The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF AGRICULTURE

603-052-0020

Exemption from Quarantine Orders

(1) The department may issue special permits allowing movement into this state, or movement within this state, of restricted commodities not otherwise eligible for movements under the provisions of a quarantine order. Any movement under a special permit shall be subject to any conditions or restrictions set forth in the permit, and these conditions and restrictions may vary depending on the intended use of the commodity and the potential risk of escape or spread of the pest quarantined against.

(2) The provisions of a quarantine order shall not apply to experimental shipments of restricted commodities moved by, or at the request of, the U.S. Department of Agriculture.

(3) The provisions of this section shall take precedence over any exemption provision in a quarantine order that is in conflict herewith.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 1-1987, f. & ef. 1-30-87

603-052-0030

Plum Curculio Quarantine

A quarantine is established against the following pest, its host and possible carriers:

(1) Pest. Plum curculio, Conotrachelus enuphar (Coleoptera: Curculionidae), is a native weevil found throughout the eastern United States and Canada. It is a common and serious pest of all stone fruits and, to a lesser extent, of apple and pear. The larvae live within the fruit of their host plants.

(2) Area Under Quarantine:

(A) In the eastern United States and Canada, all states and provinces east of and including Manitoba, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas.

(B) In Utah, Box Elder County.

(3) Articles and Commodities Covered:

(a) Fresh fruit of all plants listed below:

(A) Apple (Malus spp.);

(B) Apricot (Prunus persica)

(C) Cherry, black (P. serotina);

(D) Cherry, Choke (P. virginiana);

(E) Cherry, pin (P. Pensylvanica);

(F) Cherry, sand (P. pumila);

(G) Cherry, sour (P. cerasus);

(H) Cherry, sweet (P. avium);

(I) Crabapple (Malus spp.);

(J) Hawthorn or haw (Crataegus spp.);

(K) Nectarine (Prunus persica nectarina);

(L) Peach (P. persica);

(M) Pear (Pyrus communis);

(N) Plum, American (wild) (Prunus alleghaniensis)

(O) Plum, beach (P. maritima);

(P) Plum, European (P. domestica);

(Q) Plum, Japanese (P. salicina);

(R) Prune (P. spp.)

(S) Quince (Cydonia oblonga).

(b) Soil or other growing medium within the drip zone of plants producing, or which have produced, fruit as listed in subsection (a) of this section.

(4) Restrictions:

(a) Certification Required. Articles and commodities covered which are produced in or shipped from the area under quarantine are prohibited entry into the state of Oregon unless each lot or shipment is accompanied by a certificate issued by and bearing the original or facsimile signature of the authorized agricultural official of the state from which the article or commodity is shipped evidencing compliance with subsections (c), (d), (f), or (g) of this section. No certificate is required for commodities meeting the requirements of subsections (b) or (e) of this section;

(b) Reshipments in Original Containers from Area Under Quarantine of Commodities Grown Outside Thereof. Commodities in original unopened containers, each bearing labels or other identifying marks evidencing origin outside the area under quarantine, may be reshipped to this state from any point within the area under quarantine;

(c) Repacked Commodities Admissible from Area Under Quarantine if Certified Grown Outside Thereof. Provided each lot or shipment is certified by an authorized agricultural official to have been grown outside the area under quarantine and that continued identity has been maintained while within the area under quarantine, the commodities may be repacked and shipped by common carrier from any point within the area under quarantine to this state. The certificate shall set forth the state in which commodities were grown, point of repacking and reshipment, amount and kind of commodities comprising the lot or shipment, and the names and addresses of the shipper and consignee;

(d) Apple Exposed to Controlled Atmosphere (CA) Storage Admissible Under Certificate. Apples which are exposed to controlled atmosphere (CA) storage for a continuous period of ninety (90) days, during which period the temperature within the storage room is maintained at thirty-eight degrees (38°) F (3.3° C) or less, may be admitted into Oregon provided said storage room or building is approved by the proper authorities in the state of origin as a controlled atmosphere facility and further provided each lot or shipment of such apples to Oregon is accompanied by a certificate, as stated in subsection (a) of this section, evidencing compliance with the minimum requirements of this section;

(e) Solid Frozen Fruits Exempt. No restrictions are placed by this regulation on the entry into this state of fruits which upon arrival are frozen solid and which are under refrigeration to assure their solid frozen state;

(f) Shipments from Cold Storage at 32° F (0° C). Commodities covered which are held in cold storage for a continuous period of forty (40) days or more, during which period the temperature within the storage room is maintained at thirty-two degrees Fahrenheit (32° F) (0° C) or less, may be admitted into Oregon provided each lot or shipment is accompanied by a certificate, as stated in subsection (a) of this section, evidencing compliance with the minimum requirements of this paragraph;

(g) Soil or Growing Media When Certified. Soil or growing media specified in subsection (3)(b) of this rule is admissible when certified as treated at origin in a manner approved by the Director.

Stat. Auth.: ORS 561 & ORS 570.305
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 19-1994, f. & cert. ef. 11-15-94

603-052-0051

Quarantine

(1) Establishing Quarantine. A quarantine is established against pests and diseases of wine grapes.

(2) Area Under Quarantine. All states, districts, and territories of the United States, except Oregon.

(3) Commodities Covered. Plants, cuttings and all other plant parts (except fruits) of grape (Vitis species), excluding table grapes, Vitis labrusca.

(4) Restrictions: All covered commodities are prohibited entry into the State of Oregon unless they meet the requirements in (a) through (d) below;

(a) Freedom from Soil: Only grape cuttings and rooted plants produced in sterile soil-less media are permitted entry into Oregon. Potting media must be treated with a soil insecticide effective against vine mealybug and any pests that may be present on the roots.

(b) Freedom from dangerous pests and diseases: Cuttings and plants must be free of dangerous pests and diseases.

(c) Phytosanitary Certificate Required: All shipments must be accompanied by a phytosanitary certificate issued by an official of the state of origin certifying that the grape cuttings or rooted plants have been inspected and to the best of the knowledge of the inspecting official are free from dangerous pests and diseases. In addition, the phytosanitary certificate must certify that rooted plants were grown in sterile soil-less media and treated with a soil or systemic insecticide effective against vine mealybug and any other pests that may be present on the roots. Note: depending on origin, other State quarantines may apply (e.g. glassywinged sharpshooter, European brown garden snail, Japanese beetle) and may require other additional declarations on the phytosanitary certificate.

(d) Prenotification of regulated commodity shipment is required. At least one day prior to shipment, the shipper shall mail, FAX or e-mail documents including the phytosanitary certificate, listing the type and quantity of plants, address of shipper, address of recipient, and contact phone numbers to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; FAX: 503/986-4564; e-mail: <quarantine@oda.state.or.us>. The Department may require that shipments be held until inspected and released. If the recipient is not a licensed nursery, the Department may charge established rates for time and mileage to recover the cost of inspection.

(5) Violation of Quarantine. All covered commodities determined to be in violation of this quarantine, shall be immediately returned by the recipient to the point of origin or, at their option and without expense or indemnity paid by the Department, destroyed. 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 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 913(19-69), f. 12-26-69, ef. 1-25-70; AD 939(7-71), f. 8-18-71, ef. 9-1-71; Suspended by DOA 19-2001(Temp), f. & cert. ef. 9-11-01 thru 2-22-02; DOA 14-2002, f. & cert. ef. 5-23-02; DOA 2-2005, f. & cert. ef. 2-14-05

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, 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 Administrator, Plant Division, 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 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 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: Quarantine Order No. 27(A series), ef. 2-5-37; AD 2-1988, f. & cert. ef. 3-10-88

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, Louisiana, 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

603-052-0115

Quarantine; Blueberry Maggot

(1) Establishing Quarantine. A quarantine is established against blueberry maggot (Rhagoletis mendax).

(2) Area under Quarantine. All states, districts, and territories of the United States east of and including the States of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. All states of the United States west of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas are not included therein.

(3) Commodities Covered. All fresh fruit of blueberry and blueberry 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).

(4) All commodities covered are prohibited entry into Oregon from the area under quarantine with the exception of items listed in (5) below.

(5) Exceptions:

(a) No restrictions are placed by this quarantine upon the entry into the State of Oregon of fruits which upon arrival are frozen solid and which are held under refrigeration to assure their solid frozen state;

(b) Fruits affected by this quarantine, which have been held in cold storage for a continuous period of at least 40 days during which period the temperature in said cold storage area has been maintained at 32° F or less, may be admitted into the State of Oregon providing that the lot or shipment of the same is accompanied by an official certificate, issued by an agency of the state of origin authorized to do so, evidencing compliance with the requirements of this subsection.

(6) Disposition of Commodities in Violation of Quarantine. All commodities described in section (3) of this rule inspected by the Department and determined to be in violation of this quarantine and not permitted entry pursuant to section (5) of this rule, shall be immediately returned by the person receiving the same to the point of origin or, at his option and without expense or indemnity paid by the Department, destroyed by such person.

Stat. Auth.: ORS 561.190, 561.510 - 561.600 & 570.305 - 570.325
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 1033(20-74), f. 6-26-74, ef. 7-25-74; AD 10-1997, f. & cert. ef. 7-2-97; DOA 2-2007, f. & cert. ef. 1-30-07

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. Alabama, Connecticut, Delaware, Florida, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, North Carolina, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Tennessee, Virginia, West Virginia, and District of Columbia.

(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 except sweet cherry, P. avium; sour cherry, P. cerasus; Portugal laurel, P. lusitanica; common cherry laurel, P. laurocerasus; holly leaved cherry, P. ilicifolia; and Catalina cherry, P. lyonii;

(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, section2.

(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

603-052-0117

Quarantine; Peach Latent Mosaic Viroid

(1) Establishing a Quarantine. A quarantine is established against Peach Latent Mosaic Viroid (formerly known as Peach Mosaic Virus Disease).

(2) Areas under Quarantine:

(a) Arizona: Entire state;

(b) California: Counties of Los Angeles, Riverside, San Bernardino, and San Diego;

(c) Colorado: Counties of Delta, Garfield, Mesa, Montezuma, and Montrose;

(d) New Mexico: Entire state;

(e) Oklahoma: Counties of Alfalfa, Bryan, Johnston, and Woods;

(f) Texas: Counties of Brown, Callahan, Camp, Cherokee, Comanche, Dallas, Eastland, El Paso, Erath, Fisher, Floyd, Freestone, Hale, Harrison, Hudspeth, Jones, Limestone, Palo Pinto, Runnels, San Saba, Smith, Tarrant, Taylor, Upshur, and Young;

(g) Utah: Counties of Grand and Washington.

(3) Commodities Covered. All peach, nectarine, apricot, almond, plum, Prunus tomentosa (Manchu cherry), P. besseyi (W. Sand Cherry) and prune trees or parts of these trees for or capable of propagation except fruit pits, are hereby declared to be hosts or possible carriers of the disease herein quarantined and are prohibited from entry into this state, either directly, indirectly, diverted, or reconsigned.

(4) Exceptions. All commodities identified in section (3) of this rule originating outside of the quarantine areas shall be accompanied by a certificate stating that all such commodities were produced in an area free of peach mosaic virus.

(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.

(6) Special Permits. 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 3-1995, f. & cert. ef. 4-5-95; DOA 1-2006, f. & cert. ef. 1-13-06

603-052-0118 

Quarantine; Peach Rosette Phytoplasma

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

(2) Areas Under Quarantine. Alabama, Arkansas, Georgia, Illinois, Indiana, Kansas, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Tennessee, Texas and West Virginia.

(3) Commodities Covered. The following commodities are hereby declared to be hosts or possible carriers of the disease herein quarantined, and are prohibited from entry into this state, either directly, indirectly, diverted, or reconsigned:

(a) Symptomless carriers of Peach Rosette, namely trees and propagating parts, except seed, of Wilson apricot (a variety of Prunus armeniaca) and Marianna plum (a hybrid variety of P. cerasifera) and any tree budded or grafted on Marianna plum understock;

(b) All trees, roots, stalks, cuttings, grafts, scions, or buds of all species and varieties of the genus Prunus except American cherry-laurel, P. caroliniana; Catalina cherry, P. lyonii; common cherry laurel, P. laurocerasus; Portugal laurel, P. lusitanica, and holly leaved cherry, P. ilicifolia;

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

(4) Exceptions:

(a) Seedling trees or trees budded on admissible rootstocks which are grown from seed and shipped in one growing season may be certified, and provided any budwood used in the production of such trees meets the conditions of subsection (c) of this section, and Peach Rosette 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 no Peach Rosette has 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 premises or bud source properties;

(B) The growing premises have been found free from Wilson apricot and Marianna plum trees and any other tree growing on Marianna plum understock and, during the last two growing seasons previous to digging the trees or taking the buds, Wilson apricot or Marianna plum trees have not existed within one mile of the growing premises or the 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 the 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 provided 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 agency. 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 1086(9-76), f. & ef. 3-11-76 ; AD 3-1995, f. & cert. ef. 4-5-95; DOA 8-2005, f. & cert. ef. 2-15-05

603-052-0120

Quarantine; Oak Wilt Disease

(1) Establishing a Quarantine. A quarantine is established against Oak Wilt Disease (Ceratocystis fagacearum).

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

(3) Commodities Covered. All rooted trees, seedling plants, cuttings, scions, bark, leaf mold, roots, or other unpeeled parts, except seed, of all species of oak (Quercus spp.), chestnut (Castanea spp.), chinquapin (Castanopsis spp.), and tanbark oak (Lithocarpus densiflora). Tissue cluture plantlets in sealed, sterile containers are exempt from this quarantine.

(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 section (2) of this rule, except as provided in subsection (b) of this section, are prohibited entry into the State of Oregon whether moved directly from said areas or diverted or reconsigned from any such area;

(b) Commodities Admitted Under Origin Certificate: Commodities described in section (3) of this rule may be permitted entry into Oregon provided each lot or shipment is accompanied by a certificate issued by an official agency of the state of origin certifying that all commodities covered by the certificate are a product of the state from which shipped or of another state, neither of which is known to have oak wilt disease occur; certifying that such commodities are free from the described disease; and setting forth in either case the name of the state where produced and the kind and amount of commodities covered by the certificate.

Stat. Auth.: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 1087(10-76), f. 3-22-76, ef. 4-1-76; DOA 2-2007, f. & cert. ef. 1-30-07

603-052-0121

Quarantine; Apple Maggot

(1) Establishing a Quarantine. A quarantine is established against apple maggot (Rhagoletis pomonella), a dipterous insect of the family Tephritidae whose larval stages live within the fruit of their host plants and cause extensive damage to such fruit.

(2) Areas Under Quarantine:

(a) Within the State of Oregon: the counties of Benton, Clackamas, Clatsop, Columbia, Coos, Curry, Douglas, Gilliam, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Sherman, Tillamook, Yamhill, Wasco, Washington, and the City of Pendleton in Umatilla County.

(b) In the western United States: California, Idaho, Utah and Washington.

(c) In the eastern United States: all states and districts east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas.

(3) Commodities Covered. From the areas under quarantine: all fresh fruit of hawthorne (haw); all non-commercial fresh fruit of pear; and all fresh fruit of apple (including crabapple).

(4) Restrictions:

(a) Certification Required. Commodities covered which are produced in or shipped from the area under quarantine are prohibited entry into the commercial apple producing counties of Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco counties of the State of Oregon unless each lot or shipment is accompanied by a certificate issued by and bearing the original or facsimile signature of the authorized agricultural official of the state from which the commodity is shipped evidencing compliance with subsection (e), (f), or (g) of this section. No certificate is required for commodities meeting the requirements of subsection (c) or (d) of this section;

(b) In the western U.S., not all counties in infested states have established populations of apple maggot. Provided each lot or shipment is certified by an authorized agricultural official to have been grown in a county not known to be infested with apple maggot, the commodities may be shipped to the Oregon counties of Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco.

(c) Reshipments in Original Containers if Commodities Grown Outside Area Under Quarantine. Commodities in original unopened containers, each bearing labels or other identifying marks evidencing origin outside the areas under quarantine, may be reshipped to the counties Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco of the State of Oregon from any point within the areas under quarantine;

(d) Repacked Commodities Admissible if Certified Grown Outside from Area Under Quarantine. Provided each lot or shipment is certified by an authorized agricultural official to have been grown outside the area under quarantine and that continued identity has been maintained while within the area under quarantine, the commodities may be repacked and shipped by common carrier from any point within the area under quarantine to the Oregon counties of Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco. The certificate shall set forth the state in which commodities were grown, point of repacking and reshipment, amount and kind of commodities comprising the lot or shipment, and the names and addresses of the shipper and consignee;

(e) Apples Exposed to Controlled Atmosphere (CA) Storage Admissible Under Certificate. Apples which are exposed to controlled atmosphere (CA) storage for a continuous period of 90 days, during which period the temperature within the storage room is maintained at 38° F (3.3°C) or less, may be admitted into the counties of Hood River, Morrow, Umatilla and Wasco of the State of Oregon provided said storage room or building is approved by the proper authorities in the state of origin as a controlled atmosphere facility and further provided each lot or shipment of such apples to the afore named Oregon counties is accompanied by a certificate, as stated in subsection (a) of this section, evidencing compliance with the minimum requirements of this section;

(f) Solid Frozen Fruits Exempt. No restrictions are placed by this regulation on the entry into the Oregon counties of Hood River, Morrow, Umatilla and Wasco of fruits which upon arrival are frozen solid and which are under refrigeration to assure their solid frozen state;

(g) Shipments from Cold Storage at 32° F (0°C). Commodities covered which are held in cold storage for a continuous period of 40 days or more, during which period the temperature within the storage room is maintained at 32° F (0°C) or less, may be admitted into the counties of Hood River, Morrow, Umatilla and Wasco of the State of Oregon provided each lot or shipment is accompanied by a certificate, as described in subsection (a) of this section, evidencing compliance with the requirements of this section.

(5) Exceptions:

(a) Based on a memorandum of agreement between the Oregon and Washington Departments of Agriculture, the Washington counties of Klickitat and Skamania and the Oregon counties of Hood River and Wasco are considered a single production area, and under the terms of this memorandum fresh commercial apple fruit produced in this production area may move freely throughout these counties. This exception shall be allowable only as long as such memorandum is in effect;

(b) Special Permits: The Director of the Oregon State Department of Agriculture may issue special permits admitting covered commodities not otherwise eligible for entry into of Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco counties of the State of Oregon from areas under quarantine subject to specific conditions and provisions which the director may prescribe to prevent introduction, escape or spread of the quarantined pests.

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 7-1985, f. 9-16-85, ef. 10-1-85; DOA 5-2005, f. & cert. ef. 2-15-05

603-052-0126

Quarantine; European Corn Borer

A quarantine is established effective October 15, 1969, against the following pest, its hosts, and possible carriers:

(1) Pest. European corn borer (Ostrinia nubilalis).

(2) Area Under Quarantine. All states and districts of the United States, except the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, New Mexico, Utah, and Washington.

