OAR 603-052-0385: Malheur County Bean Disease Control Area and Procedures

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the bean seed industry in the following described area through the eradication or control of seedborne bacterial diseases, specifically: Halo Blight caused by Pseudomonas savastanoi pv. phaseolicola (= P. phaseolicola); Common Bean Blight caused by Xanthomonas axonopodis pv. phaseoli (= X. phaseoli and X. phaseoli var. fuscans); Bacterial Brown Spot caused by Pseudomonas syringae pv. syringae (only strains virulently pathogenic to Phaseolus sp.); Bacterial Wilt caused by Curtobacterium flaccumfaciens pv. flaccumfaciens (= Corynebacterium flaccumfaciens); Anthracnose caused by Colletotrichum lindemuthianum (teleomorph = Glomerella lindemuthiana), soybean cyst nematode caused by Heterodera glycines, Asian soybean rust caused by Phakopsora pachyrhizi, or any variations or new strains of these diseases, which are recognized as virulently pathogenic and seedborne, and/or a potential threat to seed production, all of which are hereafter referred to as diseases of beans; such control area includes all of Malheur County, Oregon. (2) The following methods of control are declared to be the proper methods to be used in the control area described in section (1) of this rule, for the control and prevention of the introduction of diseases of beans. All non-Phaseolus species beans, from whatever source, used for planting purposes within Malheur County must meet the requirements as dictated in Section 7 of this rule. All Phaseolus species bean seed from whatever source, used for planting purposes within Malheur County are subject to the following: (a) Phaseolus species bean seed grown in Malheur County for planting in Malheur County: (A) Shall be certified in accordance with the procedures and provisions of section (3) of this rule; (B) Shall have a Malheur County planting certificate number assigned by the Department; (C) Shall have been Departmentally inspected or bear approved tags; and (D) Shall have been grown and inspected for two consecutive preceding generations in Malheur County under rill irrigation prior to growing under sprinkler irrigation. (b) Imported bean seed grown west of the Continental Divide in the contiguous states: (A) May not be grown under sprinkler irrigation in Malheur County; (B) Must have an approved phytosanitary certificate from the state of origin affirming freedom from the diseases listed in section (1) of this rule, based on growing season and windrow inspection, this seed may be planted in Malheur County only with the prior approval of the Department and provided that each field planted within Malheur county is submitted for Departmental inspections; and (C) Shall successfully pass standard testing methods conducted by the Department from officially drawn samples; except (D) Idaho grown bean seed shall be exempt from the requirements of this paragraph provided that: (i) It has been certified for in-state planting by the Idaho State Department of Agriculture; (ii) It bears Idaho State Department of Agriculture inspected or approved tags; (iii) It is certified by the Idaho State Department of Agriculture or their official cooperator to have been grown and inspected for two consecutive preceding generations in Idaho under rill irrigation prior to planting for growing under sprinkler irrigation in Malheur County; (iv) Imported bean seed grown east of the Continental Divide in the contiguous states or in foreign countries or otherwise ineligible for planting in Malheur County may be planted in Malheur County only on Departmentally approved Trial Grounds, and are subject to the provisions of section (6) of this rule. (3) All bean fields in Malheur County shall be subject to entry and inspection by the Department. Growing season inspections of all bean fields shall be done as many times as deemed necessary by the Department, in accordance with the following: (a) Bean fields grown for seed to be certified for planting in Malheur County shall be inspected by the Department during the growing season and in the windrow, including: (A) Such bean fields grown under rill irrigation shall be inspected a minimum of one time during the growing season before plants mature seed, and again in the windrow; (B) Such bean fields grown under sprinkler irrigation shall be inspected a minimum of two times during the growing season before plants mature seed, and once in the windrow; and, (C) The tolerance for the diseases (identified in section (1) of this rule) in any field or part thereof for seed to be certified for planting in Malheur County shall be zero. (b) Bean crops requiring field inspections to qualify for phytosanitary certifications shall be subject to the same inspection requirements and tolerances as set forth in subsection (a) of this section; (c) Oregon State University certification inspections may replace the Departmental inspections for certification of seed for planting in Malheur County, if appropriate growing season and windrow inspection requirements as set forth in subsection (a) of this section are met; (d) Every grower, seed company, or handler of bean seed for planting crops to be grown in Malheur County shall submit his written request to the Department to make the inspections required under this Bean Disease Control Area Order, on or before July 1 of each year. Such written request shall include acreage, general location of field, method of irrigation, name and address and telephone number of applicant. (4) Eradication methods used shall only be those approved by the Department, including: (a) Any bean seed found or known to be contaminated with disease which is now within the boundaries of Malheur County shall not be planted in Malheur County; (b) Any bean fields within the boundaries of Malheur County which show contamination of disease shall be destroyed in part or in total as may be required to eliminate the presence of disease in the field, by and at the expense of the grower, or landlord, or his authorized agents. Seed harvested from any commercial or garden beans first found infected during windrow inspection shall not be eligible for certification for replanting. The Department shall notify the grower, or landlord, or his authorized agents, of the method and extent of destruction and any safeguards to be taken against disease spread; (c) The true identity of a regulated disease on growing plants or plants in the windrow will be based upon the observance of symptoms of a regulated disease and, when necessary to establish identity or pathogenicity, standard testing methods to be conducted by the Department, including: (A) The definitive verification of identity or pathogenicity shall include isolation of the suspected pathogen and inoculation of seedlings of a known susceptible host; (B) Until verification of the suspected pathogen is completed the involved planting shall be placed under quarantine for a period of 30 days subject to review or extension as determined by the Department, and entry to the