Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 570.405
Stats. Implemented: ORS 561.510
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