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

(4) Commodities Covered. (Restricted Products) Corn, broomcorn, sorghums, and Sudan grass, plants and all parts thereof (including shelled grain and stalks, ears, cobs, and all other parts, fragments, or debris of said plants); beans in the pod; beets; celery; peppers (fruits); endive; Swiss chard; and rhubarb (cut or plants with roots); cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems), and gladiolus (except corms without stems), are hereby declared to be hosts or possible carriers of the pest herein quarantined against.

(5) Restrictions:

(a) Definitions. As used in the quarantine and section:

(A) "Portions of Plants or Fragments Capable of Harboring Larva of European Corn Borer" means any portion of a host plant of any shape or size which cannot be passed through a 1/2-inch square aperture, and any completely whole, round, uncrushed section, portion, or piece of cob, stalk, or stem of one inch or more in length and 3/16-inch or more in diameter;

(B) "Official Certificate" means a document, issued by a duly authorized representative of the designated state, district, or federal department of agriculture, evidencing compliance with the provisions of this regulation and setting forth all information and facts hereinafter required;

(C) "Department" means the Department of Agriculture of the State of Oregon;

(D) "Shelled Grain" means the seeds or kernels separated from all other plant parts of corn, broomcorn, sorghum, and Sudan grass.

(b) Certification required on all shelled grain from area under quarantine. Except as provided in section (6) of this rule, each lot or shipment of shelled grain of corn, broomcorn, sorghums, and Sudan grass grown in or shipped from the area under quarantine described in section (2) of this rule, imported or brought into this state, must be accompanied by an official certificate evidencing compliance with one of the following conditions:

(A) Certificates on shelled grain grown in or shipped from the infested area described in section (3) of this rule, must either affirm that said grain has been passed through a 1/2-inch mesh screen or less, or otherwise processed prior to loading and is believed to be free from stalks, cobs, stems, or portions of plants or fragments capable of harboring larva of the European corn borer, and further, that the car or truck was free from stalks, cobs, stems, or such portions of plants or fragments at time of loading, or affirm that said grain has been fumigated by a method and in a manner prescribed by the Department, and setting forth the date of fumigation, dosage schedule, and kind of fumigant used;

(B) Certificate on shelled grain grown in and shipped from states under quarantine not listed in section (3) of this rule, must be issued by the proper official of the state wherein such grain was produced, affirming that all such grain covered by said certificate is a product of said state wherein no European corn borer is known to exist and that its continued identity has been maintained to assure no blending or mixing with grain, plants, or portions thereof produced in or shipped from infested areas described in section (3) of this rule;

(C) Any lot or shipment of shelled grain arriving in this state which is not accompanied by an official certificate as herein before required, or which is certified on the basis of freedom from contamination with portions of plants or fragments capable of harboring larva of European corn borer as defined above, and which is found to be so contaminated, shall be deemed to be in violation of this quarantine and regulation and subject to disposal as provided by law and by section (16) of this rule quarantine;

(D) All certificates issued in compliance with paragraph (A) or (B) of this subsection must also set forth the kind and quantity of the commodity constituting the lot or shipment covered thereby, the initials and number of the railway car, or license number in the case of truck, and the names and addresses of the shipper and consignee.

(6) Certain Grain Products Conditionally Exempt from Certification. Certification requirements of subsection (5)(b) of this rule, are hereby waived on shelled popcorn, seed for planting, and on individual shipments or lots of one hundred pounds or less of other clean, shelled grain, or comprised of packages of less than ten pounds, subject to inspection and freedom from portions of plants or fragments capable of harboring European corn borer.

(7)(a) Stalks, ears, cobs, or other parts, fragments, or debris of corn, broomcorn, sorghums, and Sudan grass admitted under disinfection or treatment certificate. Stalks, ears, cobs, or other parts, fragments, or debris of corn, broomcorn, sorghums, and Sudan grass grown in or shipped from the area under quarantine imported as such or as packing or otherwise, will be admitted into the State of Oregon only provided each lot or shipment is accompanied by an official certificate of the state from which shipped, affirming that all stalks, ears, cobs, or other parts, fragments, or debris of such plants accompanied thereby have been disinfected or sterilized by a method and in a manner prescribed by the Department, and setting forth the date and full particulars of treatment applied, except that stalks, ears, cobs, or other parts, fragments, or debris of said plants grown in and shipped from states under quarantine not listed in the infested area described in section (3) of this rule will be admitted into the State of Oregon provided each shipment or lot is accompanied by an official certificate of the state where produced, affirming that such product is a product of said state wherein no European corn borer is known to exist, and that continued identity of the product has been maintained to assure no handling or storage in association with stalks, ears, cobs, or other parts, fragments, or debris of such plants grown in or shipped from infested areas herein described;

(b) All certificates issued in compliance with this section (7) of this rule must also set forth the kind and quantity of the commodity constituting the lot or shipment covered thereby, the initials and number of the railway car, or license number in the case of truck, and the names and addresses of the shipper and consignee.

(8)(a) Certification required on certain vegetable and ornamental plants and plant products produced in or shipped from infested area. Except as provided in section (6) of this rule, beans in the pod, beets, celery, peppers (fruits), endive, Swiss chard, and rhubarb (cut or plants with roots); cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems), gladiolus (except corms without stems) produced in or shipped from the infested area described in section (3) of this rule, will be admitted into the State of Oregon only provided each lot or shipment is officially certified by an inspector of the Plant Quarantine Division of the U.S. Department of Agriculture or by the duly authorized official of the state where produced, evidencing that such plants, products, or cut flowers have been inspected or that the greenhouse or growing grounds where same were produced were inspected and no European corn borer was found, or that such plants, products, or cut flowers have been fumigated by a method and in a manner prescribed by the Department and setting forth the date of fumigation, dosage schedule, and kind of fumigant used;

(b) No restrictions are placed by this regulation on the entry into this state of such vegetable and ornamental plants and plant products produced in and shipped from any state not listed in section (3) of this rule.

(9) Certain Restricted Products Conditionally Exempt from Certification. Certification requirements of section (8) of this rule, are hereby waived on individual shipments or lots of certain restricted vegetables, ornamental plants, and plant products described therein, under and subject to the following conditions:

(a) In lots or shipments of ten pounds or less, beans in the pod, beets, peppers (fruits), endive, Swiss chard, and rhubarb (cut or plants with roots);

(b) During period November 30 to May 1, divisions without stems of the previous year's growth, rooted cuttings, seedling plants, and cut flowers of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, and Japanese hop.

(10) Manufactured or Processed Products Exempt from Restriction. No restrictions are placed by this proclamation upon the movement of the restricted products herein defined which are processed or manufactured in such a manner as to eliminate all danger of carrying the pest herein quarantined against.

(11) Certification Waived on Small Lots. Under section (16) of this rule and the European Corn Borer Exterior Quarantine, the Department may release small lots of shipments which may be adequately inspected in lieu of origin certification provided no living stage of European corn borer is found or the lot or shipment may be treated in an approved manner under official supervision. It is intended that this disposition will only apply to lots or shipments of a size which will permit a 100 percent inspection involving less inspection time and effort than would be required to issue rejection notices and hold for origin certification. Rejection notices need not be filed on the lots or shipments which are adequately inspected and released in lieu of origin certification.

(12) Fumigation Instructions. The articles listed in this quarantine will be admitted to the State of Oregon if they are accompanied by an official certificate as set forth in section (5) of this rule, showing they have been fumigated or treated under the supervision of the certifying official:

(a) With the dosage schedule and under the conditions set forth in sections (13) to (15) of this rule and in compliance therewith; or

(b) Under the dosages, schedules, conditions, manner, time, and in compliance with a special written order or instruction issued by the Department.

(13) Gas-Tight Chamber Fumigation:

(a) Broomcorn and articles made of broomcorn. (Gas-tight chamber fumigation):

(A) Vacuum fumigation (HCN) three lbs. liquid hydrocyanic acid or its equivalent per 1,000 cu. ft. of air space at a temperature of not less than 60°F, the gas to be injected in not less than a 28-inch vacuum sustained for a period of not less than three hours;

(B) Steam sterilization under vacuum. Air pressure in chamber shall be reduced to 25-inch vacuum. Steam shall then be introduced until positive pressure of ten pounds is obtained. This pressure to be sustained until constant temperature in all parts of the chamber is attained;

(C) Atmospheric fumigation in a gas-tight chamber using a dosage schedule of 2-1/2 lbs. of methyl bromide per 1,000 cu. ft. of chamber space for a period of six hours at temperatures of 70° F or above.

(b) Ear corn. (Dry) (Gas-tight chamber fumigation):

(A) Ears of corn to be heated in a chamber at an air temperature of not less than 168°F for a period of not less than two hours. Ears of corn to be spread out on slat or wire shelves, not more than one layer deep. Air temperatures shall be taken at three points in the chamber and the time of sterilization shall begin when all thermometers reach 168°F after corn has been placed in the chamber;

(B) Atmospheric fumigation in a gas-tight chamber using a dosage schedule of two pounds of methyl bromide per 1,000 cu. ft. for a period of six hours at temperatures of 70°F or above.

CAUTION: Dosage schedules, temperatures, and time of exposure herein indicated should not be exceeded if corn is to be planted.

(c) Ear corn (green), green beans, beets, ¹celery, ²bell peppers, ¹endive, ¹Swiss chard, ¹cut rhubarb, also cut flowers, and plants for propagation. (Gas-tight chamber fumigation).

¹No information as to tolerance.

²Peppers injured following experimental tests at normal temperatures. When held under cold storage following fumigation, color is better and texture firmer and ripening retarded, but apparently break down rapidly on removal from cold storage.

(d) Atmospheric fumigation in a gas-tight chamber using methyl bromide at the following rates for the period specified to be determined by the temperature of the product and interior of the fumigation chamber (see requirements for dosages): Temperature, lbs. per 1,000 cu. ft., exposure (hrs), respectively:

(A) 73°F and above -- 2.0 -- 2.5;

(B) 67–72°F -- 2.5 -- 2.5;

(C) 62–66°F -- 2.5 -- 3.0;

(D) 58–61°F -- 2.5 -- 3.5;

(E) 54–57°F -- 2.5 -- 4.0;

(F) 50–53°F -- 3.0 -- 4.0;

(G) 46–49°F -- 3.0 -- 4.5;

(H) 42–45°F -- 3.5 -- 4.5;

(I) 38–41°F -- 3.5 -- 5.0.

(14) Freight Car Fumigation: Bulk Ear Corn and Baled Broomcorn (only).

CAUTION: All freight cars must be properly tested for leaks and made gas-tight for the duration of exposure. Also see section (15) of this rule for other commodities.

Atmospheric fumigation for a period of 16 hours using methyl bromide at the following rates to be determined by the temperature of the product and interior of the car during the period of exposure: Temperature, lbs. per 1,000 cu. ft.:

(a) 60°F and above -- 3.0;

(b) 50–59°F -- 3.5;

(c) 40–49°F -- 4. 0;

(d) 30–39°F -- 4.5 (Hot gas method of application must be used at temperatures below 40°F);

(e) 20–29°F -- 5.0.

(15) Freight and Railway Car, or Van-Type Truck Fumigation: Fumigation Procedure for Treating Bulk Shelled Corn, Sorghums, and Sudan Grass, in Loaded Freight or Railway Cars or Van-Type Trucks, as a Basis for Certification from European Corn Borer:

(a) Except as otherwise approved in writing by the Department, the following method as described in this section shall be the only method employed as a basis for issuing fumigation certificates on bulk shelled grain treated in freight or railway cars or trucks, to meet the requirements of this Oregon quarantine;

(b) All metal cars and vans. Only all metal freight cars or all metal trucking vans shall be used as fumigation chambers. The doors must be single doors and not over seven feet in width. Doors and other apertures must be sealed in a manner to make them gas-tight;

(c) Air circulation system:

(A) Each loaded railway car or trucking van shall be prepared so that air can be withdrawn from beneath grain and returned to the space above the load. This shall be provided by a system of probes inserted in the grain and connected by flexible tubing to a portable blower outside of the car which will return the air to the space above the load;

(B) The probe system (see Diagram 1) shall consist of ten probes six feet in length inserted equidistant in a line down the center of the car so that the perforated tips are near the floor level. The probes are to be connected by flexible tubing proportioned so that there is equal suction on each probe. One doorway shall be sealed with gas-tight laminated paper. The ducts shall lead through this paper seal to the portable blower;

(C) The blower shall have a capacity of not less than 625 c.f.m. against 5" static pressure and shall be of design that can be made gas-tight. The gas can be introduced as a spray or through a volatizer into the exhaust duct at any point between the blower and the car or van, or introduced directly into the space above the load.

(d) Details of duct system:

(A) The intake side of the blower unit is connected to the inside duct system by a 15' length of 6" neoprene-coated flexible tubing. Another 15' length of 8" tubing is attached to the exhaust side of the blower and the other end inserted into a metal collar inserted into the paper grain door above the load;

(B) The inside probe and duct system is constructed of neoprene-coated flexible tubing. Two similar systems extend from the center to each end of the car or van and are connected by a Y section to a 5' section of 6" tubing which extends toward the door. The end of this section is fitted with a 6" diameter sheet metal tubing that extends through the paper grain door for connection to the intake side of the blower (see Diagram 1);

(C) A set of ten probes 6' in length are required. Probes are made from 1-1/4" I.D. hard-drawn aluminum tubing. Each probe is fitted with a heavy sheet metal point having four slots 1/16" wide by 5" long through which air is taken into the duct system. Each probe is attached to the duct system by a section of 1-1/2" flexible tubing (see Diagram 1).

(e) Procedure. Lay out the inside probe and duct system on top of the load. Insert probes down the center of the load at 4' intervals to a depth near the floor (both end probes to be placed 2' from the end of the car). Seal door of car through which intake and exhaust tubes from the blower will connect to the probe-duct system as follows:

(A) Heavy laminated paper is placed in the doorway on the outer side of the wooden grain door and sealed to the doorfacing and doorsill by Scotch masking tape. The top edge of this paper is lapped over and fastened to the top edge of the wooden grain door. The remainder of the door opening is covered by a paper grain door to the ceiling of the car;

(B) Loosen the wooden grain door and slip the bottom edge of the paper door down so as to overlap the paper on the wooden door. Then, renail the wooden grain door in place. Seal this lap of paper grain door to the paper covering the wooden door using Scotch masking tape. Nail a 1" x 4" plank across the top of the paper grain door inside of the car, leaving a sufficient edge of paper above the plank to seal it with masking tape or "bug" putty*. Seal the ends of the paper grain door to the inside wall of the car with masking tape. Cut holes in paper grain door (one 8" diameter, one 6" diameter). These holes should be cut just above the edge of the wooden grain door so that ducts will rest on the top of the wooden grain door. Seal an 8" collar inserted through the hole through which the exhaust duct may be inserted. Then insert the end of the inside duct system out through the 6" hole so as to protrude about 2" beyond the paper grain door and to which the intake duct from the blower may be attached. Close the opposite door and all other apertures in the car and seal with masking tape and "bug" putty so as to make the entire car gas-tight. Connect intake duct from blower to the end of the inside probe system extending through the paper car door. Insert the end of the exhaust duct through the 8" collar in the paper grain door and seal with masking tape or "bug" putty. Start blower and introduce the required amount of fumigant. Allow blower to operate continuously for at least ten minutes after fumigant has been discharged. Disconnect intake and exhaust ducts, seal up openings, and close car door. Allow car to remain undisturbed for a period of 16 hours.

*Available from fumigant supply companies, or can be made from 8 parts asbestos, 3 parts calcium chloride, and 4 parts water.

(f) Dosage schedule. Atmospheric fumigation for a period of 16 hours using methyl bromide at the following rates to be determined by the temperature of the product and interior of the car during the period of exposure: Temperature, lbs. per 1,000 cu. ft.:

(A) 60°F and above -- 4.0;

(B) 55–59°F -- 4.5;

(C) 50–54°F -- 5.0;

(D) 45–49°F -- 5.5;

(E) 40–44°F -- 6.0;

(F) 35–39°F -- 6.5;

(G) 30–34°F -- 7.0 (Hot gas method of application must be used at temperatures below 40°F);

(H) 25–29°F -- 7.5;

(I) 20–24°F (minimum) -- 8.0.

(g) Supervision. All fumigation treatments applied as a basis for certification to meet destination state European corn borer quarantines shall be under the direct supervision of the origin state entomologist or his official inspector. The origin state entomologist must also determine that all such fumigation equipment and materials used meet the standard established herein;

(h) Certification. Certificates must affirm that the grain or seed accompanied thereby has been fumigated using the approved "Forced Circulation Method" and set forth the date of fumigation, dosage schedule, kind of fumigant used, period of exposure, and temperature. Each such certificate must also set forth the kind and quantity of the commodity, the initials and number of the railway car or license numbers of vans or trailers and the name and address of the shipper and consignee;

(i) Caution. Methyl bromide (CH₃Br) is a colorless, odorless, volatile liquid which when released at ordinary temperatures is a gas injurious to all forms of animal life. Proper precautions should be observed by all persons when handling it. For further information, consult the state entomologist.

(16) Disposition of Violations. Any or all shipments or lots of the quarantined articles enumerated in section (4) of this rule, arriving in Oregon in violation of this quarantine shall immediately be sent out of Oregon, or destroyed, or treated by a method approved by the Department, all at the expense of the owner or owners. All of such procedures shall only be carried out under and at the direction and/or order of the Department. The provisions of this section do not prohibit the Department from taking any other action or procedure authorized by law against persons or commodities or articles that are in violation of law or this quarantine.

[ED NOTE: The Diagram referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 906(12-69), f. 9-23-69, ef. 10-15-69

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.

(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: Administrator, Plant Division, 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: Administrator, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301, telephone: 503/986-4644, FAX: 503/986-4786, e-mail: dhilburn@oda.state.or.us.

(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

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 Division, 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

603-052-0150

Control Areas and Procedures

(1) As authorized by ORS 570.405 to 570.435, a control area is established in each of the following counties for the protection of the cherry industry in that area through the eradication or control of the cherry fruit fly:

(a) Hood River County;

(b) Lane County;

(c) Linn County;

(d) Marion County;

(e) Polk County;

(f) Umatilla County;

(g) Union County;

(h) Yamhill County; and

(i) The portion of Wasco county, north of Warm Springs Reservation.

(2) Approved IPM practices, including spray formulations, are those recommended by the Oregon State Extension Service as described for specific control areas in the following extension documents:

(a) For Hood River and Wasco counties: Pest Management Guide for Tree Fruits in the Mid-Columbia Area. EM 8203, Oregon State University Extension Service.

(b) For Lane, Linn, Marion, Polk and Yamhill counties: Pest Management Guide for the Willamette Valley, EM 8329, Oregon State University Extension Service.

