FEDERAL REGULATORY PROGRAM

Federal Order
On December 21, 2004, the USDA published an emergency federal order restricting movement of nursery stock from California, Oregon and Washington nurseries. The order became effective January 10, 2005. This order is the next layer in a series of orders and quarantines, including a quarantine published February 14, 2002, by the USDA (Interim Rule Ch 7 CFR 301.92) that regulated the interstate movement of P. ramorum hosts and associated hosts and other restricted articles. The rule regulated quarantined areas of California and a small area in southwest Oregon. The rule was modified by an emergency order issued on April 22, 2004, which increased the scope of the regulation to include all of California. Additional regulations will likely include parts of Canada and Europe where P. ramorum is known to occur.

The above shield signifies that a nursery in California, Oregon or Washington is certified free of Phytophthora ramorum and may ship interstate. To obtain the shield, a nursery must have a signed USDA-APHIS-PPQ compliance agreement on file with their respective state department of agriculture. The shield should be affixed, either electronically or by sticker, to paperwork accompanying interstate shipments. This is effective immediately for all Host and Associated Plant (HAP) material.

Effective sixty days after January 10, 2005, any nursery in California, Oregon and Washington that ships plants interstate, but that does not contain or ship HAP material, may not ship nursery stock until the nursery has undergone a visual inspection and it is determined there is no evidence of P. ramorum infection. The federal order requires nurseries who grow and ship interstate non-HAP material to undergo a visual inspection for the presence of P. ramorum-like symptoms when such symptoms are most likely to be expressed. Some plants may not have emerged from dormancy during the first sixty day period after January 10. Consequently, the federal order allows inspectors an additional sixty days to inspect plants that emerge from dormancy for P. ramorum-like symptoms. If an inspection, or subsequent testing, indicates P. ramorum is not present, then the state shall list the nursery as approved for shipping. Nurseries growing and shipping non-HAP material do not need a USDA shield to ship such material.


Oregon as a Model for USDA Developed State Program
The USDA is currently reviewing and amending the regulations for P ramorum. Part of the new rules will include a new plant certification program, relying on individual states to conduct official “state nursery stock cleanliness programs” (SNSCPs). These programs must meet all the conditions and requirements of the federal quarantine, and be approved by the USDA. Oregon, through its industry-supported and mandatory 100% inspection program, serves as a model for this new approach and is uniquely qualified to become the first state to pursue a SNSCP. Through partnerships with Oregon State University and the USDA ARS, production methods will be developed, tested and verified. These methods will provide peer-reviewed and scientific evaluation of the SNSCP and help drive its successful implementation.


Congressional Assistance
The Oregon nursery industry owes a debt of gratitude to Congressman Greg Walden and Congresswoman Darlene Hooley for their active support and advocacy in Congress and before the USDA. Hooley and Walden joined forces to interact with the USDA in a manner that allowed for thoughtful development of national P. ramorum guidelines. The Oregon Association of Nurseries is grateful for their willingness to advocate on our behalf.

 

Copyright 2004