Section I
Definitions For the purpose of these regulations, the
following words, names, and terms shall be construed, respectively to
mean:
(a) Scleroderris canker. The
disease known as Scleroderris canker, caused by the fungus Gremmeniella
abietina (Lagerb.) Morelet (Scleroderris lagerbergii Gremmen) in any stage of
development.
(b) Infection. Refers
to the presence of Scleroderris canker.
(c) Inspector. An inspector of the Vermont
State Department of Agriculture, Vermont State Department of Forests, Parks,
and Recreation, or of the United States Department of Agriculture, when
authorized by the Commissioner to act in that capacity.
(d) Moved, movement. Shipped, offered for
shipment to a common carrier, received for transportation or transported by a
common carrier, carried, transported, moved, or allowed to be moved from the
quarantined area into or through any other portions of the State.
(e) Certificate. A valid form certifying the
eligibility of products for movement outside of the quarantined area under the
requirement of these regulations.
(f) Limited permit. A valid form authorizing
the movement of regulated article from a quarantined area to a specified
destination for specific processing, handling, or utilization.
(g) Commissioner. The Commissioner of
Agriculture and the Commissioner of Forests, Parks, and Recreation of the State
of Vermont.
(h) Deregulation,
deregulated. The removal of quarantine restrictions from regulated articles or
quarantined areas due to satisfactory control measures to arrest or eradicate
the disease.
(i) Premise
quarantine. A limited action taken by the Commissioner to immediately place
under regulation any field, tree, or plantation found to be infected with
Scleroderris canker.
Section
II Quarantined areas
The following counties or towns, or parts thereof, of the
State of Vermont are declared to be quarantined areas:
(a) The towns of:
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ADDISON COUNTY
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LAMOILLE COUNTY
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WASHINGTON COUNTY
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Ripton
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Belvidere
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Barre
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Starksboro
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Cambridge
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Berlin
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Eden
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Cabot
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CALEDONIA COUNTY
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Elmore
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Calais
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Barnet
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Hyde Park
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Duxbury
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Burke
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Johnson
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East Montpelier
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Danville
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Morristown
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Marshfield
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Groton
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Stowe
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Middlesex
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Hardwick
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Waterville
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Montpelier City
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Kirby
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Woloott
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Moretown
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Lyndon
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Northfield
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Newark
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ORANGE COUNTY
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Plainfield
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Peacham
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Brookfield
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Roxbury
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St. Johnsbury
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Chelsea
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Waterbury
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Sheffield
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Orange
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Woodbury
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Stannard
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Washington
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Worcestor
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Sutton
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Williamstown
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Walden
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Wheelock
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ORLEANS COUNTY
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Albany
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CHITTENDEN COUNTY
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Barton
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Essex
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Brownington
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Milton
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Charleston
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Underhill
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Craftsbury
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Westford
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Glover
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Greensboro
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ESSEX COUNTY
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Irasburg
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Brighton
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Lowell
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Maidstone
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Morgan
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Troy
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FRANKLIN COUNTY
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Westfield
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Bakersfield
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Westmore
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Berkshire
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Enosburg Falls
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Fairfax
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Montgomery
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Richford
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(b)
Upon discovery of new infections in unregulated towns, the Commissioner may
issue written orders establishing premise quarantines for articles regulated by
the quarantine.
Section
III Regulated articles
(a)
Prohibited movement. The movement in this State of Scleroderris canker in any
stage of development, whether moved independent of or in connection with any
other article, is prohibited, except as provided in Section
IV hereof.
(b) Regulated movement. The following
articles shall not be removed from a quarantined area except under a limited
permit or unless accompanied by a certificate indicating freedom from
infection:
(1) Nursery stock, Christmas
trees, wreaths, branches, twigs, or parts thereof except logs and pulpwood, of
any species of Pinus which are grown in any forest, field, nursery, or
greenhouse.