(c) For Umatilla and Union counties Cherry Fruit Fly Pest Management for control areas in Umatilla and Union counties. EM 8587, Oregon State University Extension Service.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 603, f. & ef. 10-31-58; AD 974(7-72), f. 7-27-72, ef. 8-15-72; AD 1073(19-75), f. & ef. 12-5-75; AD 11-1977, f. 5-10-77, ef. 5-20-77; DOA 4-2005, f. & cert. ef. 2-14-05; DOA 1-2006, f. & cert. ef. 1-13-06; DOA 2-2007, f. & cert. ef. 1-30-07

603-052-0153

Definitions

As used in OAR 603-052-0154 to 603-052-0158, unless the context requires otherwise:

(1) "Host Tree" means cherry (Prunus spp.), pears (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella) as may be deemed necessary by the Department.

(2) "Insect" means Apple Maggot (Rhagoletis pomonella), San Jose Scale (Aspidiotus perniciosus) and Codling Moth (Cydia pomonella).

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81; DOA 3-2009, f. & cert. ef. 2-13-09

603-052-0154

Control Area

A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of Apple Maggot, San Jose Scale and Codling Moth within the boundaries of Wasco County, Oregon.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0155

Intent and Purpose

It is the intent and purpose of OAR 603-052-0153 to 603-052-0158 to prevent the buildup and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial cherry, pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to decrease insect resistance to pesticides. Also, it is the intent and purpose of said rules to more effectively carry out insect control efforts by enabling area-wide spraying programs of commercial orchards in the control area.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0156

Control by Spraying

(1) All host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area which are in near proximity to commercial pear and apple orchards, shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals at the rate, at the times and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise).

(2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area, the Department or its contractors may annually inspect any of the areas described in section (1) of this rule.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0157

Inspection Procedures

In order to determine whether the provisions of OAR 603-052-0156 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of OAR 603-052-0158. The Department may consult with any ad hoc plant pest control advisory committee established in the control area in order to ascertain whether adequate insect controls have been undertaken by particular persons and whether such persons have been advised of the necessity to control the described insects.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0158

Control Procedures

(1) The order of the Department referred to in OAR 603-052-0157 may direct that infested host plants or host trees be completely uprooted; cut off near the ground level and the stump immediately treated with an effective herbicide; or killed in place so as not to harbor insect pests. Additionally, the Department may direct that any subsequent sprouts or regrowth of such trees also be killed.

(2) If it is determined that the order described in OAR 603-052-0157 has not been complied within five days after its issuance, the failure to so comply shall be deemed to be a violation of ORS 570.410 and subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0160

Definitions

As used in OAR 603-052-0165 to 603-052-0185, unless the context requires otherwise:

(1) "Host Tree" means Pear (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella) deemed necessary by the Oregon Department of Agriculture.

(2) "Insect" means Codling Moth (Cydia pomonella), Apple Maggot (Rhagoletis pomonella), and Pear Pyslla (Psylla pyricola).

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 3-1977, f. 2-9-77, ef. 3-1-77; AD 16-1981, f. 7-24-81, ef. 8-7-81; DOA 3-2009, f. & cert. ef. 2-13-09

603-052-0165

Control Area

A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of the insects Codling Moth, Apple Maggot and Pear Psylla within the boundaries of Jackson County, Oregon.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 3-1977, f. 2-9-77, ef. 3-1-77; AD 16-1981, f. 7-24-81, ef. 8-7-81

603-052-0170

Intent and Purpose

It is the intent and purpose of OAR 603-052-0160 to 603-052-0185 to prevent the build-up and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to decrease insect resistance to pesticides. Also, it is the intent and purpose of said sections to more effectively carry out insect control efforts by enabling area-wide spraying programs of commercial orchards in the control area.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 3-1977, f. 2-9-77, ef. 3-1-77

603-052-0175

Control by Spraying

(1) All host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area which are in near proximity to commercial pear and apple orchards, shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals at the rate, at the times and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise).

(2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area, the Department or its contractors may annually inspect any of the areas described in section (1) of this rule.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 3-1977, f. 2-9-77, ef. 3-1-77; AD 16-1981, f. 7-24-81, ef. 8-7-81

603-052-0180

Inspection Procedures

In order to determine whether the provisions of OAR 603-052-0175 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of OAR 603-052-0185. The Department may consult with any ad hoc plant pest control advisory committee established in the control area in order to ascertain whether adequate insect controls have been undertaken by particular persons and whether such persons have been advised of the necessity to control the described insects.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 3-1977, f. 2-9-77, ef. 3-1-77

603-052-0185

Control Procedures

(1) The notice of the Department referred to in OAR 603-052-0180 may direct that infested pear and apple trees be completely uprooted; cut off near the ground level and the stump immediately treated with an effective herbicide; or killed in place so as not to harbor insect pests. Additionally, the Department may direct that any subsequent sprouts or regrowth of such trees also be killed.

(2) If it is determined that the order described in OAR 603-052-0180 has not been complied within five days after its issuance, the failure to so comply shall be deemed to be a violation of ORS 570.410 and subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 3-1977, f. 2-9-77, ef. 3-1-77

603-052-0187

Definitions

As used in OAR 603-052-0188 to 603-052-0192, unless the context requires otherwise:

(1) "Host Tree" means pears (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella) as may be deemed necessary by the Oregon Department of Agriculture.

(2) "Insect" means Apple Maggot (Rhagoletis pomonella).

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 17-1981, f. 7-24-81, ef. 8-7-81

603-052-0188

Control Area

A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of Apple Maggot within the boundaries of Josephine County, Oregon.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 17-1981, f. 7-24-81, ef. 8-7-81

603-052-0189

Intent and Purpose

It is the intent and purpose of OAR 603-052-0187 to 603-052-0192 to prevent the buildup and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to increase insect resistance to pesticides. Also, it is the intent and purpose of said rules to more effectively carry out insect control efforts by enabling areawide spraying programs of commercial orchards in the control area.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 17-1981, f. 7-24-81, ef. 8-7-81

603-052-0190

Control by Spraying

(1) All host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area which are in near proximity to commercial pear and apple orchards, shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals at the rate, at the times and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise).

(2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area, the Department or its contractors may annually inspect any of the areas described in section (1) of this rule.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 17-1981, f. 7-24-81, ef. 8-7-81

603-052-0191

Inspection Procedures

In order to determine whether the provisions of OAR 603-052-0190 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of OAR 603-052-0192. The Department may consult with any ad hoc plant pest control advisory committee established in the control area in order to ascertain whether adequate insect controls have been undertaken by particular persons and whether such persons have been advised of the necessity to control the described insects.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 17-1981, f. 7-24-81, ef. 8-7-81

603-052-0192

Control Procedures

(1) The order of the Department referred to in OAR 603-052-0191 may direct that infested host plants or host trees be completely uprooted; cut off near the ground level and the stump immediately treated with an effective herbicide; or killed in place so as not to harbor insect pests. Additionally, the Department may direct that any subsequent sprouts or regrowth of such trees also be killed.

(2) If it is determined that the order described in OAR 603-052-0191 has not been complied within five days after its issuance, the failure to so comply shall be deemed to be a violation of ORS 570.410 and subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 17-1981, f. 7-24-81, ef. 8-7-81

603-052-0201

Definition

As used in OAR 603-052-0206 to 603-052-0209 unless the context requires otherwise:

(1) "Disease Organism" means Venturia inaequalis causal organism of Apple Scab.

(2) "Insect" means Codling Moth (Cydia pomonella), Peach Twig Borer (Anarsia lineatella), San Jose Scale (Aspidiotus perniciosus), Western Peach Tree Borer (Synathedon existiosa), Oblique Banded Leafroller (Choristoneura rosaceana) and Apple Maggot (Rhagoletis pomonella).

(3) "Host Plants" or "Host Trees" means the plant or tree herein identified for the particular disease organism or insect herein defined:

(a) Apple Scab:

(A) Mountain Ash -- Sorbus spp.;

(B) Firethorn -- Pyracantha spp.;

(C) Hawthorne -- Crataegus spp.;

(D) Apple, crab apple -- Malus spp.

(b) Codling Moth (Cydia pomonella): Apples, pears, crab apple, apricots, cherries, peaches, plums, prunes, and similar fruit;

(c) Peach Twig Borer (Anarsia lineatella): Peach, apricot, apple, cherry, prune, plum;

(d) San Jose Scale (Aspidiotus perniciosus): Apple, crab apples, pear, peach, plum, prune, cherry, quince, apricot, willow;

(e) Western Peach Tree Borer (Synathedon existiosa): Peach, apricot and prune, plums, cherries and (any trees on peach root stock);

(f) Oblique Banded Leafroller (Choristoneura rosaceana): Peaches, prunes, and cherries;

(g) Apple Maggot (Rhagoletis pomonella): Apple, crab apple, pear, hawthorne, and may include other rosaceous hosts of Apple Maggot.

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 1031(22-74), f. 6-20-74, ef. 7-11-74; AD 15-1981, f. 7-24-81, ef. 8-7-81; DOA 3-2009, f. & cert. ef. 2-13-09

603-052-0206

Boundaries of Control Area

As authorized by ORS 570.405 to 570.435, a control area is created for the control of insects and disease organisms including Apple Scab, San Jose Scale, Peach Twig Borer, Codling Moth, Oblique Banded Leafroller, and Apple Maggot within Umatilla County, Oregon, and said area being more particularly described as follows: Beginning at the point of intersection of the North and South Center Line of section 18, Township 6 North, Range 35, E.W.M. and the boundary between the States of Oregon and Washington; thence Southerly along the North and South center lines of sections 18, 19, 30, and 31 in Township 6 North, Range 35, E.W.M. to the quarter corner common to section 31, Township 6 North, Range 35, E.W.M. and section 6 Township 5 North, Range 35, E.W.M. thence Easterly along the line common to sections 31 and 32, Township 6 North, Range 35, E.W.M. and 6 and 5 Township 5 North, Range 35, E.W.M. to the corner common to sections 32 and 33 in Township 6 North, Range 35, E.W.M. and sections 4 and 5 in Township 5 North, Range 35, E.W.M.; thence Southerly along the line between sections 4 and 5 in Township 5 North, Range 35, E.W.M. to the quarter corner between said sections 4 and 5; thence Easterly along the East and West center line of sections 3 and 4 in Township 5 North, Range 35, E.W.M. to the quarter corner between sections 2 and 3, Township 5 North, Range 35, E.W.M.; thence Southerly along the line between said sections 2 and 3 to the South 1/16 corner between sections 2 and 3, Township 5 North, Range 35, E.W.M.; thence Easterly along the South 1/16 line in said section 2 to the 1/16 corner in the South half of section 2, Township 5 North, Range 35, E.W.M.; thence Southerly to the quarter corner between sections 2 and 11, Township 5 North, Range 35, E.W.M.; thence Easterly between said sections 2 and 11 to the Easterly 1/16 corner between sections 2 and 11 in Township 5 North, Range 35, E.W.M.; thence Southeasterly to the North 1/16 corner between sections 11 and 12 in Township 5 North, Range 35, E.W. M.; thence Southeasterly to the quarter corner between sections 12 and 13 in Township 5 North, Range 35, E.W.M.; thence Easterly along the line between said sections 12 and 13 to the Easterly 1/16 corner of said sections 12 and 13; thence Southeasterly to the 1/4 corner between section 13, Township 5 North, Range 35, E.W.M. and section 18 in Township 5 North, Range 36, E.W.M.; thence South along the line between sections 13, Township 5 North, Range 35, E.W.M. and section 18, Township 5 North, Range 36, E.W.M. to the corner common to sections 13 and 24, Township 5 North, Range 35, E.W.M. and sections 18 and 19, Township 5 North, Range 36, E.W.M.; thence Easterly along the line between the said sections 18 and 19 to the Easterly 1/16 corner between said sections 18 and 19, Township 5 North, Range 36, E.W.M.; thence South along the North and South centerline of the Northeast Quarter of said section 19 to the center of said Northeast Quarter of said section 19; thence East along the East and West centerline of said Northeast Quarter of section 19, Township 5 North, Range 36, E.W.M. extended East, along the East and West centerline of the North Half of Said section 20 to the North 1/16 corner in the interior of said section 20; thence South along the North and South center line of said section 20 to the center of said section 20; thence East along the East and West center line of said section 20 and the East and West Center line of section 21 in Township 5 North, Range 36, E.W.M. to the quarter corner between sections 21 and 22 in Township 5 North, Range 36, E.W.M.; thence South along the line between said sections 21 and 22 to the South 1/16 corner between the said sections; thence East along the South 1/16 line in said section 22 to the North and South center line of section 22, Township 5 North, Range 36, E.W.M.; thence South along the said North and South center line of said section 22 to the quarter corner between sections 22 and 27, in Township 5 North, Range 36, E.W.M.; thence East along the line between said sections 22 and 27 to the corner common to sections 22, 23, 26, and 27 in Township 5 North, Range 36, E.W.M.; thence Southeasterly in a straight line across sections 26, 25, and 36, Township 5 North, Range 36, E.W.M. and section 31, Township 5 North, Range 37, E.W.M. to the Southeast corner of said section 31; thence continue Southeasterly in section 5, Township 4 North, Range 37, E.W.M. to the South 1/16 corner between sections 4 and 5 in Township 4 North, Range 37, E.W.M.; thence Southeasterly in said section 4 to the South Quarter corner of said section 4; thence North on the North and South center line of said section 4 to the South 1/16 corner on the North and South center line of section 4, Township 4 North, Range 37, E.W.M.; thence Northwesterly to the West Quarter corner of section 4, Township 4 North, Range 37, E.W.M.; thence Northwesterly to the North Quarter corner of section 5, Township 4 North, Range 37, E.W.M.; thence Northwesterly to the corner common to sections 30 and 31 in Township 5 North, Range 37, E.W.M. and sections 25 and 36 in Township 5 North, Range 36, E.W.M.; thence Northwesterly through sections 25 and 26, Township 5 North, Range 36, E.W.M. to the West 1/16 corner between said sections 23 and 26; thence Northwesterly to the center of section 22, Township 5 North, Range 36, E.W.M.; thence East along the East and West center line of the East Half of the said section 22 and of said section 23 to the Quarter corner between said section 23 and section 24 in Township 5 North, Range 36, E.W.M.; thence Southeasterly through said section 24 to the South 1/16 corner on the East line of section 24, Township 5 North, Range 36, E.W.M.; thence Southeasterly through sections 19 and 30 in Township 5 North, Range 37, E.W.M. to the North 1/16 corner between section 29, Township 5 North, Range 37, E.W.M. and said section 30; thence Southeasterly through said section 29 to the quarter corner between sections 28 and 29 in Township 5 North, Range 37, E.W.M.; thence East along the East and West center line of said section 28 to the center of section 28, in Township 5 North, Range 37, E.W.M.; thence North along the North and South Center line of said section 28 to the North quarter corner of section 28 in Township 5 North, Range 37, E.W.M.; thence West along the North line of said sections 28, 29, and 30 to the East 1/16 corner between said sections 19 and 30; thence Northwesterly through section 19, Township 5 North, Range 37, E.W.M. to the quarter corner between section 19, Township 5 North, Range 37, E.W.M. and section 24, Township 5 North, Range 36, E.W.M.; thence Northwesterly through section 24, Township 5 North, Range 36, E.W.M. to the North 1/16 corner between sections 23 and 24 in Township 5 North, Range 36, E.W.M.; thence West through sections 22 and 23 in Township 5 North, Range 36, E.W.M. along the North 1/16 line to the North 1/16 corner between sections 21 and 22 in Township 5 North, Range 36, E.W.M.; thence North along the line between said sections 21 and 22 to the corner common to sections 15, 16, 21, and 22 in Township 5 North, Range 36, E.W.M.; thence West along the line between Sections16 and 21 in Township 5 North, Range 36, E.W.M. to the East 1/16 corner between sections 17 and 20, Township 5 North, Range 36, E.W.M.; thence Northwesterly through said section 17 to the South 1/16 corner between sections 17 and 18 in Township 5 North, Range 36 E.W.M.; thence Northwesterly through said section 18 to the West 1/16 corner between sections 7 and 18, Township 5 North, Range 36, E.W.M.; thence Northwesterly in section 7 Township 5 North, Range 36, E.W.M. to the West 1/4 corner of section 7, Township 5 North, Range 36, E.W.M. on the range line between Ranges 35 and 36; thence North along said range line to the Northerly right-of-way line of the O.W.R. & N. Co.; thence Northeasterly along said Northerly right-of-way line of the O.W.R. & N. Co. to the intersection with the East and West center line of the North Half of section 31 in Township 6 North, Range 36, E.W.M.; thence West along said East and West center line to the center of the Northwest Quarter of said section 31 in said Township; thence North along the North and South center line of the West Half of sections 31, 30, 19, and 18 of Township 6 North, Range 36, E.W.M. to the boundary between the States of Oregon and Washington; thence West along said boundary between the States of Oregon and Washington to the point of beginning. All being in Umatilla County and State of Oregon.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 1031(22-74), f. 6-20-74, ef. 7-11-74; AD 15-1981, f. 7-24-81, ef. 8-7-81

603-052-0207

Intent and Purpose

It is the intent and purpose of OAR 603-052-0201 to 603-052-0209, in addition to the general intent and purpose to control and eradicate plant pest and diseases, to prevent the build-up and spread of injurious plant and tree insects and pests from tree to tree and orchard to orchard and particularly from areas not properly treated or from areas untreated or abandoned to commercial or semi-commercial trees or orchards.

Stat. Auth.: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 1031(22-74), f. 6-20-74, ef. 7-11-74

603-052-0208

Control by Spraying

(1) All host plants and host trees, including but not limited to, those in commercial orchards and those on residential, public, and abandoned property, within the control areas shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals or pesticides formulation, at the rate, at the times, and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise).

(2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area, the Department or its contractors may annually inspect any of the areas described in section (1) of this rule.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 1031(22-74), f. 6-20-74, ef. 7-11-74; AD 15-1981, f. 7-24-81, ef. 8-7-81

603-052-0209

Inspection and Control Procedures

(1) In order to determine whether the provisions of OAR 603-052-0208 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may, by a written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of section (2) of this rule.

(2) The only approved methods for removal and destruction of host trees or host plants are as follows:

(a) Digging out of the trees or plants and their complete root structures; or

(b) Cutting down the trees or plants and thereafter treating the remaining stumps and root systems thereof with an effective chemical to prevent their regrowth or resprouting.

(3) If within five days after the issuance of the order described in section (1) of this rule it is determined that said order has not been complied with, such failure to comply shall be deemed to be a violation of ORS 570.410 and so subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

Stat. Auth.: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 1031(22-74), f. 6-20-74, ef. 7-11-74

603-052-0260

Hood River Control Area: Insect Pests and Diseases in Fruit Trees

A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of insects, pests and diseases related to, but not limited to, Apple scab, Pseudomonas blight, Coryneum blight, Fire blight, Codling Moth, Pear psylla, San Jose scale, Peach leaf curl, Twig borer, Shot hole borer, Apple Maggot and Oriental fruit moth within the boundaries of Hood River County, Oregon.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 818(6-66), f. 4-12-66, ef. 4-27-66; AD 874(5-68), f. 4-1-68, ef. 4-15-68; AD 14-1981, f. 7-24-81, ef. 8-7-81

603-052-0265

Definitions

As used in OAR 603-052-0260 to 603-052-0280, unless the context requires otherwise:

(1) “Disease Organisms” means the diseases Pseudomonas blight (Pseudomonas syringae), Coryneum blight (Coryneum carpophilum), Peach leaf curl (Taphrina deformans), Fire blight (Erwinia amylovora), and Apple scab (Venturia inaequalis).

