BLACK STEM RUST MANUAL 

Draft April 10, 2002 

INTRODUCTION 

Overview 

This Black Stem Rust (BSR) Manual is designed to aid state personnel in regulating the 

movement of the following plant genera: 

Berberis (B) 

Mahonia (M) 

Mahoberberis (MH) 

Purpose 

This manual has the following purposes: 

• It describes the procedures for certifying the movement of the following plant genera: 

-- Berberis 

-- Mahonia 

-- Mahoberberis 

The procedures govern the movement of BM&MH from regulated and unregulated states 

within, into and through states regulated by 7CFR 301.38. 

• It governs the procedures for preparing and shipping questionable varieties of BM&MH for 

identification and testing. 

• It provides material to aid you in identifying BM&MH. 

• Botanical characteristics 

• An identification key 

• Photographic plates illustrating some common resistant and susceptible varieties of 

BM&MH 

• It gives you general information about Black Stem Rust in the United States. 

The procedures for moving BM&MH within, to and through protected states are a guide for state 

personnel enforcing 7CFR 301.38.. They also ensure that all state inspectors consistently and 

uniformly apply safeguard measures regulating the movement and distribution of BSR. Effective 

use of this manual will help prevent the introduction of susceptible varieties of BM&MH into 

protected areas. In addition to identification and procedural material, there are appendices to give 

supplemental information. 

Roles and responsibilities: 

Inspectors: 

• Visit nurseries on a regular basis to check invoices, shipping orders, inventory lists, and the 

premises for resistant and susceptible BM&MH. 

• Explain the provisions of 7CFR 301.38, The Black Stem Rust Quarantine. 

• Schedule and perform and environs survey whenever appropriate. 

• Keep a record of the environs survey with the nursery file. 

• Track which nurseries are producing and/or selling BM&MH. 
• Certify resistant BM&MH for movement. 

• Refuse to certify susceptible BM&MH for movement. 

• Remove and destroy susceptible BM&MH in regulated states. 

• Issue compliance agreements for BM&MH movement within and/or to protected states when 

appropriate. 

• Send BM&MH for identification and testing when appropriate. 

State supervisory personnel 

• Act as liaison between field personnel and the following individuals: 

-- BM&MH identification specialists 

-- Cereal Rust Laboratory (testing for susceptibility) 

-- Federal Plant Protection and Quarantine personnel 

-- Training personnel at the Professional Development Center 

• Assist operators in answering questions and in problem solving 

• Monitor work and review certificates issued by inspectors. 

• Inform inspectors about changes in the program operation. 

• Evaluate the BSR Manual and program operations 

• Report procedural improvement suggestions to Federal Plant Protection and Quarantine 

personnel. 

Federal Cooperators 

• Revise the Federal Quarantine to meet the needs of the Black Stem Rust Program. 

Compliance Agreement (CA) 

A CA permits a nursery representative to send multiple shipments of BM&MH to authorized 

locations. The nursery representative can affix a certificate or label, or stamp on the package 

without the inspector being present. NOTE: The shipment must be inspected and approved by the 

state inspector prior to certification and shipment. 

The BSR regulations, 7CFR 301.38-6 authorizes CA’s for use with Limited Permits or 

Certificates. With the first shipment the shipping nursery should enclose the description of the 

cultivars for identification. 

Limited Permits: 

Limited permits may be issued, either individually or under compliance agreement, for regulated 

articles not eligible for certification when the applicant can meet the following conditions: 

1. The destination(s) to which the regulated articles to be moved must be specified on the 

limited permit. 

2. The destination(s) to which the regulated articles are to be moved must be outside of a 

protected area. 

3. The regulated articles to be moved must be placed in a closed sealed container that prevents 

unauthorized removal of the regulated article and the container must remain sealed until the 

regulated article reaches the final destination state on the limited permit. 

4. At the final destination, the sealed container must be opened only in the presence of an 

inspector or with the authorization of an inspector obtained expressly for that shipment. 
These conditions can be met in a variety of ways. It will be up to the inspector issuing the limited 

permits or drawing up the compliance agreement to assure that the agreements section of the 

compliance agreement contains language sufficient to insure that the four conditions stated above 

are met. 

