OAR 603-052-1075: Control Area for Emerald Ash Borer

(1) Definitions (a) “Nursery Stock” means plants and plant parts there of, including but not limited to roots, scions, grafts, cuttings, forest and ornamental trees and shrubs and plants collected in the wild that are grown and kept for proprogation or sale. (b) “Certificate of Control Area Compliance” means a document authorized or prepared by the Department that certifies that, for a specific time period, the holder was operating in accordance with a Compliance Agreement. (c) “Control Area” means any portion of Oregon described in section (3) of this rule. (d) “Compliance Agreement” means a written agreement between a person and the Department to achieve compliance with this rule. (e) “Department” means the Oregon Department of Agriculture. (f) “Firewood” means any whole or split pieces of wood less than 48 inches (1.2 meters) in length or cut into a form and size appropriate for use for fuel wood uses, such as home heating or campfires. Compressed wood bricks, pellets, and other processed wood products used for fuel wood uses are excluded from this definition. (g) “Log” means any whole or split pieces of wood longer than 48 inches (1.2 meters) in length. (h) “Move” and “movement” mean shipped, transported, carried; held or offered for shipment, transport, or carriage; or received for shipment, transport, or carriage. (i) “Scion Wood (Bud Wood)” means mature dormant shoots, usually of the previous year’s growth, used for grafting. The scion is the part of the grafted plant that will produce the plant’s shoots. (j) “State Official” means an employee of the Oregon Department of Agriculture or other designated individual authorized to enforce the provisions of this rule. (k) “State Phytosanitary Certificate” means a document issued by a certified state official that verifies that plants have been inspected and are free from pests, pathogens, and invasive weeds of concern to the importing state or country. (2) This rule establishes a Control Area for all life stages of emerald ash borer ( Agrilus plannipenis , Fairmaire), as well as its hosts and possible carriers, to slow its spread throughout Oregon. (3) Extent of Control Area: Washington County and any other county in Oregon where emerald ash borer has been confirmed by the Department or an official cooperator. (4) Covered commodities: (a) This Control Area applies to the following hosts or possible carriers of emerald ash borer: (A) All plants and plant parts of the genus Fraxinus (ash) and Chionanthus virginicus (white fringe tree), and Olea spp (olive). Plant parts include, but are not limited to: Logs; green lumber; nursery stock; scion wood; chips and mulch; stumps; roots; and branches. Olive fruit is exempt. (B) Firewood of any non-coniferous (hardwood) species. (C) Any article, product, or means of conveyance that a State Official determines to present a risk of spread of emerald ash borer and notifies the person in possession of that article, product, or means of conveyance is subject to the restrictions of this rule. (b) This Control Area does not apply to: seeds; leaves; processed lumber that is free of bark and material to 1-inch below the bark or kiln dried with squared edges; commercially composted material; or finished wood products without bark, including furniture, baskets, and baseball bats. (5) Restrictions on covered commodities (a) The movement of covered commodities within the Control Area is allowed without restriction. (b) The movement of covered commodities from the Control Area to a location in Oregon that is not part of the Control Area is prohibited, unless covered by one of the following: (A) Covered commodities are transported out of the quarantined area during the adult emerald ash borer dormant period (October 16 – April 30) and commodities are processed by receiver according to state approved standards for mitigating emerald ash borer before May 1. Nursery stock may only be moved under a compliance agreement. Material that is mulched or chipped to less than 1 inch in two dimensions, may be moved at any time and does not require a compliance agreement. (B) [BC*O1] Compliance Agreement and Certificate of Control Area Compliance. The covered commodity was treated, grown, produced, manufactured, and stored, as applicable, by a facility operating under a Compliance Agreement, and the facility holds a Certificate of Control Area Compliance that is valid on the date or dates on which the covered commodities are moved. The point of origin shall be indicated on the bill of lading, invoice, or other shipping documents. The Certificate of Control Area Compliance shall be attached to or associated with the covered commodities and shall remain on or with the covered commodities until such commodities reach their destination. The Certificate of Control Area Compliance shall be retained by the recipient along with shipping documents. (C) State Phytosanitary Certificate. The covered commodity is transported under a State Phytosanitary Certificate certifying that the covered commodity has been inspected and that to the best of the knowledge of the inspecting official, the covered commodity has been grown, produced, manufactured, and stored, as applicable, in a manner that prevents the commodity from presenting a risk of spreading emerald ash borer. (c) Covered commodities that originate in a location that is not part of the Control Area may move through the Control Area without a Certificate of Control Area Compliance or State Phytosanitary Certificate if all of the following conditions are met: (A) The covered commodity is safeguarded in an enclosed vehicle or with adequate covering against infestation during the emerald ash borer’s flight period (May 1 through September 30); and (B) The point of origin of the covered commodity is specified on the waybill, invoice, or shipping document that accompanies the shipment; and (C) The vehicle or means of conveyance moves through the Control Area without stopping, except for dropping off loads, refueling, or traffic conditions such as traffic lights and stop signs. (d) Covered commodities may move from a location that is not part of the Control Area into the Control Area. Once a covered commodity has entered the Control Area, it is subject to the conditions and requirements of this rule. If covered commodities are stored, packed, or handled at receiving locations in a way that is approved by a State Official as not posing a risk of infestation by emerald ash borer, then covered commodities may be moved with written approval from the Department. (5) Exceptions: The Department, upon written request, may issue a special permit allowing the movement of covered commodities not otherwise eligible for movement under the provisions of this rule. Movement of such articles 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. (6) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and subject the violator to the penalty provisions of ORS 570.990 and 570.995, including civil penalties of up to $10,000. [BC*O1] Unclear how to control this.