(2) “Host Plant” or “Host Tree” means Pear (Pyrus spp.), Quince (Cydonia spp.). Apple (Malus spp.), Peach (Prunus spp.), and Apricot (Prunus spp.), Hawthorn (Crataegus spp.), and may include other rosaceous hosts of Apple Maggot as deemed necessary by the Oregon Department of Agriculture.

(3) “Insect” means Codling Moth (Cydia pomonella), Oriental Fruit Moth (Grapholitha molesta), Pear Psylla (Psylla pyricola), San Jose Scale (Aspidiotus perniciosus), Shot Hole Borer (Scolytus rugulosus), Apple Maggot (Rhagoletis pomonella) and Peach Twig Borer (Anarsia lineatella).

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 –561.600, 570.305, 570.405 & 570.410 –570.415
Hist.: AD 818(6-66), f. 4-12-66, ef. 4-27-66; AD 874(5-68), f. 4-1-68, ef. 4-15-68; AD 1106(27-76), f. & ef. 9-15-76; AD 14-1981, f. 7-24-81, ef. 8-7-81; DOA 16-2008, f. & cert. ef. 7-11-08; DOA 3-2009, f. & cert. ef. 2-13-09

603-052-0270

Intent and Purpose

It is the intent and purpose of OAR 603-052-0260 to 603-052-0290 of this order, in part and not limited to, to prevent the build-up and the spread of injurious plant and tree pests from tree to tree and orchard to orchard; particularly from areas not properly treated, or from areas untreated or abandoned, to commercial or semi-commercial trees.

Stat. Auth.: ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 818(6-66), f. 4-12-66, ef. 4-27-66; AD 874(5-68), f. 4-1-68, ef. 4-15-68

603-052-0275

Control by Spraying

(1) All host plants and host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals or pesticide formulations, at the rate, at the times, and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise).

(2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area the Department or its contractor may annually inspect any of the areas described in section (1) of this rule.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 818(6-66), f. 4-12-66, ef. 4-27-66; AD 874(5-68), f. 4-1-68, ef. 4-15-68; AD 1106(27-76), f. & ef. 9-15-76; AD 14-1981, f. 7-24-81, ef. 8-7-81

603-052-0280

Inspection and Control Procedures

(1) In order to determine whether the provisions of OAR 603-052-0275 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such section, the Department may, by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of section (2) of this rule.

(2) The only approved method for removal and destruction of host plants or host trees is as follows:

(a) Digging out of the trees or plants and their complete root structures; or

(b) Cutting down the trees or plants and thereafter treating the remaining stump and root systems thereof with an effective chemical to prevent their regrowth or resprouting.

(3) If within five days after the issuance of the order described in section (1) of this rule it is determined that said order has not been complied with, such failure to comply shall be deemed to be a violation of ORS 570.410 and so subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 818(6-66), f. 4-12-66, ef. 4-27-66; AD 874(5-68), f. 4-1-68, ef. 4-15-68; AD 1106(27-76), f. & ef. 9-15-76

603-052-0328

Klamath County Mint Disease Control Area Order

(1) As authorized by ORS 570.405 to 570.415, a control area is established for the protection of the mint industry in Klamath County, Oregon, against the introduction and spread of Verticillium wilt disease caused by pathogens Verticillium spp. Such area includes all of Klamath County, Oregon.

(2) The following methods are to be used in the control area described in section (1) of this rule, to prevent the introduction of and control the spread of Verticillium wilt disease in the control area:

(a) Mint propagation material imported into the control area for production of new mint fields shall be limited to greenhouse-grown, nuclear generation rooted tip cuttings certified by the Oregon State University Seed Certification Program; certified by similar official certification programs in Colorado, Idaho, Montana, or Washington; or other Department-approved official certification programs of a comparable level;

(b) All mint root stocks planted within the control area must be certified in accordance with the requirements of subsection (a) of this section, be certified by the Oregon State University Seed Certification Program in Klamath County as Field Class IV or better root stocks, or have been inspected by the Department in accordance with subsection (f) of this section;

(c) All farm equipment used in the commercial production of mint must be cleaned free of soil and plant debris using methods approved by Oregon State University or the Department prior to entering the control area;

(d) Mint growers shall provide the Department with complete maps showing the location of all mint fields, and whether they were planted with certified or noncertified root stocks. The source of certification or inspection shall be shown for each field planted;

(e) Mint growers shall retain documentation of the sources of mint root stocks for any new plantings. New plantings shall be mapped and the maps submitted to the Department on or before June 15 of each year that this control area Order is in effect; and

(f) The Department shall inspect mint fields not eligible for Oregon State University certification for the presence of Verticillium wilt symptoms upon a request of the grower. Such requests shall be mailed to the Department on or before June 15. Phytosanitary certificates shall be issued only for those fields found free of Verticillium wilt symptoms and inspected after June 15 and prior to harvest of the mint for oil production. The Department shall assess the established site charges for time and mileage for any suc h inspections.

(3) Violation: Any violation of this Order shall be deemed to be in violation of ORS 570.410 and subject the violator to the penalty provisions of ORS 570.990. Additionally, any mint stock found to be in violation of this Order shall be destroyed or disposed of in a manner prescribed by the Department.

(4) Review: This control area order will be reviewed beginning in the first quarter of 1999 by the Department, Oregon State University, mint growers, mint oil companies and other interested parties.

Stat. Auth.: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: DOA 3-1998, f. & cert. ef. 3-27-98

603-052-0334

Union County Mint Disease Control Area and Procedures

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the mint industry in Union County, Oregon, against the introduction and spread of Verticillium wilt disease caused by pathogens Verticillium spp. Such area includes all of Union County, Oregon.

(2) The following methods are to be used in the control area described in section (1) of this rule, for the control and prevention of the introduction of Verticillium wilt disease in the area:

(a) Mint root stocks imported into the control area for production of new mint fields shall be limited to Oregon State University Certified II or better root stocks; rootstock certified by similar certification programs in Idaho, Montana, or Washington; or other Department-approved certification programs of a comparable level;

(b) All mint root stocks planted within the control area must be certified in accordance with the requirements of subsection (a) of this section or have been certified by the Department in accordance with subsection (f) of this section;

(c) All farm equipment used in the commercial production of mint must be cleaned free of soil and plant debris using methods approved by Oregon State University or the Department prior to entering the control area;

(d) Mint growers shall provide the Department with complete maps showing the location of all mint fields, and whether they were planted with certified or noncertified root stocks. The source of certification shall be shown for each field planted with certified rootstock;

(e) Mint growers shall retain documentation of the sources of mint root stocks for any new plantings. New plantings shall be mapped and the maps submitted to the Department on or before June 15 of each year that this control area Order is in effect; and

(f) The Department shall inspect mint fields not eligible for Oregon State University certification for the presence of Verticillium wilt symptoms upon a request of the grower. Such requests shall be mailed to the Department on or before June 15. Phytosanitary certificates shall be issued only for those fields found free of Verticillium wilt symptoms and inspected after June 15 and prior to harvest of the mint for oil production. The Department shall assess the established state charges for time and mileage for any such inspections.

(3) Any violation of this Order shall be deemed to be a violation of ORS 570.410 and subject the violator to the penalty provisions of ORS 570.990. Additionally, any mint stock found to be in violation of this Order shall be destroyed or disposed of in a manner prescribed by the Department.

Stat. Auth.: ORS 561.510 - ORS 561.590 & ORS 570.405
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 3-1991, f. & cert. ef. 3-25-91

603-052-0347

Control Area and Procedures in Malheur County

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) The destruction of any infected onions;

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

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

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

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

(7) The Department, upon receipt of an application in writing, may issue a Director’s Exemption allowing movement into or within this control area of regulated commodities not otherwise eligible for movement under the provisions of this control area order. Movement of such commodities will be subject to any conditions or restrictions stipulated in the Director’s Exemption, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of S. cepivorum.

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

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 2-1977, f. 2-9-77, ef. 3-1-77; DOA 4-2008, f. & cert. ef. 1-11-08; DOA 12-2009, f. & cert. ef. 8-21-09

603-052-0350

Control Area -- Yellow Dwarf -- Marion County

(1) A control area is established within the boundaries described in section (2) of this rule, all in Marion County, for the protection of the onion industry against the introduction into or the spread within that area of Yellow Dwarf disease of onions.

(2) The area is described beginning at a point on U.S. Highway 99E at the junction of said highway with Blossom Drive or otherwise known as County Road 619; thence west and north on County Road 619 to its junction with County Road 616; thence west and north on County Road 616 to its junction with Market Road 24; thence northwest on Market Road 24 to its intersection with Market Road 36; thence northeast on Market Road 36 to its junction with County Road 615; thence east on County Road 615 to its junction with U.S. Highway 99E; thence northeast on U.S. Highway to a point on U.S. Highway 99E designated as "X" or as otherwise designated as follows: Beginning at an iron pipe marking the initial point of County Road 620, said iron pipe being 5.8225 chains south from the northwest corner of the W. P. Harpole D.L.C. No. 60 in T6S R2W of the W.M., Marion County, Oregon, thence southwest along the east line of the U.S. Highway 99E 19.973 chains which is point "X." Starting at point "X" thence east 47.28 chains along the south line of a field deeded to J.W. Fitts and Gladys B. Fitts (registered on page 45 of Volume 438 on March 21, 1952 of said county records) to an iron pipe; thence north along the east line of said field 18.064 chains to County Road 620; thence north in a straight line to a pavement known as Market Road 6; thence east on Market Road 6 to its junction with County Road 624; thence south on County Road 624 for approximately 24.52 chains to the centerline of a meandering stream; thence northeasterly along the center line of the meandering stream to its junction with the east boundary of section 10; thence north along the east boundary of section 10 for approximately 20.12 chains to its junction with Market Road 6; thence east on Market Road 6 to its junction with Market Road 51; thence southeasterly on Market Road 51 to a point where Market Road 51 turns southwesterly; thence southwesterly and south on Market Road 51 to its junction with County Road 634; thence westerly on County Road 634 to its junction with County Road 631; thence south on County Road 634 to its southeast corner; thence on an imaginary line in a southwesterly direction to the eastern angle corner of County Road 629; thence south on County Road 629 to its junction with Market Road 52; thence west on Market Road 52 to its junction with County Road 628; thence south on County Road 628 to its junction with County Road 725; thence westerly on County Road 725 to its junction with U.S. Highway 99E; thence southwesterly to the junction of said highway with County Road 619, the point of beginning.

(3) The following methods of eradication and control are declared to be the proper methods to be used in the control area described in section (2) of this rule, for the eradication and prevention of the introduction into that area of yellow dwarf disease of onions:

(a) No person shall use green onion plants, onion sets, or onion bulbs for planting for the production of onions within the control area;

(b) All cull or waste onions shall be removed from the control area prior to April 1 of each year; provided, however, that in the case of onions sorted after such date, the cull and waste onions shall be removed within 24 hours after sorting;

(c) No cull or waste onions shall be dumped or maintained within the control area after April 1 of each year; provided, however, in the case of onions sorted after such date, cull or waste onions shall not be dumped or maintained within the control area for longer than 24 hours after sorting;

(d) All onions in which, upon inspection, Aphid are found shall be removed from the control area within 48 hours of the written notice by the Department to the owner or person in charge of such onions of such infestation. The owner or person in charge of any building in which onions infested with Aphid are found, shall completely clean such building and adjoining buildings and premises of all onion bulbs following the removal of the infested onions;

(e) The owner or person in charge of any field shall remove all onions, including volunteer onions, remaining from the harvest of the preceding year in such field prior to April 1 of each year, or as the volunteer onions appear, after such date.

Stat. Auth.: ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 575, f. 5-2-58, ef. 5-5-58

603-052-0355

Control Area -- Yellow Dwarf -- Yamhill and Washington Counties

(1) A control area is established within the boundaries described in section (2) of this rule, all in Yamhill and Washington Counties, for the protection of the onion industry against the introduction into or the spread within that area of yellow dwarf disease of onions.

(2) The area is described beginning at N.W. corner of section 2, Yamhill County, extending south between sections 2 and 3, approximately 27.75 chains to north line of Bridge farmer donation land claim at the N.W. corner of L.O. Griebler (or Taylor) 63 acre farm; thence southwesterly following the westerly line of said tract approximately 41 chains; thence south 75 degrees 21 minutes east 19.11 chains; thence south 70 degrees 50 minutes east 6.49 chains; thence south 23 degrees 27 minutes west 12.90 chains to center of County Road 269, 31.75 chains to the most southerly corner of the David Bridge farmer claim; thence easterly about 40 rods to the N.E. corner of the S.E. 1/4 of the N.W. 1/4 of section 11, Township 2 S., Range 4 W; thence south approximately 22 chains to center of County Road 268; thence easterly along center of said County Road approximately 12-1/2 chains to the westerly line of the Rose Crunican 100 acre tract; thence southerly along the westerly line of said Crunican tract approximately 19 chains to the S.W. Corner of said Crunican tract; thence east approximately 11.50 chains to the N.W. corner of the Frank Phillips tract; thence south along the west line of the Frank Phillips tract 20 chains to the south line of section 11; thence east along county road 267 approximately 14 chains to the S.E. corner of section 11; thence south along a line between sections 13 and 14, approximately 35 chains to the center of the State Highway; thence southwesterly along the line of the State Highway to a line between the Kate A. Branda (or G. and M. Anderson) Farm and the C.W. McConahey (or James H. and Florence M. Jones) farm; thence east along said line about 18 chains to the center of the old County Road 273; thence northeasterly along County Road 273 approximately 3/4 mile to the intersection with Market Road No. 4; thence southeasterly following center of Market Road No. 4 about 1 mile; thence easterly still following Market Road No. 4 about 1/2 mile to intersection of County Road 116; thence north-westerly along County Road 116 about 3/4 mile to north line of section 18 being terminus of County Road 116 in Yamhill County; thence continuing northerly in sections 7 and 6, Township 2S., Range 3 W., W.M. in the center of Washington County Road No. A-28 and A-83 to the intersection of County Road A-83 with east line of section 36, Township 1 S., Range 4 W., W.M.; thence north in the center of the County Road along the east line of said section 36 to the southerly terminus of County Road 269; thence northerly in the center of County Road 269 to the N.E. corner of said section 36; thence west along the north line of said section 36 approximately 3/4 mile to its intersection with the center of the Tualatin River; thence upstream in the center of said river to the west line of section 35, Township 1 S., Range 4 W., W.M.; thence south to the N.W. corner of section 2, Township 2 S., Range 4 W., W.M., and the place of beginning.

(3) The following methods of eradication and control are declared to be the proper methods to be used in the Control Area described in section (2) of this rule, to provide for the eradication from and prevention of the introduction into that area of yellow dwarf disease of onions:

(a) No onions may be produced within the Control Area except by the planting of seed. The production of onions by the use of green plants, onion sets, or bulbs is prohibited;

(b) All onion culls and waste onions shall be destroyed in a manner or by a method that will completely prevent growth, prior to March 1, or immediately after sorting in the case of any onions sorted after that date;

(c) All onions in common storage in which Aphid are found shall be removed from the Control Area prior to April 1, and such infested storage houses and adjoining premises shall be completely cleaned of all onion bulbs following such removal. All onions in such storage in which aphis are not found prior to April 1 shall be subject to reinspection, and if Aphid are found present shall be immediately removed from the district and the houses and premises shall be thoroughly cleaned;

(d) All onions remaining in fields within the Control Area after harvest shall be destroyed prior to November 1, of the current year, and in the event any remain in the field after this cleanup, they shall be removed and destroyed prior to March 1 of the following year;

(e) All onion bulbs remaining in seed producing areas within the Control Area shall be removed and destroyed prior to November 1.

(4) Any person, firm, or corporation that violates either in whole or in part, any of the provisions of this section, upon conviction shall be subject to the penalties provided in ORS 570.990.

Stat. Auth.: ORS 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 204, f. 3-16-45, ef. 4-1-45: DOA 1-2006, f. & cert. ef. 1-13-06

603-052-0360

Control Area: Onion Maggot -- Malheur County

(1) A control area is established within the boundaries of Malheur County for the protection of the onion industry by the eradication or control of the insect pest known as the onion maggot. This control area order is based on IPM principles first recognized and used by Malheur County growers in 1957.

(2) The following methods of eradication and control are declared to be the proper methods used in this control area order:

(a) All cull or waste onions in Malheur County shall be disposed of by a method approved by this control order prior to March 15 each year; for onions sorted after that date until July 1, the resulting cull and waste onions shall be disposed of within one week after such sorting;

(b) Disposal of cull or waste onions shall be accomplished only as set forth below:

(A) Disposal by covering in a dump site approved by the Oregon Department of Environmental Quality (DEQ). Culls and onion debris shall be dumped and covered by at least 12 inches of onion-free soil by March 15 each year;

(B) Disposal by animal feeding. Culls and onion debris shall be completely removed from feeding areas by March 15 and buried under 12 inches of onion-free soil. Onions tramped into the soil so they cannot be removed shall be plowed to a depth of 12 inches;

(C) Disposal by chopping or shredding. Chopped or shredded onion debris that is incapable of sprouting may be returned to the field at a tonnage rate no higher than the DEQ-approved rate of 80 tons per acre and plowed to a depth where no onion parts are exposed on the surface;

(D) Composting. All onion debris shall be incorporated into the compost bed and completely covered by 12 inches of onion-free soil;

(E) Disposal of residue in onion producing fields. Commercial onion fields where sort out bulbs are left at harvest shall be disked to destroy the bulbs and shall be plowed to a depth of at least 12 inches by March 15 each year. Seed bulbs shall be disposed of in the same manner following the last harvest. The owner of the field is ultimately responsible for compliance with this rule;

(F) If inclement weather prevents plowing, the culls will be treated with an EPA-labeled insecticide currently listed in the PNW Insect Control Handbook at prescribed intervals until proper disposal occurs.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 590, f. 9-10-58, ef. 9-28-58; AD 784(8-64), f. 4-29-64, ef. 5-15-64; AD 4-1995, f. & cert. ef. 4-5-95; DOA 3-1999, f. & cert. ef. 1-29-99; 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

603-052-0385

Malheur County Bean Disease Control Area and Procedures

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the bean seed industry in the following described area through the eradication or control of seedborne bacterial diseases, specifically: Halo Blight caused by Pseudomonas syringae pv. phaseolicola; Common Bean Blight caused by Xanthomonas campestris pv. phaseoli and Xanthomonas campestris pv. phaseoli var. fuscans; Bacterial Brown Spot caused by Pseudomonas syringae pv. syringae (only strains virulently pathogenic to Phaseolus sp.); Bacterial Wilt caused by Curtobacterium flaccumfaciens pv. flaccumfaciens; Anthracnose caused by Colletotrichum lindemuthianum or any variations or new strains of these diseases, which are recognized as virulently pathogenic and seedborne, and/or a potential threat to seed production, all of which are hereafter referred to as diseases of beans; such control area includes all of Malheur County, Oregon.

