and 569.350) because of the environmental degradation that occurs when they become established.

(2) Areas Under Quarantine. The entire state of Oregon and all other States of the United States and all foreign countries.

(3) Covered Plants. For purposes of this rule the term “plants” applies to whole plants, plant parts, and seeds. This rule applies to all “A” and “B” state designated noxious weeds listed herein, except as provided in section (6). Plants on the Federal Noxious Weed List (7 C.F.R. 360.200) are also covered by this rule, with the exception of Japanese blood grass, Imperata cylindrica, var. Red Baron and Chinese water spinach, Ipomoea aquatica.

(4) “A” weeds

(a) “A” designated weeds. Weeds of known economic importance which occur in the state in small enough infestations to make exclusion, eradication, or containment possible; or which are not known to occur, but their presence in neighboring states makes future occurrence in Oregon seem imminent.

(b) “A” weeds are controlled through exclusion, early detection, and rapid response (EDRR). Control of “A” weeds is a high priority for Oregon Department of Agriculture (ODA) and the primary goal is to prevent introduction and permanent establishment of “A” weeds. If “A” weeds are introduced, and eradication is not feasible, the secondary goal is to implement control measures to contain the “A” weeds to as small an area as possible so as to prevent widespread occurrence in Oregon.

(c) When “A” weeds are detected, control actions are mandatory and the goal of such control is eradication. Any person owning or occupying property upon which “A” weeds are detected must contact the Oregon Department of Agriculture within 48 hours of detection.

(d) Upon detection of “A” weeds, ODA may develop a survey, eradication, and monitoring plan to control or eradicate detected weeds. ODA may either develop and conduct appropriate measures to control or eradicate such weeds or may enter into a contract for the purpose of controlling or eradicating “A” weeds.

(e) Control or eradication of “A” weeds may be implemented at no cost to a person owning or controlling land within this state upon which “A” weeds are detected. However, ODA may request any person owning or controlling land within this state to control, prevent the spread of, or eradicate where feasible “A” weeds, subject to supervision of such activities by the ODA.

(f) If ODA or a county are unable to control or eradicate “A” weeds on private property, any person owning or controlling land within this state must control and take measures to eliminate or prevent the possibility of spread of “A” weeds to other lands and ownerships. Control measures for “A” weeds must be implemented in a timely manner as determined by ODA. Treatments must provide sufficient levels of control to make progress toward the goal of eradication.

(g) ODA inspectors may access all lands within Oregon for the purpose of ORS 569.175 to 569.195 including carrying out the control or eradication of “A” weeds.

(h) Any person owning or controlling land within this state found in violation of ORS 569.175 to 569.195 or these rules may be subject to fines up to the maximum for Class B violations.

(i) The following is a list of “A” weeds:

(A) African rue — Peganum harmala;

(B) Camelthorn — Alhagi pseudalhagi;

(C) Coltsfoot — Tussilago farfara;

(D) Common reed — Phragmites australis ssp. australis;

(E) Cordgrasses:

(i) Common — Spartina anglica;

(ii) Dense-flowered — Spartina densiflora;

(iii) Saltmeadow — Spartina patens;

(iv) Smooth — Spartina alterniflora.

(F) European water chestnut — Trapa natans;

(G) Flowering rush — Butomus umbellatus;

(H) Giant hogweed — Heracleum mantegazzianum;

(I) Goatgrasses:

(i) Barbed — Aegilops triuncialis;

(ii) Ovate — Aegilops ovata.

(J) Goatsrue --- Galega officinalis.

(K) Hawkweeds:

(i) King-devil — Hieracium piloselloides;

(ii) Meadow — Hieracium pratense;

(iii) Mouse-ear — Hieracium pilosella;

(iv) Orange — Hieracium aurantiacum;

(v) Yellow — Hieracium floribundum.

(L) Hydrilla — Hydrilla verticillata;

(M) Japanese dodder — Cuscuta japonica;

(N) Kudzu — Pueraria lobata;

(O) Matgrass — Nardus stricta;

(P) Oblong spurge — Euphorbia oblongata;

(Q) Paterson’s curse — Echium plantagineum;

(R) Purple nutsedge — Cyperus rotundus;

(S) Silverleaf nightshade — Solanum elaeagnifolium;

(T) Squarrose knapweed — Centaurea virgata;

(U) Starthistles:

(i) Iberian — Centaurea iberica;

(ii) Purple — Centaurea calcitrapa.

(V) Syrian bean-caper — Zygophyllum fabago;

(W) Thistles:

(i) Plumeless — Carduus acanthoides;

(ii) Smooth distaff — Carthamus baeticus;

(iii) Taurian — Onopordum tauricum;

(iv) Woolly distaff — Carthamus lanatus.

(X) White bryonia — Bryonia alba.

(Y) Yellow floating heart — Nymphoides peltata;

(Z) Yellowtuft — Alyssum murale and Alyssum corsicum.

(5) “B” Weeds

(a) “B” designated weeds means weeds of economic importance which are regionally abundant, but which may not occur or have limited distribution in some counties. “B” weeds shall be managed on a priority basis as resources allow. Control of “B” weeds may vary according to ODA-established priorities as well as site-specific or case-by-case factors. When available, biological control may be the primary long-term control strategy.

(b) The goal of “B” weed management is control and prevention of new infestations of “B” weeds in Oregon. ODA may advise persons owning or controlling lands upon which “B” weeds are detected on the control of “B” weeds on those lands as well as how to prevent “B” weeds from infesting new lands. As determined by ODA or a county, “B” weeds may be controlled or eradicated in the same manner as “A” weeds when “B” weeds appear in parts of the state where they were not previously detected or established.

(c) Pursuant to ODA’s determination as to treatment of “B” weeds, ODA may develop a regional control plan or cooperate with a county, local entity, or persons owning or controlling private lands to develop and implement a plan to control “B” weeds. ODA may assist with implementing control measures.

(d) Persons owning or controlling lands where “B” weeds are detected may request assistance from their respective local County Weed Inspector.

(e) Cost-share assistance grants may be available for the control of State listed noxious weeds to any person owning or occupying land upon which “A” or “B” weeds are detected. If within a county weed control district or special weed control district the county may provide assistance by applying for cost-share assistance grants. Information on cost-share assistance grants may be found at ODA’s Plant Division website.

(f) As determined by ODA, biological control agents may be available for some “B” weeds. Information on the current availability of biological control agents is provided on ODA’s Plant Division website. Releases of some biological control agents targeting noxious weeds may require reporting to ODA for tracking purposes.

(g) The following is a list of “B” weeds:

(A) Armenian (Himalayan) blackberry — Rubus armeniacus (R. procerus, R. discolor);

(B) Biddy-biddy — Acaena novae-zelandiae;

(C) Brooms:

(i) French — Genista monspessulana;

(ii) Portuguese — Cytisus striatus;

(iii) Scotch — Cytisus scoparius;

(iv) Spanish — Spartium junceum;

(D) Buffalobur — Solanum rostratum;

(E) Butterfly bush — Buddleja davidii (B.varabilis)* (*Plants being sold in Oregon that are labeled “Butterfly Bush” are assumed to be B. davidii and will be subject to a stop sale order. ODA approved sterile varieties of Buddleja that produce less than 2% viable seed and inter-specific hybrids that are not regulated, and may be propagated and sold if labeled with the approved variety name. Information concerning process, criteria and approved seedless varieties is available online at: <http:// oregon.gov/ODA/PLANT/NURSERY/ >.);

(F) Common bugloss — Anchusa officinalis;

(G) Common crupina — Crupina vulgaris;

(H) Creeping yellow cress — Rorippa sylvestris;

(I) Cutleaf teasel — Dipsacus laciniatus;

(J) Dodder — Cuscuta spp.* (*except northwest natives);

(K) Dyers woad — Isatis tinctoria;

(L) English ivy — Hedera helix (H. hibernica);

(M) Eurasian watermilfoil — Myriophyllum spicatum;

(N) False brome — Brachypodium sylvaticum;

(O) Field bindweed — Convolvulus arvensis;

(P) Garlic Mustard — Alliaria petiolata;

(Q) Geranium:

(i) Herb Robert — Geranium robertianum;

(ii) Shiny leaf geranium — Geranium lucidum;

(R) Gorse — Ulex europaeus;

(S) Halogeton — Halogeton glomeratus;

(T) Houndstongue — Cynoglossum officinale;

(U) Johnsongrass — Sorghum halepense;

(V) Jointed goatgrass — Aegilops cylindrica;

(W) Jubata grass — Cortaderia jubata;

(X) Knapweeds:

(i) Diffuse — Centaurea diffusa;

(ii) Meadow — Centaurea pratensis (C. jacea x nigra);

(iii) Russian — Acroptilon repens;

(iv) Spotted — Centaurea stoebe (C. maculosa).

