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Oregon Bulletin

May 1, 2012

Department of Agriculture, Chapter 603

Rule Caption: Repeal Obsolete Rules Related to Diseases of Orchard, Mint and Barberry.

Adm. Order No.: DOA 5-2012

Filed with Sec. of State: 3-22-2012

Certified to be Effective: 3-22-12

Notice Publication Date: 1-1-2012

Rules Repealed: 603-052-0117, 603-052-0201, 603-052-0206, 603-052-0207, 603-052-0208, 603-052-0209, 603-052-0334, 603-052-0800

Subject: Oregon Department of Agriculture proposes to repeal four regulations: 603-052-0117 Quarantine Against peach Latent Mosaic Viroid; 603-052-0201 to 209 Umatilla County Control Area; 603-052-0334 Union County Mint Control Area and Procedures; 603-052-0800 Rust-Resistent Varieties of Barberry, Mahonia, and Mahoberberis. The Peach Latent Mosaic quarantine was adopted in 1974. This viroid is now widespread in U.S. orchards including the Pacific Northwest. The Umatilla County Orchard Pest Control Area was also adopted in 1941. The complicated boundaries make it impossible to enforce and a local ordinance makes it redundant. Verticullium wilt has been found in Union County since 2005. The quarantine is no longer scientifically valid. Oregon Barberry rust statute was repealed in 2009. Federal regulations remain in place.

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


 

Rule Caption: Expands Sudden Oak Death Quarantine and Allows Use of Tanoak From Disease-Free Areas.

Adm. Order No.: DOA 6-2012

Filed with Sec. of State: 3-22-2012

Certified to be Effective: 3-22-12

Notice Publication Date: 1-1-2012

Rules Amended: 603-052-1230

Subject: Phyothophthora ramorum (sudden oak death) has been found north of the current quarantine boundary near Cape Sebastian in Curry Co. The proposed amendment would expand the quarantine northward to include the new site and a buffer area of approximately three miles. With the expansion of the quarantine, it is proposed to define disease-free and generally-infested areas within the quarantine. Provisions are proposed that would allow use of tanoak logs and firewood from disease-free areas. Encouraging use of tanoak should help slow the spread of the disease and lessen the impact on residents.

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

603-052-1230

Quarantine: Phytophthora ramorum

(1) Establishing a quarantine: A quarantine is established against Phytophthora ramorum, the cause of sudden oak death and other plant diseases. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon’s agricultural industries and natural resources from the artificial spread of P. ramorum. This pathogen causes mortality in susceptible oak (Quercus spp.), tanoak (Notholithocarpus densiflorus syn. Lithocarpus densiflorus), rhododendron (Rhododendron spp.), viburnum (Viburnum spp.), evergreen huckleberry (Vaccinium ovatum), and other plant species. In other susceptible plants it causes leaf spots, twig dieback and/or stem cankers. Methods for exclusion of commodities potentially infected with this disease and procedures for eradication of incipient infections are prescribed in this quarantine.

(2) Area under quarantine:

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

(b) The following portion of Curry County that lies inside the area south of the northern border of T37S R 15W section 13, T37S R14W sections 15, 16, 17, and 18, then west of the eastern border of T37S R14W sections 15, 22, 27, and 34, and T38S R14W sections 3 and 10, then south of the northern border of T38S R14W sections 13 and 14, then west of the eastern border of T38S R14W sections 13, 24, 25, and 36, then south of the northern border of T39S R13W 1, 2, 3, 4, 5, 6 and T38S R12W sections 29 and 30 and; 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 then north of the southern border T40S R12W sections 31, 32 and T41S R13W section 12, west of the western boundary of section 13, north of the southern boundary of section 14 to the intersection with US Highway 101 and then northeast of US Highway 101 to the intersection with West Benham Lane and then north of West Benham Lane directly west to the Pacific Coastline; then east 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 infested site during any eradication or containment program.

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

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

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

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

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

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

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

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

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

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

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

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

(4) Commodities regulated:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Cutting and piling susceptible trees and shrubs;

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

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

(D) Fungicide application;

(E) Sampling and monitoring;

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

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

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

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

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

(7) Infested nurseries in Oregon: Confirmation of a P. ramorum infestation must be made by the ODA or an official cooperator. Nurseries are required to eradicate the disease as quickly as possible in accordance with USDA APHIS’s Official Regulatory Protocol for Wholesale and Production Nurseries Containing Plants Infected with Phytophthora ramorum Version 8.0, updated March 31, 2010, or the Official Regulatory Protocol for Retail Nurseries Containing Plants Infected with Phytophthora ramorum Version 1.0, modified August 12, 2009, will be implemented immediately. Nurseries from which P. ramorum has been detected in multiple growing seasons will be required to implement best management practices as described in USDA APHIS’s official regulatory protocols for positive nurseries for the mitigation of Phytophthora disease in plants for planting; alternatively, nurseries from which P. ramorum has been detected in multiple growing seasons may enter Oregon’s Grower Assisted Inspection Program (GAIP).

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

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

(9) Violation of quarantine: Violation of this quarantine may result in a fine, if convicted, of not less than $500 no more than $5,000, as provided by ORS 561.990. In addition, violators will be subject to civil penalties of up to $10,000 as provided by 561.995. Commodities shipped in violation of this quarantine may be treated, destroyed or returned to their point of origin without expense or indemnity paid by the state.

