OAR 603-052-0126: Quarantine; European Corn Borer

A quarantine is established effective October 15, 1969, against the following pest, its hosts, and possible carriers: (1) Pest. European corn borer (Ostrinia nubilalis). (2) Area Under Quarantine. All states and districts of the United States, except the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, New Mexico, Utah, and Washington. (3) Infested Area. Entire States of Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia. (4) Commodities Covered. (Restricted Products) Corn, broomcorn, sorghums, and Sudan grass, plants and all parts thereof (including shelled grain and stalks, ears, cobs, and all other parts, fragments, or debris of said plants); beans in the pod; beets; celery; peppers (fruits); endive; Swiss chard; and rhubarb (cut or plants with roots); cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems), and gladiolus (except corms without stems), are hereby declared to be hosts or possible carriers of the pest herein quarantined against. (5) Restrictions: (a) Definitions. As used in the quarantine and section: (A) "Portions of Plants or Fragments Capable of Harboring Larva of European Corn Borer" means any portion of a host plant of any shape or size which cannot be passed through a 1/2-inch (1.27 cm) square aperture, and any completely whole, round, uncrushed section, portion, or piece of cob, stalk, or stem of one inch or more in length and 3/16-inch (0.48 cm) or more in diameter; (B) "Official Certificate" means a document, issued by a duly authorized representative of the designated state, district, or federal department of agriculture, evidencing compliance with the provisions of this regulation and setting forth all information and facts hereinafter required; (C) "Department" means the Department of Agriculture of the State of Oregon; (D) "Shelled Grain" means the seeds or kernels separated from all other plant parts of corn, broomcorn, sorghum, and Sudan grass. (b) Certification required on all shelled grain from area under quarantine. Except as provided in section (6) of this rule, each lot or shipment of shelled grain of corn, broomcorn, sorghums, and Sudan grass grown in or shipped from the area under quarantine described in section (2) of this rule, imported or brought into this state, must be accompanied by an official certificate evidencing compliance with one of the following conditions: (A) Certificates on shelled grain grown in or shipped from the infested area described in section (3) of this rule, must either affirm that said grain has been passed through a 1/2-inch (1.27 cm) mesh screen or less, or otherwise processed prior to loading and is believed to be free from stalks, cobs, stems, or portions of plants or fragments capable of harboring larva of the European corn borer, and further, that the car or truck was free from stalks, cobs, stems, or such portions of plants or fragments at time of loading, or affirm that said grain has been fumigated by a method and in a manner prescribed by the Department, and setting forth the date of fumigation, dosage schedule, and kind of fumigant used; (B) Certificate on shelled grain grown in and shipped from states under quarantine not listed in section (3) of this rule, must be issued by the proper official of the state wherein such grain was produced, affirming that all such grain covered by said certificate is a product of said state wherein no European corn borer is known to exist and that its continued identity has been maintained to assure no blending or mixing with grain, plants, or portions thereof produced in or shipped from infested areas described in section (3) of this rule; (C) Any lot or shipment of shelled grain arriving in this state which is not accompanied by an official certificate as herein before required, or which is certified on the basis of freedom from contamination with portions of plants or fragments capable of harboring larva of European corn borer as defined above, and which is found to be so contaminated, shall be deemed to be in violation of this quarantine and regulation and subject to disposal as provided by law and by section (16) of this rule quarantine; (D) All certificates issued in compliance with paragraph (A) or (B) of this subsection must also set forth the kind and quantity of the commodity constituting the lot or shipment covered thereby, the initials and number of the railway car, or license number in the case of truck, and the names and addresses of the shipper and consignee. (6) Certain Grain Products Conditionally Exempt from Certification. Certification requirements of subsection (5)(b) of this rule, are hereby waived on shelled popcorn, seed for planting, and on individual shipments or lots of one hundred pounds or less of other clean, shelled grain, or comprised of packages of less than ten pounds, subject to inspection and freedom from portions of plants or fragments capable of harboring European corn borer. (7)(a) Stalks, ears, cobs, or other parts, fragments, or debris of corn, broomcorn, sorghums, and Sudan grass admitted under disinfection or treatment certificate. Stalks, ears, cobs, or other parts, fragments, or debris of corn, broomcorn, sorghums, and Sudan grass grown in or shipped from the area under quarantine imported as such or as packing or otherwise, will be admitted into the State of Oregon only provided each lot or shipment is accompanied by an official