OAR 603-052-0127: Quarantine; Japanese Beetle, European Chafer and Oriental Beetle

(1) Establishing a Quarantine. A quarantine is established against the pest known as Japanese beetle ( Popillia japonica ), European Chafer ( Rhizotrogus majalis ), and Oriental beetle ( Anomala orientalis ), members of the family Scarabaeidae, which in the larval stage feed on the roots of many plants and in the adult stage feed on the flowers, foliage and fruit of many plants. (2) Areas Under Quarantine. The entire states of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia, the Provinces of Ontario, Quebec, and British Columbia, Canada, and any other state, territory or province where the presence of an established population of any of these insects is confirmed and effective eradication procedures have not been implemented. Any property(ies) in Oregon where Japanese beetles, European Chafers or Oriental beetles are found including a buffer zone that may be infested around the area where the pests were discovered. (3) Commodities Covered. All life stages of the Japanese beetle, European Chafer and Oriental beetle, including eggs, larvae, pupae, and adults; and the following hosts or possible carriers of Japanese beetle: (a) Soil, growing media, humus, compost, green waste or yard debris, and manure (except when commercially packaged, and except soil samples under a federal Compliance Agreement); (b) All plants with roots; (c) Grass sod; (d) Plant crowns or roots for propagation (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection); (e) Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection); and (f) Any other plant, plant part, article or means of conveyance when it is determined by the department to present a hazard of spreading live Japanese beetle due to either infestation, or exposure to infestation, by Japanese beetle. (4) Restrictions. All commodities covered are prohibited entry into Oregon from the area under quarantine unless they have the required certification. Plants may be shipped from the area under quarantine into Oregon provided such shipments conform to one of the options below and are accompanied by a certificate issued by an authorized state agricultural official at origin. Note that not all protocols in the U.S. Domestic Japanese Beetle Harmonization Plan are acceptable for Oregon. Advance notification of regulated commodity shipment is required. The certifying official shall mail, FAX or e-mail a copy of the certificate to: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301, FAX: 503-986-4786, e-mail: quarantine@oda.oregon.gov. The shipper shall notify the receiver to hold such commodities for inspection by the Oregon Department of Agriculture. The receiver must notify the Oregon Department of Agriculture of the arrival of commodities imported under the provisions of this quarantine and must hold such commodities for inspection. Such certificates shall be issued only if the shipment conforms fully with subsection (4) (a)-(d), subsection (5) or subsection (6) below: (a) Bareroot Plants. Plants with roots are acceptable if they are bareroot, free from soil and growing media (clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection). The certificate accompanying the plants shall bear the following additional declaration: "Plants are bareroot, attached clumps of soil or growing media are less than 1/2 inch in diameter." Advance notification required (see subsection 4 above). (b) Production in an Approved Japanese Beetle Free Greenhouse/Screenhouse. All the following criteria apply. All media must be sterilized and free of soil. All stock must be free of soil (bareroot) before planting into the approved medium. The potted plants must be maintained within the greenhouse/screenhouse during the entire adult flight period. During the adult flight period the greenhouse/screenhouse must be made secure so that adult Japanese beetles cannot gain entry. Security will be documented by the appropriate phytosanitary official. No Japanese beetle contaminated material shall be allowed into the secured area at any time. The greenhouse/screenhouse will be officially inspected by phytosanitary officials and must be specifically approved as a secure area. They shall be inspected by the same officials for the presence of all life stages of the Japanese beetle. The plants and their growing medium must be appropriately protected from subsequent infestation while being stored, packed and shipped. Certified greenhouse/screenhouse nursery stock may not be transported into or through any infested areas unless identity is preserved and adequate safeguards are applied to prevent possible infestation. Each greenhouse/screenhouse operation must be approved by the phytosanitary officials as having met and maintained the above criteria. The certificate accompanying the plants shall bear the following additional declaration: "The rooted plants (or crowns) were produced in an approved Japanese beetle free greenhouse or screenhouse and were grown in sterile, soilless media." Advance notification required (see subsection 4 above). (c) Production During a Pest Free Window. The entire rooted plant production cycle will be completed within a pest free window, in clean containers with sterilized and soilless growing medium, i.e., planting, growth, harvest, and shipment will occur outside the adult Japanese beetle flight period, June through September. The accompanying phytosanitary certificate shall bear the following additional declaration: "These plant were produced outside the Japanese beetle flight season and were grown in sterile, soilless media." Advance notification required (see subsection 4 above). (d) Application of Approved Regulatory Treatments. All treatments will be performed under direct supervision of a phytosanitary official or under compliance agreement. Treatments and procedures under a compliance agreement will be monitored closely throughout the season. State phytosanitary certificates listing and verifying the treatment used must be forwarded to Oregon via fax or electronic mail, as well as accompanying