quarantined area shall be restricted to the grower, his agents, the Departmental officials, or persons authorized in writing by the Department, who shall be required to take all necessary sanitary precautions, as prescribed by the quarantine order, to safeguard against the possible spread of the suspected regulated disease; and (C) The true identity of a regulated disease when found in or on seed shall be based on standard laboratory testing methods, the positive results of which shall be conclusive that the plants are subject to this control order, unless the owner of the seed requests verification of pathogenicity to be performed at his expense. (d) When any regulated disease is verified by the Department, the grower or seed company shall be notified by the Department of such findings, and shall have 48 hours to view the involved planting or laboratory results prior to any action being taken by the Department. (5) Exemption and special situations to these requirements are as follows: (a) Beans for processing or fresh consumption are exempt from destruction if the diseased portion of the field is destroyed or harvested within five days after first detection or laboratory verification of the disease, and the crop residue is promptly and completely plowed under after harvest; (b) A field contaminated with brown spot (P. syringae pv. syringae) may be eligible for a Special Permit as dictated in Section 8 of this rule and at the discretion of the Department. (6) Trial Grounds are defined as parcels of land approved by the Department to be set aside for research, testing, or increase of: bean seed grown on Trial Grounds in Malheur County during previous seasons; bean seed eligible for planting in Malheur County; or bean seed otherwise ineligible for planting within the Malheur County. Trial Grounds shall be utilized in accordance with the following: (a) They shall be under the supervision of technically trained personnel approved by the Department; (b) The land upon which they are situated shall be owned or leased by the grower and, if leased, a copy of the lease shall accompany the application for approval; (c) Applications for approval shall be submitted to the Department prior to May 20 of any year and shall contain: (A) The name of supervisor in charge; (B) The location and size of the Trial Ground; and (C) A detailed varietal planting plan (if the original planting plan is changed, the Department shall be notified). (d) An applicant may have more than one Trial Ground approved, provided a separate application is submitted for each Trial Ground and provided it meets the requirements of this section; (e) Any seed grown on Trial Grounds to be released to farmer growers for replanting within Malheur County or requiring phytosanitary certification shall meet the inspection requirements of section (3) of this rule; (f) All information submitted with the approval applications shall be deemed to be confidential under ORS 192.500(1)(b) and (c); (g) Experimental Plots are defined as subdivision areas within Trial Grounds used for the introduction of imported seed otherwise ineligible for planting in Malheur County. A maximum of one pound of bean seed per variety may be planted in an Experimental Plot without standard testing, except as noted in this section; (h) Introduction Plots are defined as subdivision areas within Trial Grounds used for the introduction or increase of imported bean seed grown east of the Continental Divide or in foreign countries, imported bean seed from west of the Continental Divide not meeting the requirements of section (2) of this rule, any bean seed previously grown in Malheur County, or any bean seed eligible for planting in Malheur County. A maximum of two (2) acres per variety in any given year may be planted in an Introduction Plot. Imported seed shall have successfully passed standard testing methods conducted by the Department from officially drawn samples prior to planting. Only one Introduction Plot may be maintained by a holder of more than one approved Trial Ground; (i) Trial Grounds shall be subject to the following restrictions and inspection procedures: (A) All machinery used in production of bean seed on Trial Grounds shall be disinfected to the satisfaction of the Department prior to the movement to other bean field; (B) There shall be a minimum of four growing season and one windrow inspection, by the Department, for which the fees and charges will be $7.50 per acre (or fraction thereof) per inspection of seed from east of the Continental Divide or foreign countries; and $3.50 per acre (or fraction thereof, see OAR 603-045-0315) per inspection of seed from west of the Continental Divide; and (C) If disease is found on Trial Ground, none of the seed produced on that Trial Ground may be certified but shall under go one additional year of Trial Ground growing to assure that contamination did not occur. (7) Non-Phaseolus species beans grown in Malheur County for planting must meet the following conditions: (a) Requirements for planting non-Phaseolus species beans in Malheur County: (A) Malheur County origin seeds are from a lot that has been inspected in accordance with these rules and has been issued official inspected or approved tags; (B) Idaho-grown non-Phaseolus species bean seed shall be exempt from the requirements of this paragraph provided that: (i) It has been certified for in-state planting by the Idaho State Department of Agriculture; (ii) It bears Idaho State Department of Agriculture inspected or approved tags; (iii) It is certified by the Idaho State Department of Agriculture or their official cooperator as having been inspected in the growing season and pre-harvest or in the windrow for diseases of bean. (C) Imported seed from areas other than Idaho must be certified and issued official tags by the seed certification agency of the state of origin and be accompanied by an official state phytosanitary certificate verifying the seed was inspected, tested, and found free of diseases of bean and verifying the seed is free of soil. (b) Every grower, seed company, or handler of non-Phaseolus species bean seed for planting crops to be grown in Malheur County shall submit his written request to the Department to make growing season and pre-harvest or windrow inspections on or before July 1 of each year. Such written request shall include acreage, general location of field, method of irrigation, name and address and telephone number of applicant. (c) The tolerance for the diseases of bean in any field or part thereof for non-Phaseolus bean seed to be certified for planting in Malheur County shall be zero. Eradication of said diseases of bean shall be performed as described in section (4) of this rule. (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 Special 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 the regulated pests as described in Section 1 of this rule. (9) Review of quarantine: The Department and other interested parties shall review the quarantine requirements biennially for accuracy and effectiveness.