(Y) Knotweeds:

(i) Giant — Fallopia sachalinensis (Polygonum);

(ii) Himalayan — Polygonum polystachyum;

(iii) Japanese (fleece flower) — Fallopia japonica (Polygonum cuspidatum).

(Z) Kochia — Kochia scoparia;

(AA) Lesser celandine — Ranunculus ficaria;

(BB) Mediterranean sage — Salvia aethiopis;

(CC) Medusahead rye — Taeniatherum caput-medusae;

(DD) Old man’s beard — Clematis vitalba;

(EE) Parrots Feather — Myrophyllum aquaticum;

(FF) Perennial peavine — Lathyrus latifolius;

(GG) Perennial pepperweed — Lepidium latifolium;

(HH) Poison hemlock — Conium maculatum;

(II) Policeman’s helmet — Impatiens glandulifera;

(JJ) Puncturevine — Tribulus terrestris;

(KK) Purple loosestrife — Lythrum salicaria;

(LL) Ragweed — Ambrosia artemisiifolia;

(MM) Rush skeletonweed — Chondrilla juncea;

(NN) Saltcedar — Tamarix ramosissima;

(OO) Small broomrape — Orobanche minor;

(PP) South American waterweed (Elodea) — Egeria (Elodea) densa;

(QQ) Spanish heath – Erica lusitanica;

(RR) Spikeweed — Hemizonia pungens;

(SS) Spiny cocklebur — Xanthium spinosum;

(TT) Spurge laurel — Daphne laureola;

(UU) Spurges:

(i) Leafy — Euphorbia esula;

(ii) Myrtle — Euphorbia myrsinites.

(VV) Sulfur cinquefoil — Potentilla recta;

(WW) Swainsonpea — Sphaerophysa salsula;

(XX) Tansy ragwort — Senecio jacobaea;

(YY) Thistles:

(i) Bull — Cirsium vulgare;

(ii) Canada — Cirsium arvense;

(iii) Italian — Carduus pycnocephalus;

(iv) Musk — Carduus nutans;

(v) Scotch — Onopordum acanthium;

(vi) Slender-flowered — Carduus tenuiflorus.

(ZZ) Toadflax:

(i) Dalmation — Linaria dalmatica;

(ii) Yellow — Linaria vulgaris.

(AAA) Velvetleaf — Abutilon theophrasti;

(BBB) Water primrose – Ludwigia peploides, L. hexapetala, L. grandiflora;

(CCC) Whitetops:

(i) Hairy — Lepidium pubescens;

(ii) Lens-podded — Lepidium chalepensis;

(iii) Whitetop (hoary cress) — Lepidium draba.

(DDD) Yellow archangel — Lamiastrum galeobdolon;

(EEE) Yellow flag iris — Iris pseudacorus;

(FFF) Yellow nutsedge — Cyperus esculentus;

(GGG) Yellow starthistle — Centaurea solstitialis;

(6) Exemptions

(a) Agricultural seed as defined in Oregon’s Seed Law, ORS 633.511 to 633.750, is exempt from this quarantine but subject to the noxious weed seed tolerances in OAR 603-056-0205.

(b) Other commodities, such as, but not limited to, wheat are exempt from this quarantine to the extent that they are contaminated with noxious weed seed.

(7) Prohibited and Permitted Acts

(a) All plants covered in section (3) of this rule are prohibited entry into the State of Oregon.

(b) All plants listed in section (3) of this rule are prohibited from transport, purchase, sale or offering for sale in the State of Oregon.

(c) All plants listed in section (3) of this rule are prohibited from being propagated in the State of Oregon.

(d) All plants listed in section (3) may be collected from the wild in areas that are already infested with the specific species that is collected, provided that the plants, plant parts, or seed are not used for propagation or sale within the State of Oregon.

(8) Disposition of Plants in Violation of the Quarantine. All covered plants listed in section (3) of this rule are found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, if from out of state, or at the owner’s option be destroyed under the supervision of ODA, without expense to or indemnity paid by ODA.

(9) Exceptions. The director may issue a permit allowing entry into this state, propagation, or research on plants covered by this rule, upon request, and upon investigation and finding that unusual circumstances exist justifying such action, and that the benefits of granting the permit outweigh the potential harm that may result from the requested action. The director may impose specific conditions on any permit issued hereunder, and the permit may be canceled for failure to meet the conditions therein. Any permit issued under this section shall be for a limited duration not to exceed one year.

Stat. Auth.: ORS 561.190, 561.510 & 569
Stats. Implemented: ORS 561.510
Hist.: DOA 5-1999, f. & cert. ef. 4-5-99; DOA 13-2000, f. & cert. ef. 5-8-00; DOA 7-2002, f. & cert. ef. 2-1-02; DOA 26-2002, f. & cert. ef. 12-10-02; DOA 27-2004, f. & cert. ef. 12-28-04; DOA 1-2006, f. & cert. ef. 1-13-06; DOA 2-2007, f. & cert. ef. 1-30-07; DOA 11-2008, f. & cert. ef. 3-7-08; DOA 6-2010, f. & cert. ef. 2-4-10; DOA 17-2011, f. & cert. ef. 9-29-11; DOA 3-2013, f. & cert. ef. 3-1-13

603-052-1320

Approved Species (Non-Regulated)

(1) Invertebrate species listed as approved may be imported, possessed, sold, purchased, exchanged, transported, or released in Oregon without a permit from the Department. This applies only to stock collected within the continental United States. Species marked with an asterisk (*) have additional restrictions as noted below the sections in which they appear.

(2) A permit for the importation, possession, or intrastate transportation of some ODA-approved species may be required by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine: (http://www.aphis.usda.gov/plant_health/permits/organism/index.shtml).

(3) Live invertebrates not on the list of approved invertebrates in any life stage may not be imported, possessed, sold, purchased, exchanged, transported, or released in the state unless a permit is first obtained from the Department.

(4) These rules apply to all life stages, but do not apply to dead specimens.

(5) These rules do not apply to marine or aquatic invertebrates.

(6) Placement on this list does not constitute an endorsement by the Department of the efficacy of listed biological control agents, suitability of listed invertebrates as pets, or anything else except that trade in listed species does not pose a plant pest risk in Oregon.

(7) The following is a list of approved invertebrates that may be imported, possessed, sold, purchased, exchanged, transported, or released in Oregon. This list provides the common name, scientific name, and common use.

(a) Snails (Gastropoda).

(A) None.

(B) For other Mollusks defined as wildlife (shellfish), e.g. clams, mussels, and oysters, see Department of Fish and Wildlife rules: ORS 506.011 and OAR 635-056-0050.

(b) Earthworms (Annelida).

(A) Grindal worm or pot worm, Enchytraeus buchholzi (pet food).

(B) Red worm, Lumbricus rubella (composter, pet food, bait).

(C) European earthworm, Lumbricus terrestris (composter, pet food, bait).

(D) Earthworm, Lumbricus variegatus (composter, pet food, bait).

(E) No common name, Stylaria spp. (education, research).

(c) Crustacea

(A) Pillbug, Armadillium spp. (education).

(B) Land hermit crab, Coenobita clypeatus (pet).

(C) Sowbug, Oniscus spp. (education).