certificate of the state from which shipped, affirming that all stalks, ears, cobs, or other parts, fragments, or debris of such plants accompanied thereby have been disinfected or sterilized by a method and in a manner prescribed by the Department, and setting forth the date and full particulars of treatment applied, except that stalks, ears, cobs, or other parts, fragments, or debris of said plants grown in and shipped from states under quarantine not listed in the infested area described in section (3) of this rule will be admitted into the State of Oregon provided each shipment or lot is accompanied by an official certificate of the state where produced, affirming that such product is a product of said state wherein no European corn borer is known to exist, and that continued identity of the product has been maintained to assure no handling or storage in association with stalks, ears, cobs, or other parts, fragments, or debris of such plants grown in or shipped from infested areas herein described; (b) All certificates issued in compliance with this section (7) of this rule must also set forth the kind and quantity of the commodity constituting the lot or shipment covered thereby, the initials and number of the railway car, or license number in the case of truck, and the names and addresses of the shipper and consignee. (8)(a) Certification required on certain vegetable and ornamental plants and plant products produced in or shipped from infested area. Except as provided in section (6) of this rule, beans in the pod, beets, celery, peppers (fruits), endive, Swiss chard, and rhubarb (cut or plants with roots); cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems), gladiolus (except corms without stems) produced in or shipped from the infested area described in section (3) of this rule, will be admitted into the State of Oregon only provided each lot or shipment is officially certified by an inspector of the Plant Quarantine Division of the U.S. Department of Agriculture or by the duly authorized official of the state where produced, evidencing that such plants, products, or cut flowers have been inspected or that the greenhouse or growing grounds where same were produced were inspected and no European corn borer was found, or that such plants, products, or cut flowers have been fumigated by a method and in a manner prescribed by the Department and setting forth the date of fumigation, dosage schedule, and kind of fumigant used; (b) No restrictions are placed by this regulation on the entry into this state of such vegetable and ornamental plants and plant products produced in and shipped from any state not listed in section (3) of this rule. (9) Certain Restricted Products Conditionally Exempt from Certification. Certification requirements of section (8) of this rule, are hereby waived on individual shipments or lots of certain restricted vegetables, ornamental plants, and plant products described therein, under and subject to the following conditions: (a) In lots or shipments of ten pounds or less, beans in the pod, beets, peppers (fruits), endive, Swiss chard, and rhubarb (cut or plants with roots); (b) During period November 30 to May 1, divisions without stems of the previous year's growth, rooted cuttings, seedling plants, and cut flowers of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, and Japanese hop. (10) Manufactured or Processed Products Exempt from Restriction. No restrictions are placed by this proclamation upon the movement of the restricted products herein defined which are processed or manufactured in such a manner as to eliminate all danger of carrying the pest herein quarantined against. (11) Certification Waived on Small Lots. Under section (16) of this rule and the European Corn Borer Exterior Quarantine, the Department may release small lots of shipments which may be adequately inspected in lieu of origin certification provided no living stage of European corn borer is found or the lot or shipment may be treated in an approved manner under official supervision. It is intended that this disposition will only apply to lots or shipments of a size which will permit a 100 percent inspection involving less inspection time and effort than would be required to issue rejection notices and hold for origin certification. Rejection notices need not be filed on the lots or shipments which are adequately inspected and released in lieu of origin certification. (12) Fumigation Instructions. The articles listed in this quarantine will be admitted to the State of Oregon if they are accompanied by an official certificate, showing they have been fumigated with a fumigant effective against European corn borer according to label instructions. (13) Disposition of Violations. Any or all shipments or lots of the quarantined articles enumerated in section (4) of this rule, arriving in Oregon in violation of this quarantine shall immediately be sent out of Oregon, or destroyed, or treated by a method approved by the Department, all at the expense of the owner or owners. All of such procedures shall only be carried out under and at the direction and/or order of the Department. The provisions of this section do not prohibit the Department from taking any other action or procedure authorized by law against persons or commodities or articles that are in violation of law or this quarantine. [ED. NOTE: Diagrams referenced are available from the agency.]