(2) The following methods of control are declared to be the proper methods to be used in the control area described in section (1) of this rule, for the control and prevention of the introduction of diseases of beans. All bean seed, Phaseolus species, from whatever source, used for planting purposes within Malheur County are subject to the following:

(a) Bean seed grown in Malheur County for planting in Malheur County:

(A) Shall be certified in accordance with the procedures and provisions of section (3) of this rule;

(B) Shall have a Malheur County planting certificate number assigned by the Department;

(C) Shall have been Departmentally inspected or bear approved tags; and

(D) Shall have been grown and inspected for two consecutive preceding generations in Malheur County under rill irrigation prior to growing under sprinkler irrigation.

(b) Imported bean seed grown west of the Continental Divide in the contiguous states:

(A) May not be grown under sprinkler irrigation in Malheur County;

(B) Must have an approved phytosanitary certificate from the state of origin affirming freedom from the diseases listed in section (1) of this rule, based on growing season and windrow inspection, this seed may be planted in Malheur County only with the prior approval of the Department and provided that each field planted within Malheur county is submitted for Departmental inspections; and

(C) Shall successfully pass laboratory and/or greenhouse tests conducted by the Department from officially drawn samples; except

(D) Idaho grown bean seed shall be exempt from the requirements of this paragraph provided that:

(i) It has been certified for in-state planting by the Idaho Department of Agriculture;

(ii) It bears Idaho Department of Agriculture inspected or approved tags;

(iii) It is certified by the Idaho Department of Agriculture to have been grown and inspected for two consecutive preceding generations in Idaho under rill irrigation prior to planting for growing under sprinkler irrigation in Malheur County;

(iv) It has been grown in Idaho, has been inspected by the Idaho Crop Improvement Association, and been approved for planting in Idaho; and

(v) Imported bean seed grown east of the Continental Divide in the contiguous states or in foreign countries or otherwise ineligible for planting in Malheur County may be planted in Malheur County only on Departmentally approved Trial Grounds, and are subject to the provisions of section (6) of this rule.

(3) All bean fields in Malheur County shall be subject to entry and inspection by the Department. Growing season inspections of all bean fields shall be done as many times as deemed necessary by the Department, in accordance with the following:

(a) Bean fields grown for seed to be certified for planting in Malheur County shall be inspected by the Department during the growing season and in the windrow, including:

(A) Such bean fields grown under rill irrigation shall be inspected a minimum of one time during the growing season before plants mature seed, and again in the windrow;

(B) Such bean fields grown under sprinkler irrigation shall be inspected a minimum of two times during the growing season before plants mature seed, and once in the windrow; and

(C) The tolerance for the diseases (identified in section (1) of this rule) in any field or part thereof for seed to be certified for planting in Malheur County shall be zero.

(b) Bean crops requiring field inspections to qualify for phytosanitary certifications shall be subject to the same inspection requirements and tolerances as set forth in subsection (a) of this section;

(c) Oregon State University certification inspections may replace the Departmental inspections for certification of seed for planting in Malheur County, if appropriate growing season and windrow inspection requirements as set forth in subsection (a) of this section are met;

(d) Every grower, seed company, or handler of bean seed for planting crops to be grown in Malheur County shall submit his written request to the Department to make the inspections required under this Bean Disease Control Area Order, on or before July 1 of each year. Such written request shall include acreage, general location of field, method of irrigation, name and address and telephone number of applicant.

(4) Eradication methods used shall only be those approved by the Department, including:

(a) Any bean seed found or known to be contaminated with disease which is now within the boundaries of Malheur County shall not be planted in Malheur County;

(b) Any bean fields within the boundaries of Malheur County which show contamination of disease shall be destroyed in part or in total as may be required to eliminate the presence of disease in the field, by and at the expense of the grower, or landlord, or his authorized agents. The Department shall notify the grower, or landlord, or his authorized agents, of the method and extent of destruction and any safeguards to be taken against disease spread;

(c) The true identity of a regulated disease on growing plants or plants in the windrow will be based upon the observance of symptoms of a regulated disease and, when necessary to establish identity or pathogenicity, either laboratory or greenhouse tests to be conducted by the Department, including:

(A) The definitive verification of identity or pathogenicity shall include isolation of the suspected pathogen and inoculation of seedlings of a known susceptible host;

(B) Until verification of the suspected pathogen is completed the involved planting shall be placed under quarantine for a period of 30 days subject to review or extension as determined by the Department, and entry to the quarantined area shall be restricted to the grower, his agents, the Departmental officials, or persons authorized in writing by the Department, who shall be required to take all necessary sanitary precautions, as prescribed by the quarantine order, to safeguard against the possible spread of the suspected regulated disease; and

(C) The true identity of a regulated disease when found in or on seed shall be based on serological testing methods, the positive results of which shall be conclusive that the plants are subject to this control order, unless the owner of the seed requests verification of pathogenicity to be performed at his expense.

(d) When any regulated disease is verified by the Department, the grower or seed company shall be notified by the Department of such findings, and shall have 48 hours to view the involved planting or laboratory results prior to any action being taken by the Department.

(5) Exemption and special situations to these requirements are as follows:

(a) Any commercial or garden beans first found infected during windrow inspection, are exempt from destruction if the diseased portion of the field and an appropriate buffer area (not less than a 50-foot radius) surrounding the infected site are promptly destroyed;

(b) Beans for processing or fresh consumption are exempt from destruction if the diseased portion of the field is destroyed or harvested within five days after first detection or laboratory verification of the disease, and the crop residue is promptly and completely plowed under after harvest;

(6) Trial Grounds are defined as parcels of land approved by the Department to be set aside for research, testing, or increase of: bean seed grown on Trial Grounds in Malheur County during previous seasons; bean seed eligible for planting in Malheur County; or bean seed otherwise ineligible for planting within the Malheur County. Trial Grounds shall be utilized in accordance with the following:

(a) They shall be under the supervision of technically trained personnel approved by the Department;

(b) The land upon which they are situated shall be owned or leased by the grower and, if leased, a copy of the lease shall accompany the application for approval;

(c) Applications for approval shall be submitted to the Department prior to May 20 of any year and shall contain:

(A) The name of supervisor in charge;

(B) The location and size of the Trial Ground; and

(C) A detailed varietal planting plan (if the original planting plan is changed, the Department shall be notified).

(d) An applicant may have more than one Trial Ground approved, provided a separate application is submitted for each Trial Ground and provided it meets the requirements of this section;

(e) Any seed grown on Trial Grounds to be released to farmer growers for replanting within Malheur County or requiring phytosanitary certification shall meet the inspection requirements of section (3) of this rule;

(f) All information submitted with the approval applications shall be deemed to be confidential under ORS 192.500(1)(b) and (c);

(g) Experimental Plots are defined as subdivision areas within Trial Grounds used for the introduction of imported seed otherwise ineligible for planting in Malheur County. A maximum of one pound of bean seed per variety may be planted in an Experimental Plot with no restrictions, except as noted in this section;

(h) Observation Plots are defined as subdivision areas within Trial Grounds used for the introduction, testing, and observation of imported seed otherwise ineligible for planting in Malheur County. A maximum of ten pounds of bean seed per variety may be planted in an Observation Plot. Bean seed for Observation Plot planting shall pass laboratory or greenhouse tests conducted by the Department on official or submitted samples prior to planting;

(i) Increase Plots are defined as subdivision areas within Trial Grounds used for the introduction or increase of imported bean seed grown east of the Continental Divide or in foreign countries, imported bean seed from west of the Continental Divide not meeting the requirements of section (2) of this rule, any bean seed previously grown in Malheur County, or any bean seed eligible for planting in Malheur County. A maximum of five acres per variety in any given year may be planted in an Increase Plot. Imported seed shall have successfully passed laboratory or greenhouse testing conducted by the Department from official samples prior to planting. Only one Increase Plot may be maintained by a holder of more than one approved Trial Ground;

(j) Trial Grounds shall be subject to the following restrictions and inspection procedures:

(A) All machinery used in production of bean seed on Trial Grounds shall be disinfected to the satisfaction of the Department prior to the movement to other bean field;

(B) There shall be a minimum of four growing seasons and one windrow inspection, by the Department, for which the fees and charges will be $7.50 per acre (or fraction thereof) per inspection of seed from east of the Continental Divide or foreign countries; and $2 per acre (or fraction thereof) per inspection of seed from west of the Continental Divide; and

(C) If disease is found on Trial Ground, none of the seed produced on that Trial Ground may be certified but shall under go one additional year of Trial Ground growing to assure that contamination did not occur.

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 5-1978, f. 5-17-78, ef. 6-10-78; DOA 9-2005, f. & cert. ef. 2-15-05; DOA 1-2006, f. & cert. ef. 1-13-06

603-052-0390

Wallowa County Potato Disease Control Area and Procedures

(1) As authorized by ORS 570.405 to 470.435 a control area is established for the protection of the seed potato industry in Wallowa County against the introduction and spread of potato diseases, including viruses and pests. Such area includes all of Wallowa County, Oregon.

(2) The following methods are to be used in the control area described in section (1) of this rule for the control of potato diseases and pests within the control area and to prevent the introduction of such diseases and pests into Wallowa County:

(a) All potato seed imported into the control area shall have a Federal-State Shipping Point inspection and certification prior to entering the control areas;

(b) All potato seed planted in the control area for the purpose of producing commercial or seed quality potatoes shall be of a quality which meets the minimum requirements of the Oregon State University potato seed certification standards for Generation III, VT-SC Stock established via stem-cutting, and must be eligible for recertification in the growing area. Recertification quality shall be based on a winter test and must meet the Oregon State University potato seed certification standard for Generation III, VT-SC winter test tolerances;

(c) All potato seed sold in the control area for the purpose of home garden or noncommercial potato production shall be of a quality which meets the minimum requirements of the Oregon State University potato seed certification standards for Oregon Foundation Class;

(d) Copies of all certification tags and shipping point certificates shall be forwarded to the Department for final approval of potato seed stock intended for use in the production of commercial or seed quality potatoes within the control area; and

(e) All cull potatoes accumulated at the time potatoes are dug and moved into storage shall be destroyed within 30 days thereof, and all cull potatoes accumulated during shipment process shall also be destroyed within 30 days thereof.

(3) Exceptions to the requirements specified in subsection (2)(b) of this rule shall be permitted only when planting stock of the quality specified in said subsection is not available for certain potato varieties. Varieties or clones considered under this exception shall be converted to the requirements set forth in subsection (2)(b) of this rule as soon as seed stock is available. Potato seed intended for use in production of commercial or seed quality potatoes which do not meet the recertification requirements of subsection (2)(b) of this rule are subject to the following limitations:

(a) Written approval to plant such potato seed stock shall be secured from the Department prior to planting in the control area;

(b) Such potato seed stock shall be limited to no more than twenty cwt. for any one variety, and for each cwt. of such variety planted at least ten tubers must be virus-tested in accordance with standards established under the Oregon State University seed potato certification program, and such variety of potato seed stock shall be brought up to the Oregon State University potato seed certification standards for Generation III, VT Stock within three years;

(c) All such potato seed stock shall be planted in accordance with the following procedures:

(A) Tuber Unit: a tuber unit shall consist of two or more seed pieces produced from a single tuber. The seed pieces so produced from a single tuber shall be planted in successive hills in the seed row with two or more hills skipped between tuber units;

(B) Single Drops: uncut single tubers selected from the allowable twenty cwt. may be planted as single drops provided that the single drop planting area is clearly marked within the field.

(4) Persons subjected to subsection (2)(b) of this rule shall have three years within which to convert their seed stock programs so as to meet the requirements set forth in said subsection, and seed stock used for the 1983 planting season shall meet the requirements of subsection (2)(b) of this rule.

(5) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and subject the violator to the penalty provisions of ORS 570.990. Additionally, any potato seed found to be in violation of this rule shall be destroyed or disposed of in a manner prescribed by the Department.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 415
Hist.: AD 3-1980, f. 4-22-80, ef. 5-12-80

603-052-0395

Union County Potato Disease Control Area and Procedures

(1) As authorized by ORS 570.305 and 570.405, a control area is established for the protection of the seed potato industry in Union County against the introduction and spread of potato diseases, including viruses and pests. Such area includes all of Union County, Oregon north of the Craig Mountain Range: i.e. all of Union County north of a west to east line starting at the intersection of the Western border of Union County and the northern border of T4S R34E sec 34 and continuing due east to the eastern border of Union County at the northern border of T4S R43E sec 31.

(2) The following methods are to be used in the control area described in section (1) of this rule for the control of potato diseases and pests within the control area and to prevent the introduction of such diseases and pests into Union County:

(a) All potato seed imported into the control area shall have a Federal-State Shipping Point inspection and certification prior to entering the control area;

(b) All potatoes planted in the control area for the purpose of producing seed quality or commercial potatoes shall meet the minimum disease tolerances of OSU Potato Seed Certification Standards for generation 2 (field year 3) stock and must be eligible for re-certification in the growing area based upon a winter grow-out test. All production larger in scope than a home garden (potatoes not grown for re-sale in commercial markets are considered home garden or noncommercial potato production) must be entered into the OSU Seed Certification Program as a seed production field or into the Un-certified Field Inspection Program as a commercial production field;

(c) All potato seed sold in the control area for the purpose of home garden or noncommercial potato production shall be of a quality that meets the minimum requirements of the Oregon State University potato seed certification standards for Oregon G4 or earlier generations;

(d) All cull potatoes accumulated at the time potatoes are dug and moved into storage shall be destroyed within 30 days, and all cull potatoes accumulated during shipment process shall also be destroyed within 30 days;

(e) Diseases, such as potato late blight, or viruses vectored by aphids require preventative management. Therefore, appropriate control measures are required throughout the growing season to prevent late blight infection or buildup of insects that vector viruses. Specific ways to prevent these problems require using widely accepted methods such as found in the Pacific Northwest Disease/Insect Management Handbooks, or as recommended by local experts in disease/insect control.

(f) All farm equipment related to potato production (used to till and level farm ground or handle potatoes), must be steam cleaned or power washed to remove all soil and plant debris before entering the control area.

(3) Potatoes in transit through the control area shall be in containers or vehicles covered or sealed to prevent lost of tubers or soil.

(4) Destruction of volunteer potatoes. Each grower within the control area is responsible for destroying volunteer potatoes growing on summer fallow, set-aside, non-cultivated, and rotational crop areas of the grower's property. In the event that the grower fails to destroy such plants, the Director may order them destroyed at the expense of the grower. Volunteers in rotation crops should be controlled in the best way possible.

(5) Potatoes in home gardens may be subject to inspection by the Oregon Department of Agriculture should the need arise, and effective control measures shall be taken if necessary.

(6) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and subject the violator to the penalty provisions of ORS 570.990 and 570.995, including civil penalties of up to $10,000. Additionally, any potato seed found to be in violation of this rule shall be destroyed or disposed of in a manner prescribed by the Department. The grower shall pay the cost of destruction.

Stat. Auth.: ORS 561.190, 570.305 & 570.405
Stats. Implemented: ORS 571.057
Hist.: DOA 10-2008, f. & cert. ef. 2-28-08

603-052-0450

Quarantine; Cherry Bark Tortrix

(1) Establishing a Quarantine. A quarantine is established against the pest known as cherry bark tortrix, Enarmonia formosana (Scopoli).

(2) Areas Under Quarantine. The entire state of Washington, the province of British Columbia, and any other state, territory or province where the presence of an established population of cherry bark tortrix is confirmed and effective eradication procedures have not been implemented, as determined by the Director of the Oregon Department of Agriculture. In Oregon, Multnomah and Clackamas counties.

(3) Commodities Covered. The cherry bark tortrix, Enarmonia formosana (Scopoli); host plants of the cherry bark tortrix, including all species of the genera, Crataegus, Cydonia, Malus, Prunus, Pyracantha, Pyrus and Sorbus; and unseasoned firewood derived from trees of these host plant genera. Uninfested nursery stock plants of these genera that are less than two inches in diameter are exempted from the quarantine.

(4) Restrictions. Regulated commodities shall not be shipped or moved directly or indirectly from the regulated areas into the state of Oregon unless accompanied by a permit or certificate issued by a state or federal agriculture official from the regulated area and based upon the following conditions:

(a) The regulated plants have been grown in a screened greenhouse or screenhouse adequate to exclude the adults of cherry bark tortrix; or

(b) Such regulated plants have been treated in accordance with a fumigation schedule approved in writing by the Director of the Oregon Department of Agriculture; or

(c) Each dormant, defoliated, regulated host plant shall be inspected by an authorized agricultural official of the regulated state or province for the presence of cherry bark tortrix and found free of any evidence of infestation by that pest;

(d) Portions of states or provinces listed in the area under quarantine may have counties that are not infested with cherry bark tortrix. Shipments of covered commodities may be accepted from these noninfested counties if annual surveys are made in such counties and the results of such surveys are negative for cherry bark tortrix. A list of counties so approved will be maintained by the Oregon Department of Agriculture. Agricultural officials of a quarantined state or province may recommend a noninfested county be placed on the approved county list by writing for such approval and giving the following information: areas surveyed, how the survey was carried out, personnel involved and, if the county was previously infested, date of last infestation. If heavy 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 and covered commodities 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.

(5) Persons shipping regulated commodities into the state of Oregon must comply with Oregon's notification requirement for imported tree and shrub nursery stock, OAR 603-054-0027.

(6) The person to whom the regulated commodities are shipped shall hold the articles until they are inspected and released by a duly appointed inspector of the state of Oregon.