(D) For other Crustacea defined as wildlife (shellfish), e.g. shrimp, crabs, crayfish, see Department of Fish and Wildlife rules: ORS 506.011 and OAR 635-056-0050.

(d) Millipedes (Diplopoda)

(A) Giant African millipede, Archispirostreptus gigas (pet).

(B) Giant African black millipede, Lophostreptus (=Scaphiostreptus) rutilans (education, pet).

(C) Desert millipede, Orthoporus ornatus, O. texicolens (pet).

(D) Millipede, Spirobolus spp. (education).

(E) Giant millipede, Thyrophygus spp. (education, pet).

(e) Mites (Acari)

(A) Bindweed gall mite, Aceria malherbae (weed biocontrol agent).

(B) Tulip bulb mite, Aceria tulipae (research).

(C) Predatory mite, Amblyseius barkeri (arthropod biocontrol agent).

(D) Predatory mite, Amblyseius cucumeris (arthropod biocontrol agent).

(E) Predatory mite, Amblyseius degenerens (arthropod biocontrol agent).

(F) Spider mite predator, Amblyseius hibisci (mite biocontrol agent).

(G) Spider mite predator, Amblyseius mckenziei (arthropod biocontrol agent).

(H) Rush skeletonweed gall mite, Eriophyes chondrillae (weed biocontrol agent).

(I) Spider mite predator, Galendromus occidentalis (mite biocontrol agent).

(J) Fungus gnat larval predator, Statiolaelaps aculeifer, S. miles (insect biocontrol agent).

(K) Spider mite predator, Mesoseiulus longipes (mite biocontrol agent).

(L) Spider mite predator, Neoseiulus californicus (mite biocontrol agent).

(M) Spider mite predator, Neoseiulus fallacis (mite biocontrol agent).

(N) Cyclamen mite, Phytonemus pallidus (research).

(O) Spider mite predator, Phytoseiulus persimilis (mite biocontrol agent).

(P) Gorse spider mite, Tetranychus lintearius (weed biocontrol agent).

(Q) Two-spotted spider mite, Tetranychus urticae (research).

(R) Fungus gnat larval predator, Stratiolaelaps scimitus (insect biocontrol agent).

(f) Spiders (Araneae)

(A) Chilean rose-haired tarantula, Gramastola rosea (education, pet).

(B) Texan brown tarantula, Aphonopelma hentzi (education, pet).

(C) Cellar spider, Pholcus phalangioides (education).

(D) Wolf spider (Family Lycosidae) (education)*.

(E) Orb weaver spider, (Family Araneidae) (education)*.

*only from stock collected in the Pacific Northwest

(g) Scorpions

(A) Emperor scorpion, Pandinus imperator (education, pet).

(h) Dragonflies and Damselflies (Odonata)

(A) Dragonfly, Aeschna spp. (education).

(i) Roaches (Blattaria)

(A) Giant cockroach, Blaberus spp. (education, pet).

(B) Oriental cockroach, Blatta orientalis (education, research).

(C) German cockroach, Blattella germanica (education, research).

(D) Madagascar hissing cockroach, Gromphadorhina portentosa (education, pet).

(E) American cockroach, Periplaneta americana (education, research).

(j) Isoptera (Termites)

(A) Western subterranean termite, Reticulitermes hesperus (education).

(B) Western dampwood termite, Zootermopsis angusticollis (education).

(k) Crickets and Grasshoppers (Orthoptera)

(A) House cricket, Acheta domesticus (education, pet food).

(B) Tropical house cricket, Gryllodes sigillatus (education, pet food)

(l) Mantids (Mantodea)

(A) European mantis, Mantis religiosa (education, insect biocontrol agent).

(B) Chinese mantis, Tenodera aridifolia sinensis (education, insect biocontrol agent).

(m) True Bugs (Hemiptera)

(A) Western boxelder bug, Boisea rubrolineata (education).

(B) Western tarnished plant bug, Lygus hesperus (education).

(C) Tarnished plant bug, Lygus lineolaris (education).

(D) Large milkweed bug, Oncopeltus fasciatus (education).

(E) Insidious flower bug, Orius insidiosus (insect biocontrol agent).

(n) Plant Lice, Mealybugs, Scales, and Whiteflies (Homoptera)

(A) Bluegreen aphid, Acyrthosiphon kondoi (research).

(B) Pea aphid, Acyrthosiphon pisum (research).

(C) Cowpea aphid, Aphis craccivora (research).

(D) Bean aphid, Aphis fabae (research).

(E) Melon or cotton aphid, Aphis gossypii (research).

(F) Corn root aphid, Aphis maidiradicis (research).

(G) Oleander aphid, Aphis nerii (research).

(H) Rose scale, Aulacaspis rosae (research).

(I) Foxglove aphid, Aulacorthum solani (research).

(J) Cabbage aphid, Brevicoryne brassicae (research).

(K) Artichoke aphid, Capitophorus elaeagni (research).

(L) Carrot aphid, Cavariella aegopodii (research).

(M) Wooly apple aphid, Eriosoma lanigerum (research).

(N) Boat gall aphid, Hayhurstia atriplicis (research).

(O) Oystershell scale, Lepidosaphes ulmi (research).

(P) Turnip aphid, Lipaphis pseudobrassicae (research).

(Q) Potato aphid, Macrosiphum euphorbiae (research).

(R) Rose aphid, Macrosiphum rosae (research).

(S) Green peach aphid, Myzus persicae (research).

(T) European fruit lecanium, Parthenolecanium corni (research).

(U) Longtailed mealybug, Pseudococcus longispinus (research).

(V) European fruit scale, Quadraspidiotus ostreaeformis (research).

(W) Bird cherry oat aphid, Rhopalosiphum padi (research).

(X) Greenbug, Schizaphis graminum (research).

(Y) English grain aphid, Sitobion avanae (research).

(Z) Spotted alfalfa aphid, Therioaphis trifolii (research).

(AAA) Greenhouse whitefly, Trialeurodes vaporariorum (research).

(o) Thrips (Thysanoptera)

(A) Tobacco thrips, Frankliniella fusca (research).

(B) Western flower thrips, Frankliniella occidentalis (research).

(C) Predatory six-spotted thrips, Scolothrips sexmaculatus (mite biocontrol agent)*.

(D) Gladiolus thrips, Thrips simplex (research).

(E) Onion thrips, Thrips tabaci (research).

(p) Lacewings (Neuroptera)

(A) Common green lacewing, Chrysopa carnea (insect biocontrol agent).

(B) Green lacewing, Chrysopa rufilabris (insect biocontrol agent).

(q) Beetles (Coleoptera)

(A) St. Johnswort borer, Agrilus hyperici (weed biocontrol agent).

(B) Brown dot leafy spurge flea beetle, Apthona cyparissiae (weed biocontrol agent).

(C) Black dot leafy spurge flea beetle, Apthona czwalinae (weed biocontrol agent).

(D) Copper or amber leafy spurge flea beetle, Apthona flava (weed biocontrol agent).

(E) Brown-legged leafy spurge flea beetle, Apthona lacertosa (weed biocontrol agent).

(F) Black dot leafy spurge flea beetle, Apthona nigriscutis (weed biocontrol agent).

(G) Rove beetle, Atheta coriaria (insect biocontrol agent).

(H) Broad-nosed seed head weevil, Bangasternus fausti (weed biocontrol agent).

(I) Yellow star thistle bud weevil, Bangasternus orientalis (weed biocontrol agent).

(J) Scotch broom bruchid, Bruchidius villosus (weed biocontrol agent).

(K) Pea weevil, Bruchus pisorum (education, research).

(L) Cowpea weevil, Callosobruchus maculatus (education, research).

(M) Histerid beetle, Carcinops pumilio (insect biocontrol agent).

(N) Corn sap beetle, Carpophilus dimidiatus (education, research).

(O) Dried fruit beetle, Carpophilus hemipterus (education, research).

(P) Canada thistle stem weevil, Ceutorhynchus litura (weed biocontrol agent).

(Q) Klamathweed beetle, Chrysolina hyperici (weed biocontrol agent).