Certificates: 

A document which allows the unregulated movement of resistant varieties and cultivars of 

BM&MH within and into protected states. There are five types of certificates: 

• A certificate PPQ form 540 

• A sticky back label PPQ form 527 

• A stamp (rubber stamp provided by the PPQ State Plant Health Director 

• Authorized imprint on shipping documents. 

• Certificate of Quarantine Compliance 

For a shipper or nursery representative to receive a certificate, the BM&MH must meet the 

following conditions: 

If the BM&MH specimen for shipment is: Then the specimens must meet the following 

conditions specified in the nursery inspection 

manual: 

Seed Step 3 and Step 5 

Cutting or plant Step 3, Step 4 and Step 6 

Type of certification for the shipment: 

If the individual plants or pots are: Certificate may be: 

Labeled or tagged A stamp affixed to the shipping document 

Not labeled or tagged Affix a sticky back label or other certification 

evidence to each pot or plant. 
INSPECTING NURSERIES IN STATES PROTECTED BY 7CFR 301.38 (BLACK STEM 

RUST QUARANTINE) 

Methods and Procedures 

Prior to shipping BM&MH within the State or to a protected State, a nursery representative must 

notify the State inspector. The State inspector will then go to the nursery to certify movement. 

Step 1—Explaining the Provisions of 7CFR 301.38 

Give a copy of 7CFR 301.38 to the nursery representative, and using the information therein, 

explain the provisions to him or her. See Appendix ___ for a copy of 7CFR 301.38. 

Step 2 – Reviewing Invoices, Shipping Orders, and Inventory Lists 

1. Review all invoices, shipping orders, and inventory lists for incoming and outgoing shipment 

since your last visit to the nursery. 

2. Record the following kinds of shipments: 

--BM&MH shipped intrastate 

-- BM&MH shipped to a State regulated for black stem rust 

-- BM&MH scheduled to be shipped intrastate 

-- BM&MH scheduled to be shipped to a State regulated for black stem rust 

3. Ask the nursery representative if there are any BM&MH on the premises other than those 

listed on the invoices, shipping orders, and inventory lists. If there are other BM&MH, ask 

the nursery representative to show them to you. 

Step 3 – Determining if Each Variety is Correctly Named 

Use the following instructions to determine variety resistance/susceptibility 

Step 3a – Comparing names with 7CFR 301.38: 

Compare the species/variety name(s) on the invoices, shipping orders, and inventory lists with the 

names listed in 7CFR 301.38. Then, check the premises for unreported BM&MH nursery stock. 

See Step 3b. 

If you find the name: Then classify the BM&MH as a: 

Listed in 7CFR 301.38 Resistant variety 

Not listed in 7CFR 301.38 Susceptible variety 

 
3a.2 –Result of Comparison 

If you have a: And the BM&MH is a: Then: 

Resistant variety Seed Go to Step 5a 

Resistant variety Cutting or Plant Go to Step 6a 

Susceptible variety Seed 1. CLASSIFY as susceptible 

variety 

2. Place a “HOLD” on the 

shipment. 

3. REFUSE to certify seed 

for movement. 

4. DETERMINE the origin 

of the seed. 

5. With your supervisor’s 

concurrence, ORDER the 

seed destroyed. 

6. DOCUMENT your action 

in the usual manner. 

Susceptible variety Cutting or plant 1. CLASSIFY as a 

susceptible variety. 

2. Place a ‘HOLD” on the 

shipment. 

3. REFUSE to certify. 

4. GIVE the nursery 

representative the option 

of destruction of the 

shipment OR sending the 

shipment for identification 

and testing under a limited 

permit. When sending 

material for identification, 

refer to the identification 

section page number. 

When sending material for 

testing, refer to the testing 

section page number. 

Step 3b – Scouting Nursery Premise to Locate BM&MH 

After you have completed your inspection and certification of the BM&MH lsited on the 

invoices, shipping orders and inventory lists, scout the rest of the nursery looking for unreported 

BM&MH stock. 

If you find: And the nursery has: Then 

Unreported BM&MH A compliance agreement Go to Step 3a1. 