Stat. Auth.: ORS 561.190, 561.510 - 561.600 & 570.305
Stats. Implemented: ORS 561.190, 561.510 - 561.600 & 570.305
Hist: AD 6-1996, f. & cert. ef. 6-10-96; DOA 7-2005, f. & cert. ef. 2-15-05; DOA 2-2007, f. & cert. ef. 1-30-07

603-052-0800

Rust-Resistant Varieties of Barberry, Mahonia, and Mahoberberis Plants

In part ORS 570.196 (all persons should read this law) provides that no person shall grow, propagate, maintain, sell, or transport within the State of Oregon, or bring into this state, any barberry (Berberis spp.), and plants of the genera Mahonia and Mahoberberis including all species and varieties thereof, that have not been determined by the Department to be immune to or resistant to the black stem rust fungus, Puccinia graminis. The following designated varieties of barberry (Berberis spp.), Mahonia, and Mahoberberis plants are hereby determined to be immune to or resistant to the black stem rust fungus, Puccinia graminis:

(1) Berberis aridocalida:

B. beaniana

B. buxifolia

B. buxifolia nana

B. calliantha

B. candidula

B. cavallieri

B. chenaulti

B. circumserrata

B. concinna

B. coxii

B. darwini

B. dasystachya

B. dubia

B. formosana

B. franchetiana

B. gagnepaini

B. gilgiana

B. gladwynensis

B. heterophylla

B. horvathi

B. hybrido-gagnepaini

B. insignis

B. julianae

B. koreana

B. lempergiana

B. lepidifolia

B. linearifolia

B. linearifolia var. Orange King

B. lologensis

B. manipurana

B. media "Park Juweel"

B. mentorensis

B. pallens

B. potanini

B. Renton

B. replicata

B. sanguinea

B. sargentiana

B. sikkimensis

B. stenophylla

B. stenophylla diversifolia

B. stenophylla gracilis

B. stenophylla irwini

B. stenophylla nana compacta

B. taliensis

B. telamaica artisepala

B. thunbergi

B. thunbergi aurea

B. thunbergi "Kobold"

B. thunbergi argenteo marginata

B. thunbergi atropurpurea

B. thunbergi atropurpurea erecta

B. thunbergi atropurpurea "Golden Ring"

B. thunbergi atropurpurea nana

B. thunbergi atropurpurea "Redbird"

B. thunbergi atropurpurea "Rosy Glow"

B. thunbergi "Dwarf Jewel"

B. thunbergi erecta

B. thunbergi "Globe"

B. thunbergi "Golden"

B. thunbergi maximowiczi

B. thunbergi minor

B. thunbergi pluriflora

B. thunbergi "Thornless"

B. thunbergi "Upright Jewel"

B. thunbergi "Variegata"

B. thunbergi xanthocarpa

B. triacanthophora

B. triculosa

B. verruculosa

B. virgatorum

B. wokirgensis

B. xanthoxylon

(2) Mahoberberis aqui-candidula:

M. aqui-sargentiae

M. miethkeana

Mahonia amplectens

M. aquifolium

M. aquifolium atropurpurea

M. aquifolium compacta

M. aquifolium "Donewell"

M. aquifolium "Kings Ransom"

M. aquifolium "Orange Flame"

M. bealei

M. dictyota

M. fortunei

M. japonica

M. lomarifolia

M. nervosa

M. pinnata

M. piperiana

M. pumila

M. repens

Stat. Auth.: ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 693, f. 11-17-61; AD 776, f. 12-19-63, ef. 1-15-64; AD 907(13-69), f. 9-23-69, ef. 10-15-69

603-052-0825

Hazelnut Nursery Stock Control Area

(1) A control area is established as authorized under ORS 561.510 and 570.405 to protect Oregon's hazelnut industry from the introduction of Eastern filbert blight, caused by the fungus Anisogramma anomala. Eastern filbert blight causes stem cankers in ornamental and commercial hazelnuts leading to a decline in productivity and eventual death of the plant. Eastern filbert blight does occur in the Pacific Northwest but new commercial varieties of hazelnut are resistant to the local strain. However, a more virulent strain of Eastern filbert blight occurs in other areas that would have a severe impact on Oregon's ornamental and commercial hazelnut industries if it were introduced into Oregon. The strains of Eastern filbert blight cannot be readily distinguished by standard laboratory testing methods.

(2) This control area includes the entire state of Oregon.

(3) The following definitions apply to ORS 603-052-0825:

(a) "Hazelnut plants" means plants and plant parts of Corylus species.

(b) "Pest Free Area" means an area where Eastern filbert blight does not occur as demonstrated by scientific evidence and, where appropriate, this condition is being officially maintained.

(c) "Director" means the director of the Oregon Department of Agriculture or the director's authorized representative.

(d) "Micropropagate" means plant propagation using aseptic laboratory techniques and an artificial culture medium.

(4) To prevent the introduction of Eastern filbert blight, hazelnut plants shown to be a host of Eastern filbert blight that are imported into the control area must meet at least one of the following conditions. A phytosanitary certificate with an additional declaration corresponding to one of the options below is required.

(a) The hazelnut plants must originate from a pest free area.

(b) The importer of the hazelnut plants agrees to the following conditions:

(A) A maximum of 25 plants of each cultivar will be imported.

(B) The plants will be segregated in a greenhouse or similar secure location for a post-entry quarantine period of two (2) years.

(C) An official inspector will inspect the plants twice per year during the post-entry quarantine period. At least one inspection will take place during the dormant season. Plants that pass all inspections will be released from post-entry quarantine with no further restrictions. Plants on which Eastern filbert blight is detected must be destroyed immediately at the importer’s expense.

(c) The importer of the hazelnut plants will import a maximum of 25 plants of each cultivar for the specific purpose of micropropagation. The micropropagated plants may be released from post-entry quarantine provided an official inspection reveals no evidence of disease while the plants are growing in the artificial culture medium. Parent plants must be maintained as described in (4)(b) or destroyed.

(d) The hazelnut plants are micropropagated and are shipped in an artificial culture medium in sealed containers.

(e) Hazelnut nuts must be free of green twigs and other green plant debris before being imported into the control area. Notification and phytosanitary certificates are not required for shipments of hazelnut nuts.

(5) Notification of regulated commodity shipment is required. The shipper shall mail, FAX or e-mail documents including the phytosanitary certificate of compliance, listing the type and quantity of plants, address of shipper, address of recipient, test results, contact numbers to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; FAX 503-986-4786; e-mail: quarantine@oda.state.or.us. The department may require that shipments be held until inspected and released. In addition, field grown plants may be required to be held for up to two years so they can be inspected for the disease as necessary before final release. ODA will contact importers within one business day of the receipt of notification, if the hazelnut plants must be held for inspection.

(6) Violation of the control area may result in a fine, if convicted, of not less than $500 nor more than $5,000 as provided by ORS 561.990. Violators may also be subject to civil penalties of up to $10,000 as provided by 570.410, 570.990, and 570.995; nursery license suspension or nursery license revocation. Commodities shipped in violation may be treated, destroyed or returned to their point of origin at the importer’s expense.

(7) The need for this control area and its effectiveness will be reviewed by the department and other interested parties biennially.

Stat. Auth.: ORS 570.405

Stats. Implemented: ORS 561.510
Hist.: DOA 22-2008, f. & cert. ef. 10-16-08

603-052-0830

Commercial Potatoes Produced in Oregon to be Grown from "Certified Seed"

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the Oregon potato industry against the introduction and spread of serious bacterial, fungal, viral, and nematode diseases of potatoes. Such control area includes all of the state of Oregon.

(2) The following methods of control are declared to be proper methods to be used in the control area described in section (1) of this rule:

(a) All commercial potato plantings in Oregon in excess of one acre in size shall be propagated from "certified seed" only;

(b) All Oregon potato growers shall be responsible for obtaining proper certification documents or tags to verify that all seed potatoes used for potato propagation comply with this rule. Such documents shall be retained by the grower for one calendar year and shall be provided to the Oregon Department of Agriculture upon written request for such documentation. Such documentation shall include the total weight of certified seed potatoes received by the grower in questions, and shall be issued only by a legal certifying agency in the state or country of origin. Falsification of seed potato certification documents shall be deemed to be in violation of ORS 570.410;

(c) Oregon Department of Agriculture officials may sample any potato seed lot for the purpose of testing and verification of compliance with "certified seed" only standards. Such department official may enter any potato field for the purpose of conducting inspections which may be required to carry out this rule;

(d) Definitions: "Certified seed" shall be limited to seed which meets those standards established for "certified seed" by the representing agency officially recognized by the state or country of origin.

(3) Exceptions to the "certified seed" only requirement may be permitted by the Director of the Oregon Department of Agriculture when availability of "certified seed" does not allow compliance with this rule. Such exceptional permit shall be obtained prior to planting. Specific requirements may be stipulated in the Director's permit.

(4) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and may subject the violator to the penalty provisions of ORS 570.990.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 5-1990, f. & cert. ef. 3-19-90

603-052-0850

Rapeseed Control Areas

As provided in ORS 570.450, the department may establish control areas for the production of rapeseed.

Stat. Auth.: ORS 561.190 & 570.450
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 14-2009, f. & cert. ef. 9-16-0

603-052-0860

Definitions

For purposes of this rule, the following terms are defined as indicated:

(1) "Brassica spp." means any plants in the genus Brassica.

(2) "Cover crop" means any species of rapeseed that is grown as a cover crop and is not allowed to flower.

(3) "Department" means the department of agriculture of the state of Oregon.

(4) "Director" means the director of the department or his duly authorized representative.

(5) "Forage" means any species of rapeseed that is grown for livestock feed and is not allowed to flower.

(6) "Person" means an individual, firm, partnership, corporation, company, society, association, cooperative, two or more persons having a joint or common interest, or any unit or agency of local, state, or federal government.

(7) "Producer" means any person who is the owner, tenant, or operator of land who has an interest in, and is entitled to receive all or any part of the proceeds from the sale of any commodity produced on that land.

(8) "Rapeseed" means plants of the species Brassica napus, Brassica rapa and Brassica juncea, including varieties commonly known as canola.

Stat. Auth.: ORS 561.190 & 570.450
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; AD 19-1991, f. & cert. ef. 12-5-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 14-2009, f. & cert. ef. 9-16-09

603-052-0870

General Production Area/Protected Districts

Growing rapeseed for oil, seed, forage or cover crop production requires particular attention to maintaining oilseed quality and purity. The protection of oil, seed, forage and cover crop quality and purity is in the public interest, as is the orderly production of such crops. Proper isolation between differing types of rapeseed or other crops susceptible to cross pollination and/or processing problems is required if the public interest in a food, industrial or seed market is to be developed and protected, and established commodity markets are to be preserved. Therefore, the seeding and growing of rapeseed by any person for any purpose in the state of Oregon shall be subject to the regulations of either the general production area or a protected district. Noncompliance with these regulations constitutes an unreasonable interference with the public's rights to use and enjoy rapeseed for oil, seed, forage or cover crops.

Stat. Auth.: ORS 561.190 & 570.450
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 14-2009, f. & cert. ef. 9-16-09

603-052-0880

General Production Area

(1) All lands in Oregon outside of protected districts are for the purposes of this rule, in the general production area. Rapeseed production in the General Production Area is subject to the following regulations.

(a) Growing Brassica spp. crops for any purpose including oil is allowed.

(b) All rapeseed seed stock which trades in commerce in General Production Areas must be certified seed which has been produced under standards established by the Association of Seed Certifying Agencies and state standards, and must be accompanied by a phytosanitary certificate stating that a test performed on untreated seed was free from blackleg, Leptosphaeria maculans; the seed must also be treated (after the phytosanitary test) prior to planting with a fungicide officially approved for blackleg control;

(c) To prevent buildup of blackleg disease, rapeseed may not be grown on the same plot of land more often than two years in every five;

(d) All unbagged loads of rapeseed transported through Protected Districts must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss.

Protected Districts

(2) Production of rapeseed for oil is incompatible with production of crops of related species grown for seed or vegetables. Therefore, protected districts are established where rapeseed production for oil is prohibited except under special permit. Production of rapeseed for seed, forage or cover crop in these protected production areas is subject to measures to minimize undesirable cross-pollination, disease and pest buildup, and volunteers. The following rules apply to all land in Protected Districts:

(a) Growing Brassica spp. crops for oil is prohibited, except under special permit as outlined in (5) below and in northeast Oregon. In northeast Oregon's protected district, special permits are not required for growing Brassica spp. crops for oil, but all other requirements, (b) to (h) below, do apply;

(b) All rapeseed seed stock which trades in commerce in Protected Districts must be certified seed which has been produced under standards established by the Association of Seed Certifying Agencies and state standards, and must be accompanied by a phytosanitary certificate stating that a test performed on untreated seed was free from blackleg, Leptosphaeria maculans; the seed must also be treated (after the phytosanitary test) prior to planting with a fungicide officially approved for blackleg control;

(c) To prevent buildup of blackleg disease, rapeseed may not be grown on the same plot of land more often than one year in every four years;

(d) To prevent cross-pollination problems, rapeseed must be isolated from other crops with which it will cross-pollinate, by a distance of not less than three miles. In Baker, Union and Wallowa counties the required isolation distance shall be not less than two miles;

(e) The location of all rapeseed fields, and experimental plots, must be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting. In the Willamette Valley, the recording system used shall be that adopted by the Willamette Valley Specialty Seed Crops Association;

(f) Forage and cover crop rapeseed may be grown but shall not be allowed to flower;

(g) All unbagged loads of rapeseed transported within Protected Districts must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss;

(h) Any volunteer or uncontrolled rapeseed in or around production fields must be prevented from flowering by the producer.

Designation of Protected Districts

(3) The following areas are designated as Protected Districts:

(a) in the Willamette Valley, the entire counties of Benton, Clackamas, Columbia, Lane, Linn, Marion, Multnomah, Polk, Washington and Yamhill;

(b) in Central Oregon, the entire counties of Crook, Deschutes and Jefferson;

(c) in Northeastern Oregon, the entire counties of Baker, Union and Wallowa, except the following part of Wallowa County which is designated as a general production area: Township 4N, Range 43E; Township 4N, Range 44E; Township 4N, Range 45E; Township 5N, Range 43E; Township 5N, Range 44E; and Township 5N, Range 45E; and those portions of Township 6N, Range 43E; Township 6N, Range 44E; and Township 6N, Range 45E falling within the State of Oregon;

(d) in Malheur County, a 3-mile wide strip of land along the Idaho border from the point where Payette County, Idaho's northern border intersects Malheur County's eastern border, south to the point where Highway 95 crosses the Oregon border. This strip of land borders Idaho's rapeseed production district IV (IDAPA 02.06.13) where rapeseed production is prohibited. The rest of Malheur Co. is a general production area.

Changes to Rapeseed Control Area Rules

(4) Interested persons may petition the department to amend or repeal these rules, including designation changes creating or removing protected district status, by following the procedures in the Administrative Procedures Act, ORS 183.390. The agency must either deny the petition or initiate rulemaking within 90 days of receiving the petition. In deciding whether to grant or deny a request to amend or repeal these rules, the agency must consider six criteria:

(a) The continued need for the existing rule;

(b) Any complaints and comments about the rule received from the public;

(c) The complexity of the rule;

(d) The extent to which the rule overlaps, duplicates or conflicts with other state or federal rules and, to the extent feasible, with local government regulations;

(e) The degree to which circumstances have changed since the rule was adopted; and

(f) The legal basis for the rule.

Special Permits for Exemptions

(5) The department may issue special permits providing exemptions to the rapeseed control area rules if after careful review and consultation with an advisory committee, it determines that the proposed action would not harm the agricultural industries in the area. The Department shall invite all growers of Brassica spp. within a three-mile radius of the proposed growing site to serve on the advisory committee as well as recognized experts from Oregon State University, and the biofuels, specialty seed and vegetable industries. The Director of the Department of Agriculture retains the final authority to approve or deny special permit requests. Any action under a special permit shall be subject to any conditions or restrictions set forth in the permit, and these conditions and restrictions may vary depending on the proposed action and its potential risk. Persons desiring an exemption to the rapeseed control area rules shall petition the department in writing.

Violations

(6) The Director shall have the authority to require destruction prior to bloom of any rapeseed production that violates these rules. In the event that the person or producer of said production does not comply with the destruction order, the Director is authorized to have the production destroyed by a third party. The cost of such destruction is to be charged to the producer. In addition, persons violating these regulations are subject to the penalties provided by ORS 570.410 and 570.990, including civil penalties up to $10,000.

Stat. Auth.: ORS 561.190 & 570.450
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; AD 19-1991, f. & cert. ef. 12-5-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 1-2008, f. & cert. ef. 1-7-08

603-052-1020

Quarantine Against Powdery Mildew of Hops

(1) Establishing Quarantine: A quarantine is established against the powdery mildew disease of hops caused by the fungus Podosphaera macularis (Wallr.) U. Braun & S. Takam. (Sphaerotheca humuli (DC.) Burr.).

(2) Area under Quarantine: All states and districts of the United States, except the states of Washington and Idaho.

(3) Commodities Covered: Plants and all plant parts of hops, Humulus lupulus, excepting kiln dried cones of hops are prohibited entry into this state directly, indirectly, diverted or reconsigned. Used bale coverings and any other articles or equipment that could transmit spores or other infectious material.

(4) Conditions: Covered commodities from the area under quarantine are prohibited.

(5) Director's Exemptions: Persons wishing to import covered commodities from the area under quarantine must apply in writing for a Director's Exemption as authorized by OAR 603-052-1020. Applications for Director's Exemptions must list the prospective buyer and seller; the number, and origin of stock; location of proposed planting site; and any other relevant information. Director's Exemptions, when granted, will list required safeguards to prevent disease establishment.

(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 receiver's option be destroyed under the supervision of the Oregon Department of Agriculture without expense to or indemnity paid by the Oregon Department of Agriculture.

Stat. Auth.: ORS 561 & 570.305
Stats. Implemented: ORS 561.190, 561.510 - 561.600 & 570.305
Hist.: AD 7-1993(Temp), f. & cert. ef. 5-26-93; AD 20-1993, f. & cert. ef. 12-14-93; AD 10-1996, f. & cert. ef. 9-5-96; DOA 4-1998, f. & cert. ef. 5-11-98; DOA 12-1999, f. & cert. ef. 6-4-99; DOA 4-2009, f. & cert. ef. 4-9-09

603-052-1025

Quarantine; Small Broomrape

(1) Establishing Quarantine. A quarantine is established to prevent the spread of small broomrape, Orobanche minor, within Oregon and to protect markets for Oregon seed crops. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural industries from the artificial spread of small broomrape. Small broomrape is not widely prevalent within or distributed throughout the state of Oregon. Small broomrape is dangerous to Oregon's agricultural industries because it parasitizes the root systems of host crop plants in the legume, potato, carrot and sunflower families. Red clover is the most susceptible host. Damage includes direct yield losses, up to and including crop failure, as well as possible market losses due to restrictions imposed by trading partners on commodities potentially contaminated with small broomrape seed.

(2) Area under Quarantine: State of Oregon.

(3) Commodities Covered: Small broomrape plants including seeds, red clover (Trifolium pratense) seed, and soil, commodities and equipment that may be contaminated with small broomrape seeds.

(4) Provisions of the Quarantine:

(a) Imported red clover seed lots must have been cleaned by a process that includes, at a minimum, the stages in (4)(b)(A-C) below or an official seed sample must be taken and tested prior to planting to ensure freedom from contamination by small broomrape seed. Contaminated lots will be returned or destroyed without expense or indemnity paid by the State.

(b) All red clover seed lots harvested in counties west of the Cascade Mountains must be cleaned by an approved process before transport, purchase, sale or offering for sale. Approved cleaning processes must include, at a minimum, all the stages in A-C below. Seed lots meeting this requirement need not be sampled and tested for small broomrape contamination.

(A) Air separator;

(B) Indent roller;

(C) Gravity separator.

(c) Alternative cleaning processes may also be acceptable if approved by the Department. Cleaning facilities using alternative processes must be under compliance agreement with the Department.