the shipment. Note that not all treatments approved in the U.S. Domestic Japanese Beetle Harmonization Plan are acceptable for Oregon. The phytosanitary certificate shall bear the following additional declaration: "The rooted plants are in soilless media and were treated to control Popillia japonica according to the criteria for shipment to category 1 states as provided in the U.S. Domestic Japanese Beetle Harmonization Plan and Oregon's Japanese beetle quarantine." Advance notification required (see subsection 4 above). (A) Dip Treatment - B&B and Container Plants. Not approved. (B) Drench Treatments - Container Plants Only. Not approved for ornamental grasses or sedges. Potting media used must be sterile and soilless, containers must be clean. Containers must be one gallon or smaller in size. Field potted plants are not eligible for certification using this protocol. This is a prophylactic treatment protocol targeting eggs and early first instar larvae. If the containers are exposed to a second flight season they must be retreated with an approved insecticide following label description for application rates: (i) Imidacloprid (Marathon 60WP). Apply one-half (0.5) gram of active ingredient per gallon as a prophylactic treatment just prior to Japanese beetle adult flight season (June 1, or as otherwise determined by the phytosanitary official). Apply tank mix as a drench to wet the entire surface of the potting media. A twenty-four (24) gallon tank mix should be enough to treat 120-140 one-gallon containers. Avoid over drenching so as not to waste active ingredient through leaching. During the adult flight season, plants must be retreated after sixteen (16) weeks if not shipped to assure adequate protection. (ii) Bifenthrin (Talstar Nursery Flowable 7.9%). Mix at the rate of twenty (20) ounces per 100 gallons of water. Apply, as a drench, approximately eight (8) ounces of tank mix per six (6) inches of container diameter. (C) Media (Granule) Incorporation - Container Plants Only. Containers must be one gallon or smaller in size. Not approved for ornamental grasses or sedges. All pesticides used for media incorporation must be mixed prior to potting and plants potted a minimum of thirty (30) days prior to shipment. Potting media used must be sterile and soilless; containers must be clean. The granules must be incorporated into the media prior to potting. Field potted plants are not eligible for treatment. This treatment protocol targets eggs and early first instar larvae and allows for certification of plants that have been exposed to only one flight season after application. If the containers are to be exposed to a second flight season they must be repotted with a granule incorporated mix or retreated using one of the approved drench treatments. Media must be treated with approved pesticides following label description for application rates approved for media incorporation: (i) Imidacloprid (Marathon 1 G). Mix at the rate of five (5) pounds per cubic yard. (ii) Bifenthrin (Talstar Nursery Granular or Talstar T&O Granular (0.2G)). Mix at the rate of 25 ppm or one-third (0.33) of a pound per cubic yard based on a potting media bulk density of 200. (iii) Tefluthrin (Fireban 1.5 G). Mix at the rate of 25 ppm based on a potting media bulk density of 400. (D) Methyl Bromide Fumigation. Nursery stock: methyl bromide fumigation at NAP, chamber or tarpaulin. See the California Commodity Treatment Manual for authorized schedules. (5) Detection Survey for Origin Certification. (a) Japanese Beetle Harmonization Plan protocol not approved. (b) Alternative approved protocol: States listed in the area under quarantine may have counties that are not infested with Japanese beetle. Shipments of commodities covered may be accepted from these non-infested counties if annual surveys are made in such counties and adjacent counties and the results of such surveys are negative for Japanese beetle. In addition, the plants must be greenhouse grown in media that is sterilized and free of soil and the shipping nursery must grow all their own stock from seed, unrooted cuttings or bareroot material. A list of counties so approved will be maintained by the State Department of Agriculture. Agricultural officials from a quarantined state or province may recommend a noninfested county be placed on the approved county list by writing for such approval and stating how surveys were conducted giving the following information: (A) Areas surveyed; (B) How survey was carried out; (C) Number of traps; (D) Results of survey; (E) History of survey; (F) If county was previously infested, give date of last infestation. If infestations occur in neighboring counties, approval may be denied. To be maintained on the approved list, each county must be reapproved every twelve (12) months. Shipments of commodities covered from noninfested counties will only be allowed entry into Oregon if the uninfested county has been placed on the approved list prior to the arrival of the shipment in Oregon. The certificate must have the following additional declaration: "The plants in this consignment were produced in sterile, soilless media in (name of county), state of (name of state of origin) that is known to be free of Japanese beetle." Advance notification required (see subsection 4 above). (6) Privately owned house plants obviously grown, or certified at the place of origin as having been grown indoors without exposure to Japanese beetle may be allowed entry into this state without meeting the requirements of subsection 4. Contact the Oregon Department of Agriculture for requirements: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301, telephone: 503/986-4644, FAX: 503/986- 4786, e-mail: quarantine@oda.oregon.gov. (7) Infested properties in Oregon: Confirmation of an infestation of Japanese beetle, European Chafer or Oriental beetle must be made by the State Department of Agriculture or an official cooperator. (a) Response plan. If the State Department of Agriculture confirms an infestation, the State Department of Agriculture will notify the property owner(s) and