(R) Klamathweed beetle, Chrysolina quadrigemina (weed biocontrol agent).

(S) Mealybug destroyer, Crytolaemus montrouzieri (insect biocontrol agent).

(T) Knapweed root weevil, Cyphlocleonus achates (weed biocontrol agent).

(U) Dermestid beetle, Dermestes spp. (education, museum specimen preparation).

(V) Yellow star thistle hairy weevil, Eustenopus villosus (weed biocontrol agent).

(W) Scotch broom seed weevil, Exapion fuscirostre (weed biocontrol agent).

(X) Gorse seed weevil, Exapion ulicis (weed biocontrol agent).

(Y) Black-margined loosestrife beetle, Galerucella calmariensis (weed biocontrol agent).

(Z) Golden loosestrife beetle, Galerucella pusilla (weed biocontrol agent).

(AA) Toadflax seed capsule weevil, Gymnetron antirrhini (weed biocontrol agent).

(BB) Convergent ladybeetle, Hippodamia convergens (insect biocontrol agent).

(CC) Loosestrife root weevil, Hylobius transversovittatus (weed biocontrol agent).

(DD) Yellow star thistle flower weevil, Larinus curtus (weed biocontrol agent).

(EE) Lesser knapweed flower weevil, Larinus minutus (weed biocontrol agent).

(FF) Blunt knapweed flower weevil, Larinus obtusus (weed biocontrol agent).

(GG) Cigarette beetle, Lasioderma serricorne (education, research).

(HH) Tansy ragwort flea beetle, Longitarsus jacobaeae (weed biocontrol agent).

(II) Toadflax stem weevil, Mecinus janthinus (weed biocontrol agent).

(JJ) Puncturevine seed weevil, Microlarinus lareynii (weed biocontrol agent).

(KK) Puncturevine stem weevil, Microlarinus lypriformis (weed biocontrol agent).

(LL) Loosestrife seed weevil, Nanophyes marmoratus (weed biocontrol agent).

(MM) Red-necked leafy spurge stem borer, Oberea erythrocephala (weed biocontrol agent).

(NN) Bess beetle, Odontotaeniu disjunctus (education).

(OO) Merchant grain beetle, Orzaephilus mercator (education).

(PP) Sawtoothed grain beetle, Orzaephilus surinamensis (education).

(QQ) Mediterranean sage root weevil, Phrydiuchus tau (weed biocontrol agent).

(RR) Lesser grain borer, Rhyzopertha dominica (education).

(SS) Granary weevil, Sitophilus granaria (education).

(TT) Granary weevil, Sitophilus oryzae (education).

(UU) Bronze knapweed root borer, Sphenoptera jugoslavica (weed biocontrol agent).

(VV) Drugstore beetle, Stegobium paniceum (education).

(WW) Yellow mealworm, Tenebrio molitor (education, pet food).

(XX) Yellow mealworm, Tenebrio obscurus (education, pet food).

(YY) Cadelle, Tenebroides mauritanicus (education).

(ZZ) Red flour beetle, Tribolium castaneum (education, research).

(AAA) Confused flour beetle, Tribolium confusum (education, research).

(BBB) Giant mealworm, Zophobas morio (education, pet food).

(r) Butterflies and Moths (Lepidoptera).

(A) Sulfur knapweed moth, Agapeta zoegana (weed biocontrol agent).

(B) Polyphemus moth, Anthereae polyphemus (education)*.

(C) St. Johnswort moth, Aplocera plagiata (weed biocontrol agent).

(D) Silkworm, Bombyx mori (education, research).

(E) Almond moth, Cadra cautella (research).

(F) Raisin moth, Cadra figulilella (research).

(G) Toadflax moth, Calophasia lunula (weed biocontrol agent).

(H) Russian thistle or tumbleweed casebearer, Coleophora klimeschiella (weed .biocontrol agent).

(I) Russian thistle stem-mining moth or tumbleweed stem moth, Coleophora .parthenica (weed biocontrol agent).

(J) Orange sulfur or alfalfa caterpillar, Colias eurytheme (education, releases).

(K) Mexican jumping bean, Cydia deshaisiana (education, pet).

(L) Mediterranean meal moth, Ephestia kuehniella (education).

(M) Saltmarsh caterpillar, Estigmene acrea (education)*.

(N) Greater wax moth, Galleria mellonella (education, pet food, research).

(O) Corn earworm/cotton bollworm/tomato fruitworm, Helicoverpa zea (research).

(P) Tobacco budworm, Heliothis virescens (research).

(Q) Brown house moth, Hofmannophila pseudospretella (research).

(R) Ceanothus silk moth, Hylaphora euryalus (education, release)*.

(S) Whitelined sphinx moth, Hyles lineata (education).

(T) Scotch broom twig miner, Leucoptera spartifoliella (weed biocontrol agent).

(U) Tomato hornworm, Manduca quinquemaculata (education, research).

(V) Tomato hornworm, Manduca sexta (education, research).

(W) Spotted knapweed seedhead moth, Metzneria paucipunctella (weed biocontrol agent).

(X) Mourning cloak, Nymphalis antiopa (education, release).

(Y) Rusty tussock moth, Orgyia antigua (research).

(Z) Western tiger swallowtail butterfly, Papilio rutulus (education, release).

(AA) Anise swallowtail butterfly, Papilio zelicaon (education, release).

(BB) Cabbage white or imported cabbageworm, Pieris rapae (education).

(CC) Indian meal moth, Plodia interpunctella (education, pet food, research).

(DD) Meal moth, Pyralis farinalis (education, pet food, research).

(EE) Wooly bear, Pyrrarctia isabella (education)*.

(FF) Cabbage looper, Trichoplusia ni (research).

(GG) Cinnabar moth, Tyria jacobaeae (weed biocontrol agent).

(HH) Red admiral, Vanessa atlanta (education, release).

(II) Painted ladies, Vanessa cardui,V. virginiensis (education, release).

*only from stock collected in the western U.S.

(s) Diptera (Flies)

(A) Aphid predator midge, Aphidoletes aphidimyza (insect biocontrol agent).

(B) Ragwort seed head fly, Botanophila seneciella (weed biocontrol agent).

(C) Darkwinged fungus gnats, Bradysia spp. (research).

(D) Blow and bottle flies, Calliphora spp. (education).

(E) Knapweed peacock fly, Chaetorellia acrolophi (weed biocontrol agent).

(F) Yellow star thistle peacock fly, Chaetorellia australis (weed biocontrol agent).

(G) Mosquito, Culex spp. (education, research).

(H) Rush skeletonweed gall midge, Cystiphora schmidti (weed biocontrol agent).

(I) Seedcorn maggot, Delia platura (research).

(J) Vinegar fly, Drosophila melanogaster (education, pet food, research).

(K) Vinegar fly, Drosophila mohavensis (education, research).

(L) Vinegar fly, Drosophila hydei (education, research).

(M) Vinegar fly, Drosophila virilis (education, research).

(N) Black soldier fly, Hermetia illucens (composter).

(O) Serpentine leafminer, Liriomyza brassicae (research).

(P) Filth fly parasitoid, Musciidifurax zaraptor (insect biocontrol agent).

(Q) Filth fly parasitoid, Nasonia vitripennis (insect biocontrol agent).

(R) Grey flesh fly, Sarcophaga bullata (education, research).

(S) Filth fly parasitoid, Spalangia cameroni (insect biocontrol agent).

(T) Filth fly parasitoid, Spalangia endius (insect biocontrol agent).

(U) Green clearwing fly, Terellia virens (seed biocontrol agent).

(V) Banded gall fly, Urophora affinis (seed biocontrol agent).

(W) Canada thistle stem gall fly, Urophora cardui (weed biocontrol agent).

(X) UV knapweed seed head fly, Urophora quadrifasciata (weed biocontrol agent).

(Y) Yellow star thistle gall fly, Urophora sirunaseva (weed biocontrol agent).

(Z) Bull thistle seed head gall fly, Urophora stylata (weed biocontrol agent).

(t) Ants, Bees, and Wasps (Hymenoptera)

(A) Weevil larva parasitoid, Anisopteromalus calandrae (insect biocontrol agent).

