Or. Admin. Code § 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 (see OAR 603-052-0051), in grapes and other diseases of
important horticultural plants. Glassy-winged sharpshooter is not 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.
(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., see (4)(b)), originating from the area under quarantine
including infested counties in California: Fresno, Imperial, Kern, Los Angeles,
Madera, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa
Barbara, Santa Clara, 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."
(b) Grape plants (Vitis
spp.) from the area under quarantine, including infested counties in the state
of California (see (4)(a)), must be treated for glassy-winged sharpshooter as
in (4)(b)(A) or (B) above. 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]," 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."
(c) Notification of
regulated commodity shipment is required as described in OAR 603-054-0027. 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.
(d)
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.]
(6) Exceptions. 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 special 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 a harmful pest or
disease.
(7) Review. The
Department and other interested parties shall review the quarantine and
restrictions biennially for accuracy and effectiveness.
Notes
Tables & Appendices referenced are available from the agency.
Stat. Auth.: ORS 561.190, 561.510 & 561.540
Stats. Implemented: ORS 570.305
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