(2) Any other commodity
or article when found on inspection to be infected with Scleroderris canker in
any of its stages.
Section
IV Conditions governing the issuance of certificates and permits
(a) Certificates. Certificates may be issued
by an inspector for the movement of regulated articles under one or more of the
following conditions:
(1) When they have been
inspected and found apparently free from infection;
(2) When they have been treated or processed
by methods approved by the Commissioner; or
(3) When they have been grown, produced,
manufactured, stored or handled in such a manner that, in the judgment of the
inspector, they have not been exposed to infection or if no infection would be
transmitted by the shipment thereof: provided that subsequent to certification
the regulated articles will be loaded, handled, and shipped under such
protection and safeguards against re-infection as are required by the
inspector.
(b) Limited
permits. Limited permits may be issued for the movement of non-certified
regulated articles to specified destinations for specified processing,
handling, or utilization. Persons shipping, transporting, or receiving such
articles may be required to enter into written dealer-carrier agreements to
maintain such sanitation safeguards against the establishment and spread of
infection and to comply with such conditions as to the maintenance of identity,
handling, processing, or subsequent movement of regulated products as may be
required by the inspector. Failure to comply with conditions of the agreement
will result in its cancellation.
(c) Cancellation of certificates or limited
permits. Certificates or limited permits issued under these regulations may be
withdrawn or canceled by the inspector and further certifications refused
whenever in his judgment the further use of such certificates or permits might
result in the dissemination of infection.
(d) Removal of quarantine restrictions. Upon
completion of control measures found to be acceptable to the Commissioner,
certain items or areas may be deregulated by the Commissioner. Such
deregulations shall be based on the absence of Scleroderris canker from the
articles or areas, and the reduced probability that movement or materials will
constitute further dissemination of the disease
Section V Inspection and disposition of
shipments
Any car or other conveyance, any package or other container,
and any article to be moved, which is moving or which has been moved from the
quarantined area, which contains, or which the inspector has probable cause to
believe may contain infection, or articles regulated under this quarantine, may
be examined by an inspector at any time or place. When articles are found to be
moving or to have been moved in violation of these regulations, the inspector
may take such action as he deems necessary to eliminate the danger of
dissemination of infection.
Section
VI Marking requirements
Every container of regulated articles intended for movement
from the quarantined areas shall be plainly marked with the name and address of
the consignor and the name and address of the consignee, when offered for
shipment, and shall have securely attached to the outside thereof a valid
certificate or limited permit issued in compliance with these regulations:
provided, that
(1) One certificate
may be attached to one of the containers and another to the waybill; and for
carlot freight or express shipment, either in containers or in bulk, a
certificate need be attached to the waybill only and a placard to the outside
of the car, showing the number of the certificate accompanying the
waybill;
(2) For movement by road
vehicle, the certificate shall accompany the vehicle and be surrendered to
consignee upon delivery or shipment;
(3) For movement of regulated material by
personal vehicle, the certificate number shall appear on the bill of
sale.
Section VII
Shipments for experimental and scientific purposes
Regulated articles may be moved from the quarantined area for
experimental or scientific purposes, on such conditions and under such
safeguards as may be approved by the Commissioner. The container of articles so
moved shall bear, securely attached to the outside thereof, a certificate
showing compliance with such conditions.
Section VIII Statement of origin of regulated
articles
Every person selling, or delivering, or attempting to sell,
or deliver or ship regulated articles as defined in Section
III hereof, in this State, shall
accompany each such load, bundle, package, or shipment of the same with legible
written statement of origin which shall contain the address of the lands on
which such regulated articles were grown, obtained, or cut; the name and
address of the consignor.
This quarantine shall become effective
APPROVED AS TO FORM:
Ron Allbee
Commissioner of Agriculture
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Attorney General's Office
Mollie Beattie
Commissioner of Forests, Parks & Recreation
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Madeleine M. Kunin
Governor of Vermont
