OAR 603-052-0450: Quarantine; Cherry Bark Tortrix

(1) Establishing a Quarantine. A quarantine is established against the pest known as cherry bark tortrix, Enarmonia formosana (Scopoli). (2) Areas Under Quarantine. The entire state of Washington, the province of British Columbia, and any other state, territory or province where the presence of an established population of cherry bark tortrix is confirmed and effective eradication procedures have not been implemented, as determined by the Director of the Oregon Department of Agriculture. In Oregon, Multnomah and Clackamas counties. (3) Commodities Covered. The cherry bark tortrix, Enarmonia formosana (Scopoli); host plants of the cherry bark tortrix, including all species of the genera, Crataegus, Cydonia, Malus, Prunus, Pyracantha, Pyrus and Sorbus; and unseasoned firewood derived from trees of these host plant genera. Uninfested nursery stock plants of these genera that are less than two inches in diameter are exempted from the quarantine. (4) Restrictions. Regulated commodities shall not be shipped or moved directly or indirectly from the regulated areas into the state of Oregon unless accompanied by a permit or certificate issued by a state or federal agriculture official from the regulated area and based upon the following conditions: (a) The regulated plants have been grown in a screened greenhouse or screenhouse adequate to exclude the adults of cherry bark tortrix; or (b) Such regulated plants have been treated in accordance with a fumigation schedule approved in writing by the Director of the Oregon Department of Agriculture; or (c) Each dormant, defoliated, regulated host plant shall be inspected by an authorized agricultural official of the regulated state or province for the presence of cherry bark tortrix and found free of any evidence of infestation by that pest; (d) Portions of states or provinces listed in the area under quarantine may have counties that are not infested with cherry bark tortrix. Shipments of covered commodities may be accepted from these noninfested counties if annual surveys are made in such counties and the results of such surveys are negative for cherry bark tortrix. A list of counties so approved will be maintained by the Oregon Department of Agriculture. Agricultural officials of a quarantined state or province may recommend a noninfested county be placed on the approved county list by writing for such approval and giving the following information: areas surveyed, how the survey was carried out, personnel involved and, if the county was previously infested, date of last infestation. If heavy 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 and covered commodities 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. (5) Persons shipping regulated commodities into the state of Oregon must comply with Oregon's notification requirement for imported tree and shrub nursery stock, OAR 603-054-0027. (6) The person to whom the regulated commodities are shipped shall hold the articles until they are inspected and released by a duly appointed inspector of the state of Oregon.