Or. Admin. Code § 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) "Host plant" means plants
and plant parts of Vaccinium corymbosum, Vaccinium macrocarpon, V.membranaceum,
and Sambucus nigra are symptomless carriers of blueberry scorch virus and are
also considered host plants.
(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 host plants 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 host plants must originate from a
pest free area.
(b) The host
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 host plants are free of
blueberry scorch virus based on an official laboratory test using a protocol
approved by the director.
(d) The
host 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.
Notes
Stat. Auth.: ORS 570.405
Stats. Implemented: ORS 561.510
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