With your supervisor’s 

concurrence, REVOKE the 

compliance agreement 

 No compliance agreement Go to Step 3a 

Only reported BM&MH Go to Step 4 
Step 4 – Determining if Plants and Cuttings Meet Age Requirement 

If the genus is: And is a: And shows: Then: 

Berberis Cutting or a plant At least 2 year’s 

growth 

Go to Step 6 

Berberis Cutting or a plant Less than 2 year’s 

growth 

REFUSE TO 

CERTIFY until age 

requirement is met 

Berberis Seed Go to Step 5 

Mahonia or 

Mahoberberis 

Cutting or a plant At least 1 year’s 

growth 

Go to Step 6 

Mahonia or 

Mahoberberis 

Cutting or a plant Less than 1 year’s 

growth 

REFUSE TO 

CERTIFY until age 

requirement is met 
Step 5 – Ensuring Seeds are True to Type 

When the nursery intends to market BM&MH seeds within or into protected states, you must 

perform an environs survey or determine the parentage of the seed. 

Step 5a – Determining the Origin of the Seed: 

If the variety name is: And the seed was: And: Then: 

Listed in 7CFR 

301.38 

Produced at the 

nursery you are 

inspecting 

 Go to Step 5b and 

perform an environs 

inspection 

Listed in 7CFR 

301.38 

Not produced at the 

nursery you are 

inspecting 

Produced at a certified 

seed source 

Go to Step 7 to certify 

shipment 

Listed in 7CFR 

301.38 

Not produced at the 

nursery you are 

inspecting 

Produced at an 

unknown source 

Go to Step 5b to 

verify thatparaentage 

is from resistant stock 

Listed in 7CFR 

301.38 

Not produced at the 

nursery you are 

inspecting 

Produced at 

uncertified source 

1. CLASSIFY as a 

susceptible 

variety. 

2. REFUSE to 

certify seed for 

movement. 

3. DETERMINE 

the origin of the 

seed. 

4. With your 

supervisor’s 

concurrence, 

ORDER the seed 

destroyed. 

Not listed in 7CFR 

301.38 

 1. CLASSIFY as a 

susceptible 

variety. 

2. REFUSE to 

certify seed for 

movement. 

3. DETERMINE 

the origin of the 

seed. 

With your 

supervisor’s 

concurrence, ORDER 

the seed destroyed. 
Step 5b – Determining whether the Seeds are Resistant or Susceptible and Taking the Appropriate 

Action: 

If you need to: And: Then: 

Perform an environs survey 

(see Step 5c for details) 

You find no BM&MH or only 

resistant varieties within 1⁄2 

mile of the nursery in any 

direction 

Go to Step 7 to certify 

shipment 

Perform an environs survey 

(see Step 5c for details) 

 

You find one or more 

susceptible varieties of 

BM&MH within 1⁄2 mile of the 

nursery in any direction* 

1. CLASSIFY seed as a 

susceptible variety. 

2. REFUSE to certify seed 

for movement. 

3. DETERMINE the origin 

of the seed. 

4. With your supervisor’s 

concurrence, ORDER the 

seed destroyed. 

5. REMOVE AND 

DESTROY the 

susceptible plants, when 

applicable. 

6. DOCUMENT your action 

in the usual manner. 

Verify that parentage is from 

resistant stock 

The parentage is unknown or 

known to be susceptible 

 (see above actions 1-6) 

Verify that parentage is from 

resistant stock 

The parentage is known to be 

resistant 

Go to Step 7 to certify 

shipment 

• To certify seed or plants grown from seed produced at that nursery, all susceptible varieties of 

BM&MH must have been removed from the area surrounding the nursery 1⁄2 mile in any 

direction. That removal must have taken place before seed production. If the nursery 

representative wants to certify BM&MH seed and environs survey must be performed at least 

once a year prior to bloom. A record of the survey should be maintained in the nursery file. 