(B) Aphid parasitoid, Aphidius aphidimyza (insect biocontrol agent).

(C) Aphid parasitoid, Aphidius colemani (insect biocontrol agent).

(D) Aphid parasitoid, Aphidius ervi (insect biocontrol agent).

(E) Aphid parasitoid, Aphidius matricariae (Insect biocontrol agent).

(F) Italian honeybee, Apis mellifera ligustica (pollinator).

(G) European honeybee, Apis mellifera mellifera (pollinator).

(H) Bumblebees native to Oregon, e.g. Bombus vosnesenkii, B. appositus, B. bifarius, B. californicus, B. griseocolis, B. melanopygus, B. mixtus, B. nevadensis, B. sitkensis (pollinators).

(I) Egg and larval parasitoid of stored product pests, Bracon hebeter (insect biocontrol agent).

(J) Egg and larval parasitoid of stored product pests, Cotesia plutellae (insect biocontrol agent).

(K) Whitefly parasitoid, Encarsia formosa (insect biocontrol agent).

(L) Whitefly parasitoid, Eretmocerus californicus (insect biocontrol agent).

(M) Aphid parasitoid, Lysiphlebus testaceipes (insect biocontrol agent).

(N) Alfalfa leafcutter bee, Megachile rotundata (pollinator).

(O) Alkali bee, Nomia melanderi (pollinator).

(P) Blue orchard bee or mason bee, Osmia lignaria propinqua (pollinator).

(Q) Harvester ant, Pogonomyrmex owyheei (education).

(R) Harvester ant, Pogonomyrmex salinus (education).

(S) Parasitoid of Lepidoptera eggs, Trichogramma minutum (insect biocontrol agent).

(T) Parasitoid of Lepidoptera eggs, Trichogramma pretiosum (insect biocontrol agent).

(U) Parasitoid of Lepidoptera eggs, Trichogramma platneri (insect biocontrol agent).

(V) Aphid parasitoid, Trioxys pallidus (insect biocontrol agent).

Stat.Auth.: 570.205, 570.210 & 570.215
Stats. Implemented: ORS 570.215
Hist.: DOA 19-2011, f. & cert. ef. 10-13-11; DOA 3-2013, f. & cert. ef. 3-1-13


 

Rule Caption: Expansion of the Sudden Oak Death Quarantine Boundary in Curry County, Oregon.

Adm. Order No.: DOA 4-2013

Filed with Sec. of State: 3-1-2013

Certified to be Effective: 3-1-13

Notice Publication Date: 1-1-2013

Rules Amended: 603-052-1230

Subject: Phytophthora ramorum (sudden oak death) was found outside the current quarantine boundary in SW Curry County, Oregon. The amendment expanded the quarantine to include the newly discovered infested sites east and southeast of the current quarantine boundary plus a buffer area of approximately three miles. The provisions of the quarantine did not change, but the amendment clarified the definition of “disease-free area” and a new federal order for infected nurseries were referenced.

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

603-052-1230

Quarantine: Phytophthora ramorum

(1) Establishing a quarantine: A quarantine is established against Phytophthora ramorum, the cause of sudden oak death and other plant diseases. 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 P. ramorum. This pathogen causes mortality in susceptible oak (Quercus spp.), tanoak (Notholithocarpus densiflorus syn. Lithocarpus densiflorus), rhododendron (Rhododendron spp.), viburnum (Viburnum spp.), evergreen huckleberry (Vaccinium ovatum), and other plant species. In other susceptible plants it causes leaf spots, twig dieback and/or stem cankers. 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:

(a) The following counties in California: Alameda, Contra Costa, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma;

(b) The following portion of Curry County that lies inside the area starting at the point where the northern border of T37S R15W section 13 meets the Pacific Ocean and continuing east to the northwest corner of T37S R14W section 15, then south to the northeast corner of S38S R14W section 15, then east to the northeast corner of T38S R13W section 18, then south to the northeast corner of T39S R13W section 6, then east to the northeast corner of T38S R12W section 29, then south to the northeast corner of T39S R12W section 17, then east to the northeast corner of T39S R12W section 15, then south to the northeast corner of T40S R12W section 10, then east to the northeast corner of T40S R11W section 7, then south to the southeast corner of the northeast quarter section of T41S R11W section 18, then west to the intersection with US Highway 101 ? mile north of the California border and then northeast of US Highway 101 to the intersection with West Benham Lane and then north of West Benham Lane directly west to the Pacific Coastline; then following the coastline north-northwest back to the point of beginning;

(c) Any country, state, county, province or area covered by the federal interim rule, 7 CFR 301.92, Phytophthora ramorum; quarantine and regulations;

(d) Any property in Oregon where P. ramorum is found, including a buffer zone of up to three (3) miles surrounding the infested site during any eradication or containment program.

(3) The following definitions apply to ORS 603-052-1230:

(a) “Best management practices” is defined as any actions or activities that can be used to prevent or eliminate new P. ramorum infections.

(b) “Disease-free area” means an area located more than one-quarter (1/4) mile from the generally infested area, or any other infested sites, which has been officially surveyed within the past 6-months and found free of P. ramorum.

(c) “Generally-infested area” means the area within the quarantine boundary where P. ramorum has been commonly found or in which there is reason to believe P. ramorum is present because of the proximity, one-quarter (1/4) mile or less, to known infested sites. A map showing the generally infested area is available from the Oregon Department of Agriculture, http://www.oregon.gov/ODA/CID/PLANT_HEALTH/, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4620.

(d) “Hosts and associated plants” means plants on the USDA APHIS List of Regulated Hosts and Plants Associated with Phytophthora ramorum, last revised March 1, 2012.

NOTE: This list is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4644.

(e) “Infested site” is defined as the area within fifty (50) feet of one or more plants officially confirmed as infected with P. ramorum.

(f) “Treatment area” is defined as the area delimited by the Oregon Department of Agriculture (ODA) or an official cooperator in which treatments to eliminate or reduce P. ramorum inoculum and sources thereof is required or recommended. The treatment area may range from 50 to 300 or more feet from infected or symptomatic plants.

(g) “Type 1” is defined as an infested site(s) that because of its geographical location in relationship to other infested sites, surrounding flora, and based on the best available data on disease spread, is considered to be of highest risk for advancing further spread of P. ramorum into previously un-infested areas. By definition, Type 1 sites are typically located outside of the generally infested area.

(h) “Type 2” is defined as an infested site(s) that because of its geographical location in relationship to other infested sites, surrounding flora, and based on the best available epidemiological data on disease spread, is considered to be of less risk for advancing further spread of P. ramorum into previously un-infested areas. By definition, Type 2 sites are typically located inside of the generally infested area.

(i) “Non-commercial” is defined as any activity or entity that does not in some sense involve commerce, relative to similar activities that do have a commercial objective.

(j) “Nursery stock” is defined in ORS 571.005. Tissue culture plantlets in sealed, sterile containers are exempt from this regulation;

(4) Commodities regulated:

(a) All plants and plant parts of hosts and associated plants: Examples of regulated commodities include all portions of the plants including, but not limited to nursery stock, logs, bark, wood chips, mulch, firewood, sawdust, green waste, other plant products that may contain bark or foliage;

(b) Any other plant found to be naturally infected with P. ramorum, any product or article that an official inspector determines to present a risk of spreading P. ramorum. All life stages of P. ramorum.

(5) Provisions of the quarantine: Movement out of the quarantined area of regulated commodities originating from the area under quarantine, and any other area found to be infested with P. ramorum during the life of this quarantine, is prohibited unless one of the following requirements has been met:

(a) The regulated commodity meets the official treatment and certification requirements for interstate movement as defined in the federal interim rule, 7 CFR 301.92. The regulated commodity must be accompanied by an official certificate that includes the following additional declaration “The (type of covered commodity) from (name of county or other location identifier) has been treated for Phytophthora ramorum as required prior to shipment.” As applicable, the specific requirements of the treatment must be recorded on the official certificate;

(b) Provisions for Douglas fir, grand fir, alder, and other non-hosts and non-bole hosts (as defined in 7 CFR 301.92) harvested within the quarantine area, including the generally-infested area. Logs and firewood of non-hosts and non-bole hosts are not regulated per 7 CFR 301.92 and can move freely within or outside the quarantine area. Soil, needles, foliage, and plant debris (including branches less than or equal to one (1) inch in diameter) must stay within the quarantine area.

