Or. Admin. Code § 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: Market Access
and Certification Programs, 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.
Notes
Stat. Auth.: ORS 561.510 & 561.190
Stats. Implemented:
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