(d) The Department may take random samples of finished red clover seed lots from cleaners meeting the requirements of (b) or (c) above and test them for small broomrape. The cost of this random sampling and testing will be born by the Department. If small broomrape is found, cleaning of red clover seed will be curtailed until the cleaning process is reviewed and problems corrected. All available clover seed lots from that cleaner will be sampled and tested for small broomrape. Any infested lots will be re-cleaned and released only after testing negative for small broomrape. The costs of all follow-up sampling and testing after a positive find will be the responsibility of the cleaner. The cleaner will be put under compliance agreement before additional lots of red clover seed may be cleaned.

(e) Seed lots not meeting the cleaning requirements outlined in (b) or (c) above must be officially sampled, tested and found free of small broomrape seeds before transport, purchase, sale or offering for sale. Upon request, Department inspectors will draw official seed samples, which will be analyzed at a laboratory using a USDA-approved protocol for small broomrape testing. Costs of sampling and testing will be the responsibility of the grower or other responsible party. Contact: Commodity Inspection Division, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301. Telephone: (503) 986-4620. Any seed lots found to contain small broomrape seed are prohibited from transport, purchase, sale, or offering for sale until they are re-cleaned, re-tested and determined to be free from small broomrape.

(f) Screenings from seed lots contaminated with small broomrape shall be disposed of in a manner that will devitalize the seed or eliminate the risk of spread of the weed such as pelletization, burning or burying.

(5) 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. Commodities harvested or shipped in violation of this quarantine shall be treated or destroyed without expense or indemnity paid by the State.

Stat. Auth.: ORS 561.510 & ORS 561.190
Stats. Implemented:
Hist.: DOA 6-2000, f. & cert. ef. 2-24-00; DOA 33-2000, f. & cert. ef. 12-15-00; DOA 15-2003, f. & cert. ef. 4-18-03

603-052-1030

Control Area Against Rough Bluegrass in Union County

(1) As authorized by ORS 570.405, a control area is established in Union County against the production or handling of rough bluegrass, Poa trivialis, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area.

(2) Extent of Control Area: all of Union County

(3) Commodities Covered: Rough bluegrass (Poa trivialis), including any hybrids of the species.

(4) Prohibited Acts:

(a) All commodities covered in section (4) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Union county;

(b) Any rough bluegrass which is planted, grown, cleaned, conditioned or handled in Union County is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents.

Stat. Auth.: ORS 570.405
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 14-1994, f. & cert. ef. 9-9-94

603-052-1040

Control Area Against Rough Bluegrass in Morrow and Umatilla Counties

(1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties against the production or handling of rough bluegrass, Poa trivialis, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area.

(2) Extent of Control Area: all of Morrow and Umatilla Counties.

(3) Commodities Covered: rough bluegrass (Poa trivialis), including any hybrids of the species.

(4) Prohibited Acts:

(a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Morrow and Umatilla Counties;

(b) Any rough bluegrass which is planted, grown, cleaned, conditioned or handled in Morrow or Umatilla Counties is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents.

Stat. Auth.: ORS 570.405
Stats. Implemented: ORS 570.405
Hist.: AD 15-1995, f. & cert. ef. 8-29-95

603-052-1050

Control Area Against Creeping Annual Bluegrass in Union County

(1) As authorized by ORS 570.405, a control area is established in Union County against the production or handling of the perennial creeping type of annual bluegrass, Poa annua var. reptans, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area.

(2) Extent of Control Area: all of Union County.

(3) Commodities Covered: perennial creeping type annual bluegrass, Poa annua var. reptans, including any hybrids of the species.

(4) Prohibited Acts:

(a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Union County.

(b) Any Poa annua var. reptans which is planted, grown, cleaned, conditioned or handled in Union County is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents.

Stat. Auth.: ORS 561.190 & ORS 570.405
Stats. Implemented: ORS 570.405
Hist.: AD 3-1997, f. & cert. ef. 6-4-97

603-052-1060

Control Area Against Creeping Annual Bluegrass in Morrow and Umatilla Counties

(1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties against the production or handling of the perennial creeping type of annual bluegrass, Poa annua var. reptans, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area.

(2) Extent of Control Area: all of Morrow and Umatilla Counties.

(3) Commodities Covered: perennial creeping type annual bluegrass, Poa annua var. reptans, including any hybrids of the species.

(4) Prohibited Acts:

(a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Morrow and Umatilla Counties.

(b) Any Poa annua var. reptans which is planted, grown, cleaned, conditioned or handled in Morrow or Umatilla Counties is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents.

Stat. Auth.: ORS 561.190 & ORS 570.405
Stats. Implemented: ORS 570.405
Hist.: AD 3-1997, f. & cert. ef. 6-4-97

603-052-1100

Purpose

These rules guide the Oregon State Department of Agriculture, Plant Division, in administering its Imported Timber Products Inspection Program, as provided in ORS 570.700 to 570.710.

Stat. Auth.: ORS 561.190, ORS 570.305 & ORS 570.700 - ORS 570.710
Stats. Implemented: ORS 570.705 & ORS 570.710
Hist.: AD 7-1996, f. & cert. ef. 6-12-96

603-052-1110

Definitions

The following definitions apply to OAR 603-052-1100 to 603-052-1130:

(1) "Imported" means timber products from any source outside North America and includes those states in Mexico not adjacent to the United States. Also included are timber products brought into another state or states and subsequently shipped into Oregon. Shipments of untreated timber products transiting Oregon are not considered to be imported if they enter and leave the state without having been unloaded from their original conveyance and if they remain in Oregon less than 120 hours.

(2) "Person" means any federal, state or local government or government agency, political subdivision, individual, public or private corporation, partnership, association, firm, trust, estate, or any other legal entity whatever.

(3) "Untreated" means not previously treated so as to completely eliminate external and internal insect pests and plant pathogens. Timber products are considered untreated if they are treated in such a way that some, but not all, potential insect pests and plant pathogens are eliminated. For example, logs which are debarked and fumigated are considered untreated because fungi and insects deep within the wood could survive these treatments.

(4) "Treated" timber products are those that have been processed so as to completely eliminate all potential insect pests and plant pathogens, e.g. kiln-drying or sterilization by heat (at least 71.1° C for 75 minutes measured at the core).

(5) "Importer" is the person who takes first delivery in this state of imported, untreated timber products.

Stat. Auth.: ORS 561.190, ORS 570.305 & ORS 570.700 - ORS 570.710
Stats. Implemented: ORS 570.705 & ORS 570.710
Hist.: AD 7-1996, f. & cert. ef. 6-12-96

603-052-1120

Notification

(1) The importer of untreated timber products shall notify the Oregon Department of Agriculture in writing or by FAX (Oregon Dept. of Agriculture, Plant Division, 635 Capitol St. NE, Salem, OR 97310; FAX (503) 986-4786) at least seven days in advance of the estimated date of arrival of each shipment. Notification shall include:

(a) Estimated date and time of arrival;

(b) Planned unloading site(s);

(c) Estimated unloading time;

(d) Contact person, phone and FAX numbers.

(2) Within twenty-one days after arrival of the shipment, the importer shall present to the department a copy of the bill of lading and, if the imported material is scaled, a copy of the scaling bureau scale certificate(s). The importer may use any scaling method approved by the department. The fee schedule in 603-052-1130 will be applied to the gross scale on the bureau certificate(s).

Stat. Auth.: ORS 561.190, ORS 570.305 & ORS 570.700 - ORS 570.710
Stats. Implemented: ORS 570.705 & ORS 570.710
Hist.: AD 7-1996, f. & cert. ef. 6-12-96

603-052-1130

Fees

(1) Treated timber products are not subject to these fees.

(2) The importer of untreated timber products shall pay to the Oregon Department of Agriculture a timber products health program fee according to the following schedule:

(a) Wood chips: 50 cents per bone dry ton.

(b) Timber products other than wood chips: $5 per one thousand board feet.

(c) Minimum charge will be $50

(3) If the imported untreated timber products are not scaled, the department will use the following conversion factors: 4.8 cubic meters equals one thousand board feet for logs or 2.4 cubic meters equals one thousand board feet for lumber applied to the quantities listed on the bill of lading.

(4) The department will invoice the importer for the amount payable. The importer shall pay the appropriate fee within 30 days after taking delivery of such products. For purposes of this program, the issue date of the department invoice will be considered the official date delivery was taken.

Stat. Auth.: ORS 561.190, ORS 570.305 & ORS 570.700 - ORS 570.710
Stats. Implemented: ORS 570.705 & ORS 570.710
Hist.: AD 7-1996, f. & cert. ef. 6-12-96

603-052-1150

Laboratory Fees for Official, Regulatory and Service Samples

(1) The following fees and charges are established for laboratory or other testing services including sample processing, analysis and issuance of certificates or official reports. The basic fee for official, regulatory and service samples is established at $70.00 per hour, with a minimum fee of $35.00.

(2) The fees and charges for specific routine tests are:

(a) Spore wash and microscopic examination per fungal species -- $50;

(b) Fifty-seed stain and immunoblot for endophyte -- $85;

(c) Seed, soil or tissue test for nematodes -- $35;

(d) Visual exam for regulated pests -- $60 for pesticide treated seed and $50 for untreated seed;

(e) Visual exam for regulated contaminants -- $45;

(f) Visual exam for regulated pests and regulated contaminants -- $70;

(g) Isolation on standard media -- $35;

(h) Growing media pH and conductivity -- $35;

(i) Seed grow out for bacteria -- $140;

(j) ELISA for virus detection in seed -- $140.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561.190, 571.145 & 632.940
Hist.: DOA 9-2003, f. & cert. ef. 1-14-03; DOA 10-2006, f. & cert. ef. 3-22-06

603-052-1200

Quarantine; Noxious Weeds

(1) Establishing Quarantine. A quarantine is established against the noxious weeds listed herein. Noxious weeds have become so thoroughly established and are spreading so rapidly that they have been declared a menace to the public welfare. ORS 570.505.

(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" designated noxious weeds listed herein, except as provided in subsections (c) and (d). 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.

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

(A) African rue -- Peganum harmala;

(B) Camelthorn -- Alhagi pseudalhagi;

(C) Coltsfoot -- Tussilago farfara;

(D) Cordgrasses:

(i) Common -- Spartina anglica;

(ii) Dense-flowered -- Spartina densiflora;

(iii) Saltmeadow -- Spartina patens;

(iv) Smooth -- Spartina alterniflora.

(E) European water chestnut -- Trapa natans;

(F) Giant hogweed -- Heracleum mantegazzianum;

(G) Goatgrasses:

(i) Barbed -- Aegilops triuncialis;

(ii) Ovate -- Aegilops ovata.

(H) Hawkweeds:

(i) King-devil -- Hieracium piloselloides;

(ii) Meadow -- Hieracium pratense;

(iii) Mouse-ear -- Hieracium pilosella;

(iv) Orange -- Hieracium aurantiacum;

(v) Yellow -- Hieracium floribundum.

(I) Hydrilla -- Hydrilla verticillata;

(J) Kudzu -- Pueraria lobata;

(K) Matgrass -- Nardus stricta;

(L) Paterson's curse -- Echium plantagineum;

(M) Purple nutsedge -- Cyperus rotundus;

(N) Silverleaf nightshade -- Solanum elaeagnifolium;

(O) Skeletonleaf bursage -- Ambrosia tomentosa;

(P) Squarrose knapweed -- Centaurea virgata;

(Q) Starthistles:

(i) Iberian -- Centaurea iberica;

(ii) Purple -- Centaurea calcitrapa.

(R) Syrian bean-caper -- Zygophyllum fabago;

(S) Texas blueweed -- Helianthus ciliaris;

(T) Thistles:

(i) Plumeless -- Carduus acanthoides;

(ii) Smooth distaff -- Carthamus baeticus;

(iii) Woolly distaff -- Carthamus lanatus.

(U) Yellow floating heart -- Nymphoides peltata.

(b) "B" designated weeds. Weeds of economic importance which are regionally abundant, but which may have limited distribution in some counties.

(A) Austrian peaweed (Swainsonpea) -- Sphaerophysa salsula;

(B) Bearded creeper (common crupina) -- Crupina vulgaris;

(C) Biddy-biddy -- Acaena novae-zelandiae;

(D) Brooms:

(i) French -- Genista monspessulana;

(ii) Portuguese -- Cytisus striatus;

(iii) Scotch -- Cytisus scoparius* (*except named horticultural varieties are permitted until December 31, 2009. After that date, all the prohibitions of section (4) (a-d) apply.);

(iv) Spanish -- Spartium junceum;

(E) Buffalobur -- Solanum rostratum;

(F) Butterfly bush -- Buddleja davidii/varabilis* (*Until December 31, 2009, plants are allowed to be imported and grown in licensed nurseries, but plants must not be allowed to go to seed including stock plants. Plants shall not be sold in the State of Oregon. After that date, all the prohibitions of section (4) (a-d) apply.);

(G) Common bugloss -- Anchusa officinalis;

(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* (*Until December 31, 2009, plants that are intended for use as topiary, or in indoor /patio pots, baskets, or floral arrangements are allowed. Plants that are intended for use in outdoor landscaping plantings are prohibited. After that date, all the prohibitions of section (4) (a-d) apply.);

(M) Eurasian watermilfoil -- Myriophyllum spicatum;

(N) False brome -- Brachypodium sylvaticum;

(O) Field bindweed -- Convolvulus arvensis;

(P) Garlic Mustard -- Alliaria petiolata;

(Q) Giant horsetail -- Equisetum telmateia;

(R) Gorse -- Ulex europaeus;

(S) Halogeton -- Halogeton glomeratus;

(T) Himalayan blackberry -- Rubus discolor* (R. aremeniacus & R. procerus) (*except fruit for consumption);

(U) Houndstongue -- Cynoglossum officinale;

(V) Johnsongrass -- Sorghum halepense;

(W) Jointed goatgrass -- Aegilops cylindrical;

(X) Jubata grass -- Cortaderia jubata;

(Y) Knapweeds:

(i) Diffuse -- Centaurea diffusa;

(ii) Meadow -- Centaurea pratensis (jacea x nigra);

(iii) Russian -- Acroptilon repens;

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

(Z) Knotweeds:

(i) Giant -- Polygonum sachalinense;

(ii) Himalayan -- Polygonum polystachyum;

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

(AA) Kochia -- Kochia scoparia;

(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) Quackgrass -- Agropyron repens;

(MM) Ragweed -- Ambrosia artemisiifolia;

(NN) Rush skeletonweed -- Chondrilla juncea;

(OO) Saltcedar -- Tamarix ramosissima;

(PP) Small broomrape -- Orobanche minor;

(QQ) South American waterweed (Elodea) -- Egeria (Elodea) densa;

(RR) Spikeweed -- Hemizonia pungens;

(SS) Spiny cocklebur -- Xanthium spinosum;

(TT) Spurges:

(i) Leafy -- Euphorbia esula;

(ii) Myrtle -- Euphorbia myrsinites.

(UU) Sulfur cinquefoil -- Potentilla recta;

(VV) Tansy ragwort -- Senecio jacobaea;

(WW) 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.

(XX) Toadflax:

(i) Dalmation -- Linaria dalmatica;

(ii) Yellow -- Linaria vulgaris.

(YY) Velvetleaf -- Abutilon theophrasti;

(ZZ) Whitetops:

(i) Hairy -- Lepidium pubescens;

(ii) Lens-podded -- Lepidium chalepensis;

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

(AAA) Yellow flag iris -- Iris pseudacorus;

(BBB) Yellow nutsedge -- Cyperus esculentus;

(CCC) Yellow starthistle -- Centaurea solstitialis;

(c) 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.

(d) 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.

(4) 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.

(5) 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 the department, without expense to or indemnity paid by the department.

(6) Exceptions. The director may issue a permit allowing entry into this state, propagation, or selling of 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 561.020, 561.190, 561.510 & 570.305
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

603-052-1205

Weed-Free Tree Seedling Nurseries

(1) Nursery-grown tree seedlings for commercial forest production can spread noxious weeds if they become contaminated with weed seeds. In order to prevent the spread of noxious weeds, it is necessary to keep them out of the seedling production fields at nurseries that grow conifer and hardwood seedlings for commercial forest plantings. Noxious weeds found in seedling nurseries include, but are not limited to, yellow nutsedge, thistles, St. Johnswort, creeping yellow cress, and quackgrass. OAR 603-052-1200 has a complete list of noxious weeds quarantined in Oregon.

(2) To prevent the establishment and spread of noxious weeds via tree seedlings used for commercial forest plantings, seedling production fields must be kept noxious weed-free.

(3) Currently the preferred method of treatment of seedling production fields, though not the only acceptable treatment, is fumigation with methyl bromide prior to seeding or transplanting of seedlings. This rule is intended as a bridge to ensure effective noxious weed control until technically viable and economically feasible alternative controls and methods can be developed and tested. Active testing of alternatives is underway but has not yet proven operationally successful. This section (3) of this rule may be repealed on December 31, 2013 unless a thorough review as to its importance results in a finding that it is still necessary.

Stat. Auth.: ORS 570.505 & 571.200
Stats. Implemented: ORS 570.505 & 571.200
Hist.: DOA 23-2008, f. & cert. ef. 10-31-08

603-052-1221

Quarantine; Glassy-Winged Sharpshooter

(1) Establishing a Quarantine. A quarantine is established against glassy-winged sharpshooter, Hoalodisca coagulata. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural industries from the artificial spread of glassy-winged sharpshooter. Glassy-winged sharpshooter is a vector of Pierce's disease, Xylella fastidiosa, in grapes and other diseases of important horticultural plants. Neither glassy-winged sharpshooter nor X. fastidiosa are known to be established in Oregon. Introduction of glassy-winged sharpshooter could result in serious damage to vineyards in Oregon and cause trade restrictions on many other host plants.

(2) Area under Quarantine: Mexico; the entire States of Alabama, Arkansas, California, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, and Texas; and any other state found to be infested with glassy-winged sharpshooter during the life of this quarantine. In Oregon, any property where glassy-winged sharpshooter is found.

(3) Commodities Covered: All plants referenced in Appendix A. This does not include cut flowers, cut foliage, leafless budwood, grafting wood, or dormant, leafless nursery stock except all types of propagative material of grape plants (Vitis spp.) (see (4)(c) below). All life stages of the glassy-winged sharpshooter, including eggs, nymphs, and adults, and Xylella fastidiosa.

(4) Provisions of the Quarantine: All shipments of covered commodities from areas under quarantine outside the state of Oregon are prohibited unless they meet the conditions below:

(a) Covered commodities, except grape plants (Vitis spp.), from non-infested counties in California (see (b) below) are exempt from provisions of this quarantine.

(b) Covered commodities originating from the area under quarantine including infested counties in California: Fresno, Kern, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, Santa Barbara, Tulare, Ventura, and any other county found to be infested with glassy-winged sharpshooter during the life of this quarantine, must meet either (A) or (B) below.

NOTE: an infestation is defined as an established, reproducing population as evidenced by positive trap catches or sightings over more than one generation of the glassy-winged sharpshooter or more than one life stage of the glassy-winged sharpshooter found on plants not including regulatory interceptions on recently imported plants.