develop a response plan. The goal of the plan will be eradication as soon as possible. The plan may require cooperative measures by the property owner(s) to supplement measures taken by State Department of Agriculture. (b) Evidence of infestation that triggers eradication. The eradication will be required upon detection of three adult Japanese beetle detections within the same trap and within the same year, or the detection of one larva, pupa, or egg stage. Eradication may also be triggered if these parameters are not met but the department determines there is a likely risk of infestation because of total detections of Japanese beetle in an area, a high occurrence of suitable breeding habitat, or a ratio of greater detections of female to male Japanese beetles in an area. (c) Treatment. Ground treatment: Chlorantraniliprole (Acelepryn); One application per year, according to label instructions. (A) Area determination: Treat 200-meter radius centered over every confirmed catch site and treat irrigated turf areas, according to label. (B) If deemed necessary, foliar treatments with Chlorantraniliprole (Acelepryn) or other approved products will be applied during the flight period of the adult beetles, following label instructions; (8) Quarantine in Washington County: During 2016, the State Department of Agriculture detected an incipient population of the Japanese beetle in the Cedar Mill and Bethany neighborhoods in Washington County, Oregon. The State Department of Agriculture has determined that this is the largest Japanese beetle infestation ever detected in Oregon. If the Japanese beetle population in Oregon is not eradicated, damage to Oregon's agricultural industry and natural resources is estimated at up to $45 million annually. The State Department of Agriculture estimates that approximately $3.5 million (2016) in nursery product sales in Oregon could be lost because of quarantine restrictions against Oregon products if the Japanese beetle is not eradicated in Washington County. (a) The State Department of Agriculture has determined that the actions described in subsections 8(b)–(d) are necessary to prevent the spread and establishment, and to accomplish the eradication, of Japanese beetle in Washington County. (b) Areas subject to State Department of Agriculture treatment: The portions of the County of Washington described in the map that is available at: https://oda.direct/jbmap (c) Commodities covered: All life stages of the Japanese beetle, European chafer, and Oriental beetle, including eggs, larvae, pupae, and adults, as well as the following hosts or possible carriers of Japanese beetle. Soil, all growing media, humus, compost, green waste (yard debris), and manure (except when commercially packaged, and except soil samples under a federal Compliance Agreement); (A) All plants with roots; (B) Grass sod, green (living) roots; (C) Plant crowns or roots for propagation (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter); (D) Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection); and (E) Any other plant, plant part, article or means of conveyance when it is determined by the department to present a hazard of spreading live Japanese beetle due to either infestation, or exposure to infestation, by Japanese beetle. (d) Mitigation measures: The mitigation area is as described in subsection 8 (b) above. Mitigation measures will consist of approved treatments during the time of targeted life stages following label instructions. Additional treatments may be required until eradication has resulted. (9) Entry onto property to be treated is pursuant to authorities in ORS 561.510 and ORS 570.305 by consent of the owner or occupant of the property, or pursuant to an administrative warrant as may be issued by the appropriate court. The State Department of Agriculture shall seek consent to enter property before entering property and shall provide at least seventy-two (72) hours advanced notice prior to entering property to treat the premises. If consent is withheld or denied, the State Department of Agriculture may seek an administrative warrant to enter the property to treat the premises. (10) Prohibitions: All commodities covered are prohibited from leaving the Area under Quarantine described in subsection 8 (b) (Area under Quarantine) unless they have the required certification as described under subsection (4) (d). (11) Plants may be shipped from the Area under Quarantine into other counties of Oregon or outside of Oregon provided such shipments conform to one of the classifications in subsection (4) and (5) and are accompanied by a certificate issued by an authorized state agricultural official. These are treated the same way as quarantine areas outside Oregon. (12) Additional Quarantine Requirements. Sites on which Japanese beetle ( P . japonica ) has been detected and on which mitigation activities as described in subsection (8)(d) have been implemented may be eligible to ship plant materials intra- and interstate provided mitigation measures as described in subsection (4) have been conducted. The imposition of a civil penalty is subject to ORS 183.745. (13) Exceptions to Quarantine. Upon written request, and upon investigation and finding that unusual circumstances exist justifying such action, the department may issue a permit allowing entry into this state of commodities covered without meeting the requirements of subsection (4). However, all conditions specified in the permit shall be met before such permit will be recognized. (14) Violation of Quarantine. All covered commodities described in subsection (3) of this rule found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, or at the owner's option be destroyed under the supervision of the department, without expense to or indemnity paid by the department. Violation of this quarantine may result in a fine, if convicted, of not less than $500 nor more than $5,000, as provided by ORS 561.990(4). Violators may also be subject to civil penalties of up to $10,000 as provided by ORS 561.995. The imposition of a civil penalty is subject to ORS 183.745.