| Quarantine: Phytophthora ramorum |
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603-052-1230 Quarantine: Phytophthora ramorum
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(1) Establishing a quarantine: A quarantine is established against Phytophthora ramorum, the cause of sudden oak death and other plant diseases. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural industries and natural resources from the artificial spread of P. ramorum. This pathogen causes mortality in susceptible oak (Quercus spp.), tanoak (Lithocarpus spp.), Rhododendron (Rhododendron spp.), viburnum (Viburnum spp.), evergreen huckleberry (Vaccinium ovatum), and other plant species. In other susceptible plants it causes leaf spots, twig dieback and/or stem cankers. Methods for exclusion of commodities potentially infected with this disease and procedures for eradication of incipient infections are prescribed in this quarantine.
(2) Area under quarantine:
(a) The following counties in California: Alameda, Contra Costa, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma;
(b) The following portion of Curry County that lies inside the area south of the northern border of T38S R12W sections 29 and 30, T 39S R13W sections 1, 2, 3, 4, 5, and 6, and T39S R14W sections 1, 2, 3, 4, and 5; then west of the eastern border of T38S R12W sections 29 and 32, T39S R12W sections 5, 8, 17, 20, 29, and 32, T40S R12W sections 5, 8, 17, 20, 29, and 32, and T41S R12W sections 5 and 8; then north of the southern border of T41S R12W Sections 7 and 8, T41S R13W Sections 23 and 24 to the intersection with US Highway 101 and then northeast of US Highway 101 to the intersection with T41S R13W Section 10 and then north of T41S R13W Sections 8, 9, and 10; then east of the western border of the Pacific Coastline;
(c) Any country, state, county, province or area covered by the federal interim rule, 7 CFR 301.92, Phytophthora ramorum; quarantine and regulations;
(d) Any property in Oregon where P. ramorum is found, including a buffer zone of up to three (3) miles surrounding the infected site during any eradication program.
(3) The following definitions apply to ORS 603-052-1230:
(a) "Hosts and associated plants" means plants on the USDA APHIS List of Regulated Hosts and Plants Associated with Phytophthora ramorum, last revised May 5, 2008. (NOTE: This list is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644);
(b) "Nursery stock" is defined in ORS 571.005. Tissue culture plantlets in sealed, sterile containers are exempt from this regulation.
(4) Commodities regulated:
(a) All plants and plant parts of hosts and associated plants: Examples of regulated commodities include all above ground portions of the plants including, but not limited to nursery stock, logs, bark, wood chips, mulch, firewood, sawdust, green waste, other plant products that may contain bark or foliage;
(b) Any other plant found to be naturally infected with P. ramorum, any product or article that an official inspector determines to present a risk of spreading P. ramorum. All life stages of P. ramorum.
(5) Provisions of the quarantine: Regulated commodities originating from the area under quarantine, and any other area found to be infested with P. ramorum during the life of this quarantine, are prohibited unless one of the following requirements has been met:
(a) All regulated commodities must be kiln-dried or heat-treated to 60ºC (140ºF) for one (1) hour measured at the core prior to shipment. Treatments must be officially verified. The official certificate must include the following additional declaration "The (type of covered commodity) from (name of county or other location identifier) has been treated for Phytophthora ramorum as required prior to shipment." The length and temperature of the treatment must be recorded on the official certificate;
(b) Nursery stock grown in a quarantined county or area may be eligible for shipment to and within Oregon providing the nursery is part of an official certification program and has been inspected and tested as required by the federal interim rule, 7 CFR 301.92, for P. ramorum. The official certificate must include the following additional declaration: "The (covered commodity) from (name of county or other location identifier) has met the Phytophthora ramorum quarantine requirements for shipment into and within Oregon. "NOTE: Recipients of tree and shrub nursery stock imported into the state must notify the ODA no later than two business days after its arrival as required by OAR 603-054-0027.
(c) Soil and potting media from the quarantine area at a known infected site or from within five (5) meters of an infected host plant must be sterilized before shipment. The soil or potting media must reach a minimum temperature of 60ºC (140ºF) for one (1) hour measured at the center of the mass of soil or potting media. Soil or potting media that has never been associated with the covered commodities is exempt. Treatments must be officially verified. The official certificate must include the following additional declaration "The (soil or potting media) from (name of county or other location identifier) has been treated for Phytophthora ramorum as required prior to shipment." The length and temperature of the treatment must be recorded on the official certificate.
(6) Infected properties in Oregon: Confirmation of a P. ramorum infection must be made by the ODA or an official cooperator. The disease must be eradicated from the property as quickly as possible in accordance with USDA APHIS's Confirmed Residential Protocol for Phytophthora ramorum Detections in Landscaped Residential or Commercial Settings, last revised December 20, 2007 or the Phytophthora ramorum APHIS Response Protocol for Forest and Wildland Environments Version 1.0, updated November 21, 2008. (NOTE: These protocols are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644.) Affected property owners will be issued infection location and eradication requirements in the form of an Administrative Directive. For public and private forested lands, the Oregon Departments of Agriculture (ODA) and Forestry (ODF) will work with the landowner to develop an eradication plan that will be based on the best available science. The program may include some or all of the following activities: cutting and piling susceptible trees and shrubs, burning the wood and plant debris when safe to do so, herbicide treatment of stumps and sprouts, fungicide spraying, sampling and monitoring.
(7) Infected nurseries in Oregon: Confirmation of a P. ramorum infection must be made by the ODA or an official cooperator. Nurseries are required to eradicate the disease as quickly as possible in accordance with USDA APHIS's Official Regulatory Protocol for Wholesale and Production Nurseries Containing Plants Infected with Phytophthora ramorum Version 8.0, last revised July 20, 2007, or the Official Regulatory Protocol for Retail Nurseries Containing Plants Infected with Phytophthora ramorum Version 1.0, dated December 19, 2007, will be implemented immediately. (NOTE: These protocols are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644.). The ODA will work with the nursery owner to implement an eradication and monitoring program utilizing protocols prescribed by USDA APHIS.
(8) Special permits: 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 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 P. ramorum.
(9) Violation of quarantine: Violation of this quarantine may result in a fine, if convicted, of not less than $500 no more than $5,000, as provided by ORS 561.990. In addition, violators will be subject to civil penalties of up to $10,000 as provided by ORS 561.995. 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.
Rule final 4/9/09
Printable version (pdf file)
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