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


 

Rule Caption: Housekeeping Updates to Six Plant Pest and Disease Quarantines, e.g. scientific names, pest distributions, treatments.

Adm. Order No.: DOA 7-2012

Filed with Sec. of State: 3-26-2012

Certified to be Effective: 3-26-12

Notice Publication Date: 1-1-2012

Rules Amended: 603-052-0115, 603-052-0116, 603-052-0118, 603-052-0126, 603-052-0150, 603-052-1025

Subject: The Department of Agriculture proposes to update six rules as follows: Blueberry Maggot Quarantine, clarify that fumigation with a labeled product is an acceptable option without a Director’s exemption; Peach Yellows Phytoplasma, remove Alabama and West Virginia, add Ontario (Canada), update host list; Peach Rosette Phytoplasm, update host list; European Corn Borer, replace out-of-date prescriptive fumigation instructions with requirements to fumigate according to the label instruction; Cherry Fruit Fly, correct title; Small Broomrape, correct host list.

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

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.

(c) Fruits that are accompanied by an official certificate showing that they have been treated with a fumigant effective against blueberry maggot according to label instructions.

(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; DOA 7-2012, f. & cert. ef. 3-26-12

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

(3) Commodities Covered:

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

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

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

(C) Japanese plum, P. salicina;

(D) Myrobalan plum, P. cerasifera;

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

(F) Wild goose plum, P. munsoniana.

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

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

(4) Exceptions:

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

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

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

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

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

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

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

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

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 Prunus angustifolia, P. armeniaca, P. avium, P. besseyi, P. cerasus, P. davidiana, P. domestica, P. dulcis (P. amygdalus), P. mahaleb, P. persica, P. pumila, P. salicina, P. tomentosa, P. triloba, P. virginiana, and Acer rubrum;

(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; DOA 7-2012, f. & cert. ef. 3-26-12

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 (1.27 cm) 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 (0.48 cm) 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 (1.27 cm) 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, showing they have been fumigated with a fumigant effective against European corn borer according to label instructions.

(13) 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: Diagrams referenced are available from the agency.]

Stat. Auth.: ORS 561.190, 561.510 - 561.600, 570.305, ORS 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 906(12-69), f. 9-23-69, ef. 10-15-69; DOA 7-2012, f. & cert. ef. 3-26-12

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) Sherman County;

(g) Umatilla County;

(h) Union County;

(i) Yamhill County; and

(j) 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; DOA 11-2011, f. & cert. ef. 7-20-11; DOA 7-2012, f. & cert. ef. 3-26-12

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. 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, clover (Trifolium pretense, T. repens, and T. subterraneum) 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 not 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 & 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; DOA 7-2012, f. & cert. ef. 3-26-12


 

Rule Caption: Changes standards for examination of somatic cells in milk.

Adm. Order No.: DOA 8-2012

Filed with Sec. of State: 4-13-2012

Certified to be Effective: 7-1-12

Notice Publication Date: 2-1-2012

Rules Amended: 603-024-0592

Subject: The amendment reduces the somatic cell count standard for milk from 750,000 parts per mL to 500,000 parts per mL. while simultaneously raising the somatic cell count for goat’s milk from one million parts per mL to 1,500,000 parts per mL.

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

603-024-0592

Examination for Somatic Cells

Examination of milk and enforcement of the standard for Grade A milk and milk products shall be as follows:

(1) A Wisconsin mastitis test or D.M.S.C.C. shall be conducted on each producer’s or producer-distributor’s raw milk at least four times during separate months in each six-month period.

(2) Except for the standard set forth in section (5) of this rule, a milk sample having a somatic cell count of 500,000 or more per milliliter (ml.) shall be deemed to be violative of the somatic cell standard.

(3) Except for the standard set forth in section (5) of this rule, the three-out-of-five compliance method shall apply in the case of all abnormal milk showing 500,000 or more somatic cells per ml. except that a period of no more than twenty one days shall be allowed between warning notice and the taking of the next official test (including a D.M.S.C.C. for enforcement purposes).

(4) Except for the standard set forth in section (5) of this rule, whenever two of the last four consecutive somatic cell counts exceed the limit of the standard, the producer shall be given a warning letter which shall be in effect so long as two of the last four samples exceed the limit. An additional sample shall be taken but not before the lapse of twenty one days. Immediate suspension of the milk shall be instituted whenever the standard is violated by three of the last five somatic cell counts. No action shall be taken if the additional sample is within the standard (less than 500,000 cells per ml.). Release from suspension shall be made with first satisfactory sample.

(5) A sample of goat’s milk having a somatic cell count of 1,500,000 or more per milliliter (ml.) shall be deemed to be violative of the somatic cell standard. Otherwise, the provisions of this section apply to goat’s milk.

Stat. Auth.: ORS 561 & 621
Stats. Implemented: ORS 621.060 & 621.261
Hist.: AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0639.5; AD 10-1986, f. & ef. 6-11-86; DOA 6-2002, f. & cert. ef. 1-28-02; DOA 8-2012, f. 4-13-12, cert. ef. 7-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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