(c) Provisions for tanoak logs and firewood harvested within the quarantine area.

(A) Tanoak logs and firewood - Intrastate. Tanoak logs and firewood may be shipped intrastate provided the logs were harvested from a disease-free area and the logs and firewood are safeguarded from contamination prior to shipment out of the quarantine area.

(B) Tanoak logs and firewood - Interstate. Tanoak logs and firewood may be shipped interstate provided the logs and firewood were harvested from a disease-free area, have been debarked according to federal requirements (see 7 CFR 301.92), and are accompanied by an official phytosanitary certificate verifying the debarking of the logs and firewood prior to shipment.

(C) Tanoak logs and firewood harvested within the generally-infested area are not eligible for movement outside of the quarantine area.

(d) Nursery stock grown in a quarantined county or area may be eligible for shipment to and within Oregon providing the nursery is part of an official certification program and has been inspected and tested as required by the federal interim rule, 7 CFR 301.92, for P. ramorum. The official certificate must include the following additional declaration: “The (covered commodity) from (name of county or other location identifier) has met the Phytophthora ramorum quarantine requirements for shipment into and within Oregon.”

NOTE: Recipients of tree and shrub nursery stock imported into the state must notify the ODA no later than two business days after its arrival as required by OAR 603-054-0027.

(e) Soil and potting media from the quarantine area at a known infested site or from within five (5) meters of an infected host plant must be sterilized before shipment. The soil or potting media must reach a minimum temperature of 60 degrees C (140 degrees F) for one (1) hour measured at the center of the mass of soil or potting media. Soil or potting media that has never been associated with the covered commodities is exempt. Treatments must be officially verified. The official certificate must include the following additional declaration “The (soil or potting media) from (name of county or other location identifier) has been treated for Phytophthora ramorum as required prior to shipment.” The length and temperature of the treatment must be recorded on the official certificate.

(6) Infested properties in Oregon: Confirmation of a P. ramorum infection must be made by the ODA or an official cooperator. The required response depends on whether the infested site is of high priority (Type 1) or normal priority (Type 2) in terms of importance for slowing disease spread as determined by ODA or an official cooperator. The ODA or an official cooperator will notify the landowner when a Type 1 infested site has been detected on their property.

(a) Type 1 sites must be treated as quickly as possible in accordance with USDA APHIS’s Official Regulatory Protocol for Phytophthora ramorum Detections in Residential or Landscaped Commercial Settings, last revised September 1, 2009 or the Phytophthora ramorum APHIS Response Protocol for Forest and Wildland Environments Version 1.0, updated November 21, 2008. Subject to the availability of funds dedicated to the rapid treatment of P. ramorum infested sites, the cost of treatment will be borne by the State.

NOTE: These protocols are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4644.

Affected property owners will be issued infestation and treatment area location and treatment requirements in the form of an Administrative Directive. For public and private forested lands, the Oregon Departments of Agriculture and Forestry (ODF) will work with the landowner to develop a treatment plan that will be based on the best available science. The treatment plan may include some or all of the following activities:

(A) Cutting and piling susceptible trees and shrubs;

(B) Burning the wood and plant debris when safe to do so;

(C) Herbicide treatment of stumps, standing trees, and sprouts;

(D) Fungicide application;

(E) Sampling and monitoring;

(F) Replanting with suitable plant species to meet landowner objectives and to prevent intensification and spread of the disease.

(b) On Type 2 sites disease suppression through the implementation of best management practices is encouraged. Subject to availability of funds dedicated to the suppression of P. ramorum in urban and forested environments, a cost-share program may be available through the ODF to help defray costs of implementing best management practices to suppress disease spread (Oregon Department of Forestry, 415 Redwood Street, Brookings, OR 97415, telephone: 541-469-5040). A landowner with a Type 2 site may, after consultation with the ODA and ODF, allow use of their infested site(s) for P. ramorum-related research by Oregon State University, ODF, or ODA. Trees killed by P. ramorum within an infected Type 2 treatment area may be used as firewood under the following conditions:

(A) The firewood from the infected tree(s) is for non-commercial use only;

(B) The firewood does not leave the generally-infested area.

NOTE: Best management practices for managing P. ramorum infestations within the generally infested area are available on the California Oak Mortality website, http://www.suddenoakdeath.org, or from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4644, or the Oregon Department of Forestry - Coos Bay, 63612 Fifth Road, Coos Bay, 97420, telephone: 541-267-4136.

(7) Infested nurseries in Oregon: Confirmation of a P. ramorum infestation must be made by the ODA or an official cooperator. Nurseries are required to eradicate the disease as quickly as possible in accordance with USDA APHIS’s Official Regulatory Protocol for Wholesale and Production Nurseries Containing Plants Infected with Phytophthora ramorum Version 8.0, updated March 31, 2010, or the Official Regulatory Protocol for Retail Nurseries Containing Plants Infected with Phytophthora ramorum Version 1.0, modified August 12, 2009, will be implemented immediately. Infected nurseries must also notify their customers of shipments high-risk nursery stock [Camellia, Kalmia, Pieris, Rhododendron (including Azalea), and Viburnum] to non-regulated areas as required by the Federal Order for Phytophthora ramorum, (DA-2012-53, December 10, 2012). Nurseries from which P. ramorum has been detected in multiple growing seasons will be required to implement best management practices as described in USDA APHIS’s official regulatory protocols for positive nurseries for the mitigation of Phytophthora disease in plants for planting; alternatively, nurseries from which P. ramorum has been detected in multiple growing seasons may enter Oregon’s Grower Assisted Inspection Program (GAIP).

NOTE: These best management practices and protocols and information about the GAIP for nurseries are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4644.

(8) 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 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 P. ramorum.

(9) 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 will be subject to civil penalties of up to $10,000 as provided by 561.995. Commodities shipped in violation of this quarantine may be treated, destroyed or returned to their point of origin without expense or indemnity paid by the state.

Stat. Auth.: ORS 561.190 & 561.560
Stats. Implemented: ORS 561.560
Hist.: DOA 1-2001(Temp), f. & cert. ef. 1-5-01 thru 4-4-01, DOA 5-2001, f. & cert. ef. 3-27-01; DOA 1-2005, f. & cert. ef. 1-24-05; DOA 4-2006, f. & cert. ef. 3-10-06; DOA 7-2007, f. & cert. ef. 3-27-07; DOA 5-2008, f. & cert. ef. 1-16-08; DOA 5-2009, f. & cert. ef. 4-9-09; DOA 21-2010, f. & cert. ef. 12-17-10; DFW 14-2011, f. & cert. ef. 9-9-11; DOA 6-2012, f. & cert. ef. 3-22-12; DOA 4-2013, f. & cert. ef. 3-1-13


 

Rule Caption: Amends rules’ language to match national standard, updates testing requirements and improves readability.

Adm. Order No.: DOA 5-2013

Filed with Sec. of State: 3-1-2013

Certified to be Effective: 3-1-13

Notice Publication Date: 2-1-2013

Rules Amended: 603-051-0855, 603-051-0856, 603-051-0857, 603-051-0858, 603-051-0859

Subject: The proposed amendments to the rules adjust the language and definitions used to match those in the “state level model regulatory standard: Virus-tested certification program for Prunus, Malus, Pyrus, Chaenomeles, and Cydonia nursery stock production systems.” The proposed amendments also update the requirements for nematode testing, for growing registered plants from tissue culture, and for recordkeeping by program participants, while improving the readability of the regulations.