(A) Originate from nurseries under compliance agreement with the state of origin Department of Agriculture requiring adherence to specific protocols to ensure that shipped host nursery stock is free of glassy-winged sharpshooter; or

(B) Have been treated with a registered pesticide effective at killing all stages of glassy-winged sharpshooter prior to shipment as near to the time of shipping as is reasonably possible. A phytosanitary certificate or certificate of quarantine compliance must accompany the shipment with one of the following additional declarations: "All glassy-winged sharpshooter host plants in this shipment have been grown in a nursery under compliance agreement with the [fill in state] Department of Agriculture to ensure freedom from glassy-winged sharpshooter," or: "All glassy-winged sharpshooter host plants in this shipment have been treated with [fill in name and rate of pesticide] for glassy-winged sharpshooter."

(c) Grape plants (Vitis spp.) from the area under quarantine, including the entire state of California, must be treated for glassy-winged sharpshooter as in (4)(b)(A) or (B) above and must be tested and found free of Xylella fastidiosa (see procedures in (4)(c)(A) to (G) below). A phytosanitary certificate must accompany the shipment with one of the following additional declarations: "Grape plants (Vitis spp.) in this shipment have been treated for glassy-winged sharpshooter with [fill in name and rate of pesticide] and a representative sample of [fill in number tested] has been tested and found free of Xylella fastidiosa," or "Grape plants (Vitis spp.) in this shipment have been grown under a compliance agreement with the [fill in state] Department of Agriculture to ensure freedom from glassy-winged sharpshooter and a representative sample of [fill in number tested] has been tested and found free of Xylella fastidiosa." Grape Vine Sampling and Analysis Procedure for Xylella fastidiosa:

(A) Samples shall be taken from plants located in lots identified for shipment to Oregon.

(B) Samples from up to five individual plants may be combined (bulked) for analysis purposes.

(C) Samples shall be composed of petiole and/or midrib tissue.

(D) Analysis of samples for X. fastidiosa shall be done using ELISA or PCR testing by a laboratory operated by an official state or federal regulatory agency or by an approved cooperator.

(E) Sampling and analysis of non-dormant (green) plant material must take place within 60 days before the date of shipment of the plants into Oregon. Sampling and analysis of plants to be shipped dormant must take place prior to leaf drop, but within 60 days of leaf drop during the previous season.

(F) Sampling and analysis of plant material shall be under the direct supervision of state or county regulatory officials.

(G) The following table should be used for determining the number of samples required for laboratory testing of grape plants for Xylella fastidiosa: [Table not included. See ED. NOTE.]

(d) Notification of regulated commodity shipment is required. The shipper shall mail, FAX or e-mail documents including the phytosanitary certificate or certificate of quarantine compliance, listing the type and quantity of plants, address of shipper, address of recipient, test results if required in (4)(c) above, and contact phone numbers to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; FAX: 503/986-4786; e-mail: quarantine@oda.state.or.us. The Department may require that shipments be held until inspected and released.

(e) Sites within Oregon where glassy-winged sharpshooter is found associated with covered commodities imported from the area under quarantine must be treated with a registered pesticide effective at killing all stages of glassy-winged sharpshooter. All imported host material received from areas under quarantine must be treated as well as all other host material in a reasonable buffer zone approved by the Oregon Department of Agriculture. Host material within the spray block may not be moved or sold until after it is treated. In cases where spray blocks include more than one owner, each owner will be responsible for spraying host material on their own property.

(5) Violation of quarantine. 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. 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. [Appendix not included. See ED. NOTE.]

[ED. NOTE: Tables & Appendices referenced are available from the agency.]

Stat. Auth.: ORS 561.190, 561.510 & 561.540
Stats. Implemented: ORS 570.305
Hist.: DOA 35-2000, f. & cert. ef. 12-15-00; 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

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 (Lithocarpus spp.), 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 south of the northern border of T38S R12W sections 29 and 30, T 39S R13W sections 1, 2, 3, 4, 5, and 6, and T39S R14W sections 1, 2, 3, 4, and 5; then west of the eastern border of T38S R12W sections 29 and 32, T39S R12W sections 5, 8, 17, 20, 29, and 32, T40S R12W sections 5, 8, 17, 20, 29, and 32, and T41S R12W sections 5 and 8; then north of the southern border of T41S R12W Sections 7 and 8, T41S R13W Sections 23 and 24 to the intersection with US Highway 101 and then northeast of US Highway 101 to the intersection with T41S R13W Section 10 and then north of T41S R13W Sections 8, 9, and 10; then east of the western border of the Pacific Coastline;

(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 infected site during any eradication program.

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

(a) "Hosts and associated plants" means plants on the USDA APHIS List of Regulated Hosts and Plants Associated with Phytophthora ramorum, last revised May 5, 2008.

NOTE: This list is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-464.

(b) "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 above ground 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: 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, are prohibited unless one of the following requirements has been met:

(a) All regulated commodities must be kiln-dried or heat-treated to 60¼C (140¼F) for one (1) hour measured at the core prior to shipment. Treatments must be officially verified. The official certificate must include 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." The length and temperature of the treatment must be recorded on the official certificate;

(b) 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.

(c) Soil and potting media from the quarantine area at a known infected 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 60¼C (140¼F) 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) Infected properties in Oregon: Confirmation of a P. ramorum infection must be made by the ODA or an official cooperator. The disease must be eradicated from the property as quickly as possible in accordance with USDA APHIS's Confirmed Residential Protocol for Phytophthora ramorum Detections in Landscaped Residential or Commercial Settings, last revised December 20, 2007 or the Phytophthora ramorum APHIS Response Protocol for Forest and Wildland Environments Version 1.0, updated November 21, 2008.

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 infection location and eradication requirements in the form of an Administrative Directive. For public and private forested lands, the Oregon Departments of Agriculture (ODA) and Forestry (ODF) will work with the landowner to develop an eradication plan that will be based on the best available science. The program may include some or all of the following activities: cutting and piling susceptible trees and shrubs, burning the wood and plant debris when safe to do so, herbicide treatment of stumps and sprouts, fungicide spraying, sampling and monitoring.

(7) Infected nurseries in Oregon: Confirmation of a P. ramorum infection 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, last revised July 20, 2007, or the Official Regulatory Protocol for Retail Nurseries Containing Plants Infected with Phytophthora ramorum Version 1.0, dated December 19, 2007, will be implemented immediately.

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

The ODA will work with the nursery owner to implement an eradication and monitoring program utilizing protocols prescribed by USDA APHIS.

(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

603-052-1240

Bentgrass Control Area in Jefferson County

(1) Definitions: As used in this rule:

(a) "Modern biotechnology" means genetic modification of organisms by recombinant DNA techniques.

(b) "Conventionally bred" means traditional plant breeding not involving genetic modification of organisms by recombinant DNA techniques.

(c) "Willamette Valley counties" include: Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, Washington, and Yamhill counties in Oregon.

(2) As authorized in ORS 570.405, a control area is established in Jefferson County to regulate the production of bentgrass. This control area is designed to provide physical separation between varieties of bentgrass produced using techniques of modern biotechnology and conventionally bred varieties with which they might cross-pollinate.

(3) Extent of Control Area: The control area consists of all of the following parcels in central Jefferson County, Oregon:

(a) In T10S, R13E, W.M.: sections 2, 3, 4, 5, 11, 13, 14, and 24 in their entirety; the portions of sections 10, 15, 22, 23, 26, and 35 lying east of U.S. Hwy 26; the portion of section 25 lying west of Adams Drive; the NW, SE, SW, quarter sections and the western half of the NE quarter section of section 12; the western half of the SW and NW quarter sections of section 1; the NW quarter corner of the NW quarter section of section 36, plus;

(b) In T9S, R13E W.M.: sections 28, 33, 34, and 35 in their entirety; the portions of sections 16, 20, 21, and 29 lying on the Agency Plains and above the canyon rim; the southern half of section 32 and the eastern half of the NE quarter section of section 32.

(4) Commodities Covered: bentgrass (all Agrostis spp.). All other crops, plants, and commodities are exempt from provisions of this regulation except processing of other grass seed crops as regulated in section (5)(c) below.

(5) Prohibited Acts:

(a) Only varieties of bentgrass that have been developed using the techniques of modern biotechnology may be planted, grown, cleaned, conditioned or handled in the control area. Conventionally bred bentgrass varieties may not be planted, grown, cleaned, conditioned or handled within the control area. This regulation applies only to bentgrass.

(b) Bentgrass fields within the control area must not be located closer than one-quarter mile from fields of conventionally bred bentgrass varieties located outside the control area. All field borders, ditch banks, and roadsides within 165 feet of the bentgrass fields must be kept free of Agrostis spp. Waterways leaving bentgrass fields must be kept free of Agrostis spp. for a distance of 165 feet.

(c) The bentgrass seed produced within the control area must be processed at a seed cleaning and packaging facility located within the control area. No conventionally bred varieties of grass seed of any type shall be cleaned or packaged at this facility.

(d) Bentgrass seed produced in the control area must be transported from the field to the cleaning and packaging facility in enclosed containers. Processed bentgrass seed produced in the control area may not leave the control area except in sealed commercial containers.

(e) Combine(s) used to harvest bentgrass in the control area must not be used for any other crop. Dedicated combine(s) no longer being used to harvest bentgrass in the control area must be fumigated to devitalize all bentgrass seeds and thouroughly cleaned. Other equipment used in the harvesting and transporting of unprocessed bentgrass seed must be thoroughly cleaned before leaving the control area. Containers such as poly bags used to transport unprocessed bentgrass seed and straw must not be used for other agricultural commodities or must be thoroughly cleaned before being used for other agricultural commodities to avoid cross-contamination.

(f) All bentgrass straw produced in the control area must be burned within the control area or processed in a way that devitalizes bentgrass seeds, e.g. pelletizing. If processing occurs outside the area, the straw must travel to the processing plant in enclosed containers.

(g) Stand removal following final harvest will include the following steps: watering to promote regrowth, application of an effective herbicide (such as fluazifop or glufosinate), and shallow tillage (not plowing). The next crop must tolerate a selective herbicide that kills bentgrass and roguing or such herbicide must be used to control bentgrass volunteers. Other methods of stand removal, e.g. fumigation, may be acceptable. Growers should send a written request for approval of alternative methods to: Administrator, Plant Division, Oregon Department of Agriculture, 635 Capitol St., Salem, OR, 97301.

(h) Varieties of bentgrass that have been developed using the techniques of modern biotechnology may not be planted in Willamette Valley counties in order to prevent cross-pollination with traditionally bred varieties. This includes both seed production fields and all non-production plantings such as sod farms, golf course putting greens, tees, and fairways. Research plots are allowed in Willamette Valley counties under permit/notification from the United States Department of Agriculture.

(6) Violations: Any bentgrass or other grass seed not in compliance with the provisions of this rule is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents. Violators of this control area are subject to the penalties provided by 570.410 and 570.990, including civil penalties up to $10,000.

Stat. Auth.: ORS 561.190 & 570.405
Stats. Implemented: ORS 570.405
Hist.: DOA 19-2002, f. & cert. ef. 7-23-02; DOA 2-2006, f. & cert. ef. 2-6-06; DOA 2-2008, f. & cert. ef. 1-7-08

603-052-1245

Blueberry Nursery Stock Control Area

(1) A Control area is established as authorized under ORS 570.405 to 570.435 to protect Oregon's blueberry fruit industry from the introduction of blueberry scorch virus. Blueberry scorch virus is an aphid-borne plant disease that causes necrosis of leaves and flowers in blueberry leading to a decline in productivity. Blueberry scorch virus does occur in the Pacific Northwest but does not cause symptoms on the commonly grown varieties. However, a more virulent strain of blueberry scorch virus occurs in other areas that would have a severe impact on Oregon's blueberry industry if it were introduced into Oregon. The strains of blueberry scorch virus cannot be readily distinguished by standard laboratory testing methods.

(2) This control area includes the entire state of Oregon.

(3) The following definitions apply to ORS 603-052-1245:

(a) "Blueberry plant" means plants and plant parts of Vaccinium corymbosum.

(b) "Pest Free Area" means an area where blueberry scorch virus does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained.

(c) "Director" means the director of the Oregon Department of Agriculture or the director's authorized representative.

(d) "Micropropagated" means plant propagation using aseptic laboratory techniques and an artificial culture medium.

(4) To prevent the introduction of blueberry scorch virus, plants and plant parts of Vaccinium corymbosum and any other Vaccinium species shown to be a host of blueberry scorch virus that are imported, planted, sold, or offered for sale within the control area must meet at least one of the following conditions. A phytosanitary certificate with an additional declaration corresponding to one of the options below is required.

(a) The blueberry plants must originate from a pest free area.

(b) The blueberry plants are certified in accordance with the regulations of an official certification program in the state or province of origin that includes testing and inspection for blueberry viruses and is approved by the director.

(c) The blueberry plants are free of blueberry scorch virus based on an official laboratory test using a protocol approved by the director.

(d) The blueberry plants are micropropagated and/or grown in an insect-proof greenhouse or screenhouse and originate from mother plants that have been tested and found free of blueberry scorch virus.

(e) Blueberry fruit must be free of leaf tissue and other plant debris before being imported into the control area. Notification and phytosanitary certificates are not required for shipments of blueberry fruit.

(f) The ODA will operate official testing and certification programs on a cost-recovery basis. Fees charged by the Department are payable on or before December 31 of each year, and are for the sole purpose of defraying expenses incurred by the Department in conducting official testing procedures provided for in this control area order. Payment thereof shall not be construed as granting any right or privilege to the program participant.

(5) Notification of regulated commodity shipment is required. The shipper shall mail, FAX or e-mail documents including the phytosanitary certificate of compliance, listing the type and quantity of plants, address of shipper, address of recipient, test results, contact numbers to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; FAX 503-986-4786; e-mail: quarantine@oda.state.or.us. The department may require that shipments be held until inspected and released.

(6) Violation of the control area may result in a fine, if convicted, of not less than $500 nor more than $5,000 as provided by ORS 561.990. Violators may also be subject to civil penalties of up to $10,000 as provided by 570.410, 570.990, and 570.995; nursery license suspension or nursery license revocation. Commodities shipped in violation may be treated, destroyed or returned to their point of origin at shippers expense.

(7) Review of this Control area: The necessity for this quarantine and its effectiveness will be reviewed by the department and other interested parties annually.

Stat. Auth.: ORS 570.405
Stats. Implemented: ORS 561.510
Hist.: DOA 8-2002, f. & cert. ef. 2-1-02; DOA 15-2006, f. & cert. ef. 7-13-06

603-052-1250

Phytophthora ramorum Regulated Area for Nursery Stock

(1) A regulated area is established as authorized under ORS 570.305, 571.015 and 571.145, to protect Oregon from introduction of Phytophthora ramorum (sudden oak death, ramorum canker and blight). This pathogen causes leaf blight, dieback or death in certain trees and shrubs including tanoak, rhododendron, viburnum and camellia. Susceptible plants include species important to Oregon's native forests, horticultural landscapes and nursery industry.

(2) This regulated area includes the entire state of Oregon.

(3) The following definitions apply to OAR 603-052-1250:

(a) "Hosts and associated plants" means plants on the USDA APHIS's List of Regulated Hosts and Plants Associated with Phytophthora ramorum, last revised May 5, 2008.

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

(b) "Grower" and "nursery stock" are defined in ORS 571.005;

(c) Tissue culture plantlets in sealed, sterile containers are exempt from this regulation. Also exempt are: acorns and seeds; turf or sod; bulbs; tubers, corms or rhizomes (except those species listed as hosts or associated plants); greenhouse grown cactus, succulents and orchids; aquarium grown aquatic plants; and greenhouse, container or field grown palms and cycads.

(4) All growers of host and associated plants in the regulated area shall enter into compliance agreements with the department and/or USDA, APHIS as described in section (6). Before growers can enter into a compliance agreement they must be inspected, tested and certified free of P. ramorum, as described in sections (5) or (7).

(5) Growers in the certification program shall be inspected and tested for P. ramorum in accordance with federal interim rule, 7 CFR 301.92.

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

Inspection and sampling procedures will meet or exceed USDA standards for nurseries in regulated and quarantine areas. The department, using federally approved laboratory protocols, will test the samples.

(6) Growers who enter compliance agreements will be required to:

(a) Comply with OAR 603-054-0027 that requires all recipients of shipments of tree and shrub nursery stock imported from out-of-state, to notify the department within two business days of arrival of the shipment;

(b) Purchase hosts and associated hosts only from certified sources when such purchases originate in a Federally quarantined or regulated areas where official P. ramorum certification programs acceptable to the department exist;

(c) Have an official inspector inspect and test for P. ramorum, hosts and associated hosts purchased from sources in Federally quarantined or regulated areas where no official certification program exists; these plants must be safeguarded, segregated and held off sale until test results are complete;

(d) Maintain records of all incoming and outgoing shipments of hosts and associated hosts for a minimum of 24 months;

(e) Include appropriate Federal or State certification with all host nursery stock and associated plants shipped interstate.

(7) Alternately, such nurseries may be inspected, sampled and tested through an official "State Nursery Stock Cleanliness Program" (SNSCP), which documents inspection of all nursery stock for the presence of P. ramorum, at the appropriate time of year. The SNSCP inspection, sampling, and testing program must be approved by USDA, APHIS. Until testing is completed and the nursery is found free of evidence of P. ramorum the following plants must be withheld from interstate shipment:

(a) All host nursery stock and associated plants;

(b) All plants within the same genus as any host or associated plant; and

(c) Any plants located within 10 meters of a host or associated plant.

(8) Failure to comply with all articles of a compliance agreement will result in revocation of the compliance agreement and decertification.

(9) Growers of nursery stock that is not on the list of hosts and associated plants must be inspected annually for any evidence of P. ramorum. Plants showing symptoms of P. ramorum infection upon inspection will be sampled and tested. If symptomatic plants are found upon inspection, the following plants must be withheld from interstate shipment until testing is completed and the nursery is found free of evidence of P. ramorum:

(a) All symptomatic plants;

(b) Any plants located in the same lot as the suspect plant; and

(c) Any plants located within 2 meters of this lot of plants.

(10) A list of growers compliant with these rules will be maintained on the department's web site. The department will update the list as necessary to maintain an accurate accounting of growers participating in the program.

(11) If P. ramorum is officially confirmed within a nursery, delimitation and eradication procedures as outlined in USDA APHIS's Official Regulatory Protocol for Wholesale and Production Nurseries Containing Plants Infected with Phytophthora ramorum Version 8.0, last revised July 20, 2007, or the Official Regulatory Protocol for Retail Nurseries Containing Plants Infected with Phytophthora ramorum Version 1.0, dated December 19, 2007, will be implemented immediately.

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

Hosts and associated hosts shall not be moved from the nursery/growing site until all conditions of the protocol are met and the department releases the plants.

(12) Violators of this regulated area are subject to the penalties provided by ORS 570.410 and 570.990 and 570.995, including civil penalties up to $10,000.

Stat. Auth.: ORS 561.510 & 570.305
Stats. Implemented: ORS 561.190
Hist.: DOA 13-2005, f. & cert. ef. 3-25-05; 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

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