APHIS Revises Phytophthora ramorum Domestic Quarantine Regulatory Requirements for Certain Host Nurseries

FOR INFORMATION AND ACTION

DA-2014-02

January 10, 2014

 

SUBJECT:      APHIS Revises Phytophthora ramorum Domestic Quarantine Regulatory Requirements for Certain Host Nurseries

 

TO:                  State and Territory Agricultural Regulatory Officials

 

The Animal and Plant Health Inspection Service (APHIS) is revising the P. ramorum domestic quarantine regulations by relieving and/or imposing regulatory requirements for the interstate movement of host nursery stock from nurseries located in the regulated and quarantine areas in California, Oregon, and Washington. In addition, APHIS is defining regulatory requirements for nurseries in areas of the United States and its Territories that are outside the regulated or quarantined areas, that test positive for P. ramorum, and that wish to move regulated, restricted, or associated P. ramorum host articles interstate. These actions will become effective March 31, 2014.

 

Nurseries in the regulated areas of California, Oregon, and Washington

The revised regulations apply to nurseries moving P. ramorum host plants interstate and the requirements are based on when P. ramorum was last detected at the nursery on or after March 31, 2011.

 

1.  If P. ramorum has not been detected in a nursery on or after March 31, 2011, and the nursery is located in a P. ramorum-regulated area, the nursery is no longer required to be inspected, sampled, and certified in order to ship regulated and associated host plants interstate.

2.  If P. ramorum has been detected in a nursery on or after March 31, 2011, the nursery must be inspected, sampled, and certified in order to ship regulated and associated articles interstate. Regulatory samples will be taken from host plants, soil, standing water, drainage water, irrigation water, growing media, and any other articles designated by the inspector as a possible source of P. ramorum inoculum.

 

a.  If any sample is positive for P. ramorum and the nursery wants to ship regulated or associated articles interstate, the nursery must enter into a compliance agreement with APHIS. In the compliance agreement, the nursery must agree to address sources of P. ramorum identified by the testing in order to prevent its spread through interstate movement of regulated, restricted, or associated articles. To retain interstate shipping status, all critical control points identified by APHIS must be addressed by mitigation measures detailed in the compliance agreement.

 

b.  If all samples test negative for P. ramorum, the nursery may ship all regulated and associated articles interstate under a certificate pursuant to the current regulations at 7CFR 301.92-5(b). If all samples obtained from the nursery test negative for P. ramorum for three years from the effective date of the revised Federal Order, and the nursery is located in a regulated area, the nursery will be relieved of all Federal regulatory requirements for the interstate shipments of P. ramorum regulated, and associated articles following corroboration of the test results for all three years.

 

Even if a nursery is no longer subject to annual testing and inspection requirements as a result of this Federal Order, in order for the nursery to ship regulated or associated articles interstate that were not propagated within the nursery, these articles must be obtained from a nursery in the regulated area that is certified pursuant to 7 CFR part 301.92 or that has been released from testing and inspection requirements as a result of this Federal Order. State departments of agriculture will maintain a list of all such nurseries in the regulated areas of their state. 

Nurseries in quarantine areas of California and Oregon

All regulatory requirements for interstate shipments through annual certification survey and sampling will continue to apply. APHIS will, through compliance agreements, continue to regulate these nurseries under 7CFR 301.92-5(a) due to the presence of P. ramorum in the surrounding natural environment, which results in an inseparability of the areas for quarantine enforcement purposes and an increased risk of disease movement due to the lack of well-defined mitigation measures. Currently there are 14 quarantined counties in California and one in Oregon. The revised regulations will however, apply to nurseries moving P. ramorum host plants interstate and the additional requirements will be based on when P. ramorum was last detected at the nursery on or after March 31, 2011.

 

1.  If, any sample at the nursery has been found to be positive for P. ramorum on or after March 31, 2011, and the nursery wants to ship regulated, restricted, or associated articles interstate, the nursery must enter into an amended compliance agreement with APHIS. Regulatory samples will be taken from host plants, soil, standing water, drainage water, irrigation water, growing media, and any other articles designated by the inspector as a possible source of P. ramorum inoculum.

a.  If any sample is positive for P. ramorum and the nursery wants to ship interstate, the nursery must enter into an amended compliance agreement with APHIS. In the compliance agreement, the nursery must agree to address sources of P. ramorum identified by the testing in order to prevent its spread through interstate movement of regulated, restricted, or associated articles. To retain interstate shipping status, all critical control points identified by APHIS must be addressed by mitigation measures detailed in the compliance agreement.

b.  If all samples test negative for P. ramorum, the nursery may ship regulated, restricted, or associated articles interstate under a certificate pursuant to the current regulations at 7CFR 301.92-5(b).

State departments of agriculture in California and Oregon will continue to maintain a list of all host and non-host nurseries in the quarantined areas of their State which are certified pursuant to 7 CFR Part 301.92. 

Nurseries outside of regulated and quarantined areas

For nurseries within the United States and its territories that are outside the regulated or quarantined areas, the revised regulations will apply to nurseries moving P. ramorum host plants interstate only if P. ramorum was detected at the nursery on or after March 31, 2014.

 

 1.  Beginning on March 31, 2014, nurseries located within the United States and its territories, but not in an area regulated or quarantined for P. ramorum, will have additional regulatory requirements if P. ramorum is detected and the nursery ships regulated and associated articles interstate.

 

2.  Such nurseries must be inspected, sampled, and certified in order to continue to ship regulated and associated articles interstate. Regulatory samples will be taken from regulated plants, soil, standing water, drainage water, irrigation water, growing media, and any other articles designated by the inspector as a possible source of P. ramorum inoculum. All samples will be tested for the presence of P. ramorum.

 

3.  The nursery must enter into a compliance agreement with APHIS in order to retain interstate shipping status for any regulated and associated articles for P. ramorum. In the compliance agreement the nursery must agree to address sources of P. ramorum determined to exist at the nursery in order to prevent its spread through interstate movement of regulated and associated articles. To retain interstate shipping status, all critical control points identified by APHIS must be addressed by mitigation measures detailed in the compliance agreement.

 

The above revisions will allow both APHIS and state regulatory agencies to focus their resources on high-risk nurseries where P. ramorum has been detected, while reducing the burden on nurseries that pose minimal risk for moving the pathogen through shipments of regulated, restricted, or associated articles.

 

For additional details on the Federal P. ramorum regulatory program, please call National Policy Manager Prakash Hebbar, Ph.D. at 301-851-2228 or National Operations Manager Stacy Scott at 970-494-7577.

 

 

/s/

Osama El-Lissy

Deputy Administrator

Plant Protection and Quarantine

 

Attachment: Federal Order

• DA-2014-02+-+Pram+Regulatory+Revisions.pdf