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

603-051-0855

Declaration of Policy

Certification of nursery stock is a function of state government, the responsibilities of which shall be conducted by the Department in keeping with the provisions of ORS 633.620 to 633.660 and statutes related thereto. Participation by nurseries in the certification program shall be voluntary in nature. These regulations may be reviewed biennially by the Department and nurseries participating in the program.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 5-2013, f. & cert. ef. 3-1-13

603-051-0856

Definitions

As used in OAR 603-051-0855 to 603-051-0859, unless the context requires otherwise:

(1) “Block” means a contiguous grouping of plants separated by at least 10-feet from other contiguous groupings of plants.

(2) “Clean cultivation” means the site is bare earth or is planted with a grass (Gramineae) or another crop approved in writing by the Department in which broad-leaved weeds are actively controlled.

(3) “Department” means the Oregon Department of Agriculture.

(4) “G1” means the original plants (nuclear materials) that have tested negative in the most extensive battery of virus tests available, and subsequently maintained in isolation to prevent (re)infection. Production and maintenance of G1 material must be in within a system approved by USDA-APHIS or its official designee.

(5) “G2” means plant material that is propagated from G1 stock and maintained under the specific conditions outlined in OAR 603-051-0857 to prevent (re)infection.

(6) “G3” means plant material that is propagated from G1 or G2 stock to increase the amount of source material available for producing virus-tested certified nursery stock. G3 plants must be maintained under the specific conditions outlined in OAR 603-051-0857 to prevent (re)infection.

(7) “G4” means plant material that is propagated from G1, G2, or G3 stock that will be distributed for sale. When using seed for G4 rootstock production, the source of seed must be approved by the Department.

(8) “Index” means to determine virus infection by means of inoculation from the plant to be tested to an indicator plant or by other scientifically acceptable means of detection.

(9) “Indicator Plant” means any herbaceous or woody plant used to index or determine virus infection.

(10) “Off-Type” means different from the cultivar as stated on the application for certification.

(11) “Oregon Certified Nursery Stock” means G4 plant materials including nursery-grown seedlings, clonal root-stocks originating from registered G2 or G3 trees, nursery-grown trees propagated by using top-stock from registered G2 or G3 trees, and rootstock originating from registered G2 or G3 trees, but is limited to the genera Chaenomeles, Cydonia, Malus, Prunus, and Pyrus.

(12) “Oregon Certified Seed” means seed produced on registered G1, G2, or G3 seed trees.

(13) “Registered Tree” means a tree or clonal planting that has a registration number assigned to it by the Department, and that has been inspected and tested in accordance with the provisions of OAR 603-051-0855 to 603-051-0859.

(14) “Scion-Block” means a planting of registered G2 or G3 trees, which serves as a source of scionwood for the propagation of Oregon Certified Nursery Stock.

(15) “Seed-Block” means a planting of registered G2 or G3 seed trees, which serves as a source of seed for producing rootstock used in the propagation of Oregon Certified Nursery Stock.

(16) “Stool Bed” means a clonal planting of self-rooted registered G2 or G3 trees for the specific purpose of producing vegetatively propagated rootstock used in the propagation of Oregon Certified Nursery Stock.

(17) “Virus” means virus and virus-like pathogens including phytoplasmas, viroids, and graft transmissible agents.

(18) “Virus Infected” means the presence of a harmful virus in a plant or plant part.

(19) “Virus-Like” means either a genetic disorder or nontransmissible entity.

(20) “Tissue culture” means a general term for the cultivation of plants (cells, tissues, or organs) under aseptic conditions in a synthetic medium in vitro. It also refers to the cultures themselves.

(21) “Tested” means having been subjected to an official examination, other than visual, to determine if pests are present or to identify pests.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 6-2007, f. & cert. ef. 3-16-07; DOA 5-2013, f. & cert. ef. 3-1-13

603-051-0857

Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department or their employees as to the condition of nursery stock. The following requirements and conditions shall be met in order to qualify for consideration of certification of nursery stock:

(1) The applicant for certification shall be responsible for the selection of the location and the proper maintenance of all plantings being grown. The applicant shall also be responsible for maintaining the identity of all nursery stock. Any planting entered in this certification program shall be kept in a thrifty growing condition and free of plant pests.

(2) Trees may be registered for certification as rootstock, interstock, and top-stock sources for the propagation of Oregon Certified Nursery Stock when inspected, tested and found to be discernably free from harmful virus and virus-like diseases of regulatory concern and having varietal purity, in accordance with the procedures prescribed in OAR 603-051-0855 to 603-051-0859.

(3) No budding, grafting, or top-working of registered G2 and G3 trees in a scion-block, seed-block, or stool bed shall be permitted. Use of a certified G2 and G3 nursery stock for scionwood shall only be allowed upon receiving permission from the Department and shall be subject to departmental supervision.

(4) Any plant found to be infected by a virus or virus-like disease and officially confirmed by the Department, or found to be off-type, or in root or foliar contact with a confirmed infected plant shall be removed immediately from any planting and destroyed after notification is rendered by the Department. For scion blocks, if a positive plant is present the following growing season, all plants growing within 30-feet of the infected plant within the same block will not be certified. For stool beds, if a positive plant is present the following growing season, all plants growing within 10-feet of the infected plant within the same block will not be certified. The certification of these plants may be regained if Departmentally-approved corrective action is taken.

(5) Prior to planting, all registered plant growing areas and their contiguous border areas of not less than ten feet shall be tested for the presence of soil-inhabiting nematodes known to transmit viruses of concern to the Program. Growing areas found free of nematode vectors will not require chemical fumigation. Growing areas found infested with nematode vectors are required to be fumigated in accordance with the rates and practices recommended by Oregon State University. The growing areas will then be re-tested. Such tests and treatments shall be carried out under the supervision of the Department.

(6) Applicants shall be responsible for maintaining trueness to type of certified G4 nursery stock produced from registered G2 and G3 plants. The applicant shall develop a written program, in cooperation with the Department, so as to provide for monitoring of each cultivar for trueness to type.

(7) A participating nursery must maintain the following records for all registered G2 and G3 nursery stock in this program for a minimum of four (4) years:

(a) Records indicating the Latin name, variety or cultivar, rootstock, origin, date of introduction of the G1 or G2 plant materials to the facility, date of propagation in the registered G2 or G3 block, and field location including nursery row and planting;

(b) Records of sale and copies of all phytosanitary certificates issued;

(c) Maps of the facility or nursery indicating the growing areas and a detailed inventory for the registered G2 and G3 plants.

(8) The following requirements specifically apply to scion-blocks:

(a) A scion-block shall be located not less than 100 feet from any nonregistered cultivated plant of the Rosaceae family. The ground in a scion-block, and for a distance of 20-feet surrounding it, shall be kept either clean-cultivated or in an approved, properly controlled ground cover. Registered scion-block G2 and G3 trees shall be planted and maintained in a manner, and at sufficient distances, so that branches of different varieties do not overlap. Each tree shall bear a permanent registration number;

(b) The rootstock and top-stock sources of the G2 and G3 scion-block trees shall have originated from G2 or G3 trees established under this certification program or from virus-tested G1 trees originating through the Clean Plant Center of the Northwest or other departmentally approved virus-tested sources. If the tree is scion-rooted, its source shall have met the above-mentioned requirements. Only registered G2 and G3 trees shall be permitted in the scion-block.

(9) The following requirements specifically apply to stool beds:

(a) Existing stool beds that index clean on the commonly used virus indicators or via testing approved by the Department shall qualify as registered G3 stool beds. New stool beds (those planted after July 1, 1980) shall have originated from G2 or G3 stock established under this certification program, or from virus-tested G1 plants originating through the Clean Plant Center of the Northwest or other departmentally approved virus-tested sources, and shall be located not less than 50 feet from nonregistered rosaceous hosts and not less than ten (10) feet from registered rosaceous plants. If the tree is scion-rooted, its source shall have met the requirements of this certification program. Only registered trees shall be permitted in the stool bed.

(b) A registered G2 or G3 stool bed shall be located not less than 50-feet from any nonregistered cultivated plant of the Rosaceae family. However, nonregistered stool beds may be located not less than ten feet from registered G2 or G3 stool bed plantings if such plantings were in production when they became subject to this certification program. The ground in a registered stool bed, and for a distance of ten feet surrounding it, shall be kept clean-cultivated;

(10) The following requirements specifically apply to seed-blocks:

(a) A Prunus seed-block shall be located not less than 100-feet from any nonregistered plant of the Prunus species. The ground in a seed-block and for a distance of 20-feet surrounding the seed-block shall be kept clean-cultivated or in an approved, controlled ground cover;

(b) The rootstock and top-stock sources of the seed-tree shall have originated from G2 or G3 trees established under this program or from virus-tested G1 trees originating through the Clean Plant Center of the Northwest or other Department approved virus-tested sources. If the tree is scion-rooted, its source shall have met the above requirements. Only registered trees shall be permitted in the seed-block.

(11) The following requirements specifically apply to scion blocks of containerized Malus, Pyrus, Cydonia, Chaenomeles, or Prunus species. All other requirements for growing scion blocks also apply (see (8)):

(a) The roots of trees being containerized must be free of soil prior to planting in the containers;

(b) The growing medium must consist of non-soil material, including but not limited to, expanded or baked clay pellets, ground coconut husks, coffee hulls, cocoa pods or rice husks, peat, perlite, sawdust, sphagnum, volcanic ash, cinder or vermiculite. The components of the growing medium must not have been previously used for growing plants or other agricultural purposes. The components of the growing medium must be mixed and maintained under conditions which preclude soil contamination or contamination by water run-off. Samples of the growing medium may be taken to verify the absence of soil;

(c) The containers must be set on a barrier that prevents the roots of the plants from permeating the soil or prevents direct contact with the soil, such as plastic, hard-packed clay, pavement, or a minimum of two (2) inches of coarse gravel. The site must be located so as to preclude soil contamination, either directly or through water run-off from drainage, flooding, irrigation, or other means.

(12) The following requirements apply specifically to tissue culture plant materials grown for scion and for rootstock. These requirements are in addition to the requirements specifically for scion blocks described in (8) and for stoolbeds as described in (9):

(a) Plants (explants) used to produce callus for tissue culture must be tested or indexed annually as required by this program;

(b) Plantlets (rooted shoots) regenerated from the tissue culture callus must be grown in a greenhouse or growth chamber and all measures and precautions must be taken to prevent the presence of any vectors in the greenhouse or growth chamber. Records of such measures taken, if they include pesticide use, must be maintained as required by OAR 603-057-0405 through 603-057-0410 and other Oregon Administrative Rules for licensed pesticide applicators as applicable;

(c) One regeneration of plantlets from the tissue culture callus will be certified under this program as G4 level material with no further testing or indexing provided all other requirements are met. This certification will last one (1) year from the date of introduction of the plantlets into the greenhouse. Plantlets may be planted as G3 level registered plants provided all other requirements, including testing, are met for scion as described in (8) and for stool beds as described in (9).

(13) The following requirements specifically apply to Oregon certified nursery stock, also known as G4 level material:

(a) A participating nursery must maintain the following records of all G4-level materials in this program for at least two (2) years.

(i) Records indicating the Latin name, variety or cultivar, rootstock, origin, date of introduction of the G2 materials to the facility, date of propagation in the registered G2 or G3 block, and field location including nursery row and planting.

(ii) Records of sale and copies of all phytosanitary certificates issued.

(iii) Maps of the facility or nursery indicating locations of Oregon certified nursery stock.

(b) All nursery stock grown for G4 certification shall be on rootstocks from registered G2, G3, or G4 trees except for stone fruit trees grown on peach seedlings. Such peach root-stocks shall be acceptable only if the seed transmissible virus content does not exceed five percent, and upon the prior approval of the Department being obtained. Clonal rootstocks used in the production of Oregon Certified Nursery Stock shall originate from registered stool beds;

(c) Nursery stock grown for G4 certification shall be planted sufficiently apart to maintain its identity and shall be kept clean-cultivated. Such nursery stock shall be designated as to rootstock, top-stock, and interstock sources. Rebudding or regrafting of nursery row stock shall not be allowed unless such stock is reworked with budwood from the same registered scion-block;

(d) An official certification tag shall be utilized to designate G4-level trees produced from registered scion-source trees and which have been propagated on rootstocks produced from registered seed sources or stool bed trees, or which are self-rooted. Official certification tags must be attached to G4-level trees at time of sale.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 6-2007, f. & cert. ef. 3-16-07; DOA 5-2013, f. & cert. ef. 3-1-13

603-051-0858

Procedures for Certification

(1) In accordance with OAR 603-051-0855, certification and the supervision of activities relating thereto shall be in the Department. Inspection and testing procedures prescribed in this certification program may be carried out by the Washington State Department of Agriculture or the Department, and shall be conducted at such times and in such manner as is acceptable to the Department.

(2) The methods and procedures used for virus indexing shall conform to Clean Plant Center of the Northwest or Departmentally approved standards and shall be conducted in the manner and times determined by the Department.

(3) The Department reserves the right to visually inspect and test nursery rootstock in a planting for certification throughout the growing season. At the request of the Department, any undesirable rootstock may be rogued before propagation.

(4) All nursery stock meeting the requirements of this certification program shall have the variety, interstock and rootstock designated upon any tag evidencing the same as Oregon Certified Nursery Stock.

(5) The Department shall authorize the use of official certification tags for the identification of nursery stock or seed meeting the requirements of OAR 603-051-0855 to 603-051-0859, and therefore certified as Oregon Certified Nursery Stock. Such official certification tags shall be furnished by the Department to the qualified applicants therefore upon payment of the established cost of the Department for the tags so furnished.

(6) Any person selling, or offering for sale, any nursery stock or seed identified by tagging as Oregon Certified Nursery Stock shall be deemed to be responsible for the identity of such stock. All Oregon Certified Nursery Stock offered for sale shall be handled in accordance with accepted commercial practices and shall be identified by the tags described in the subsection.

(7) Certification shall be refused if plants have been propagated from registered trees determined to be infected by a virus or virus-like disease, or if other provisions of this certification program have been violated.

(8) A list of participating nurseries and certified nursery stock shall be provided to all participating nurseries and to other interested parties upon request.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 6-2007, f. & cert. ef. 3-16-07; DOA 5-2013, f. & cert. ef. 3-1-13

603-051-0859

Application for Certification and Fees

(1) Nurseries voluntarily participating in the certification program shall enter into a compliance agreement with the Department, which shall be submitted to the Department by March 31 of each year so as to provide sufficient time for inspection and indexing of registered G2 and G3 scion and seed trees and for the inspection of nursery stock to be submitted for certification. The nursery participation fee (see (4)) must be submitted with the compliance agreement by March 31 of each year.

(2) The compliance agreement shall contain the information required thereon, including the consent of the applicant for the Department to obtain propagating wood or expanded leaf tissues from any tree for inspection and testing purposes.

(3) Except as otherwise provided, fees charged by the certifying agency for certification are payable on or before July 1 of each year, and are for the sole purpose of defraying expenses incurred by the Department in the inspection, approval, or certification procedures provided for in this certification program, and for providing funds to the Department to support appropriate plant virus survey programs. Payment thereof shall not be construed as granting any right or privilege to the applicant.

(4) The fees payable under this section shall be determined in accordance with the fee schedule (see (4)(a)-(d)). Testing of Prunus, Malus, Pyrus, Chaenomeles, and Cydonia, materials will be performed annually by the Department. These fees shall be payable upon request of the Department:

(a) The fee for participation shall be $200 annually per participating nursery;

(b) The fee shall be $10.00 per sample per Ilarvirus (Prunus necrotic ring spot virus, prune dwarf virus, and apple mosaic virus) test requested;

(c) The fee shall be $7.00 per sample per Tomato ring spot virus test requested;

(d) The fee shall be $7.00 per sample per each additional virus test requested.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; AD 17-1994, f. & cert. ef. 11-10-94; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 6-2007, f. & cert. ef. 3-16-07; DOA 5-2013, f. & cert. ef. 3-1-13

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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