Step 5c – The Environs Survey 

5c.1—Performing the environs survey 

If a nursery wants to market seed of their own production or plants grown from seed of their own 

production, then survey the environs for BM&MH. 

a. Require the BM&MH seed-producing nursery to request the state inspector to perform the 

environs survey. The environs survey should be conducted prior to bloom that produces the 

seed requiring certification. 

b. Inform the nursery representative that you will be conducting a survey. 

c. Look for BM&MH within 1⁄2 mile of the nursery in all directions. 

d. Remove all susceptible varieties of BM&MH found during your environs survey. 

e. Keep record of the environs survey with the nursery file. 

f. Perform an environs survey every 5 years as long as the nursery is producing BM&MH seed 

or plants grown from their own seed. 
Step 5c.2 – Timing for Environs Survey 

If the nursery 

representative: And: And you find: Then: 

Has collected the 

seeds for 

marketing/shipping 

You perform the 

environs survey 

before the BM&MH 

blooms 

Susceptible varieties 

of BM&MH which 

you remove and 

destroy** 

1. INFORM the 

nursery 

representative that 

the seed is not 

certifiable. Seed 

produced this fall 

will be certifiable. 

2. CLASSIFY seed 

as a susceptible 

variety. 

3. REFUSE to 

certify seed for 

movement. 

4. DETERMINE the 

origin of the seed. 

5. DESTROY the 

seed with your 

supervisor’s 

concurrence. 

6. DOCUMENT 

your action in the 

usual manner. 

Has collected the 

seeds for 

marketing/shipping 

You perform the 

environs survey after 

the BM&MH blooms 

Susceptible varieties 

of BM&MH which 

you remove and 

destroy 

See above actions 1-6 

Has collected the 

seeds for 

marketing/shipping 

You perform the 

environs survey after 

the BM&MH blooms 

Only resistant 

varieties of BM&MH 

CERTIFY the seed for 

movement. 

Is planning to collect 

seeds in the fall 

 Go to Step 5c.2 

Note: An environs survey must be performed at least once every five years. Whenever you find 

susceptible varieties of BM&MH during the environs survey you must remove and destroy those 

susceptible plants. 
Step 5c.3 – Timing (continued) 

If the nursery 

representative: And: And you find: Then: 

Is planning to collect 

seeds in the fall 

You perform the 

environs survey 

before the BM&MH 

blooms 

Only resistant 

varieties of BM&MH 

or susceptible 

varieties which you 

remove and destroy 

INFORM the nursery 

representative that the 

seed collected in the 

fall will be certifiable. 

 You perform the 

environs survey after 

the BM&MH blooms 

Only resistant 

varieties of BM&MH 

INFORM the nursery 

representative that the 

seed collected in the 

fall will be certifiable 

 You perform the 

environs survey after 

the BM&MH blooms 

Susceptible varieties 

of BM&MH which 

you remove and 

destroy 

INFORM the nursery 

representative that 

seed collected in the 

fall will not be 

certifiable. However 

seed collected the next 

calendar year will be 

certifiable 

Note: An environs survey must be performed at least once every five years. Whenever you find 

susceptible varieties of BM&MH during the environs survey you must remove and destroy those 

susceptible plants 
Step 6 – Ensuring Plants and Cuttings are True to Type 

When a nursery intends to market within or into protected states, visually inspect each variety of 

BM&MH for consistency of characteristics. 

Step 6a – Preliminary check of cuttings and plants. 

If the variety name is: And the plants were grown 

from: Then: 

Listed in 7CFR 301.38 Seed produced at that nursery 1. PERFORM an environs 

survey – see Step 5c for 

details 

2. GO to Step 6b after 

completing the environs 

survey 

Listed in 7CFR 301.38 Seed produced at another 

nursery or the plants were not 

grown from seed 

1. DETERMINE the source 

2. GO to Step 6b 

Not listed in 7CFR 301.38 1. CLASSIFY as a 

susceptible variety. 

2. Place A HOLD on the 

shipment. 

3. REFUSE to certify 

shipment. 

4. GIVE the nursery 

representative the option 

of destroying the 

shipment; or, sending the 

shipment for identification 

and testing under a limited 

permit. 

5. TELL the nursery 

representative that 

identification and testing 

may take more than two 

years. 

6. If identification was 

chosen, then after the ID is 

made, start at the 

beginning of this table 

after contacting your 

supervisor. 

7. DOCUMENT you action 

in the usual manner. 
Step 6b – Determining the Origin of Plants and Cuttings 

If you have: And you found: And: Then: 

Performed an 

environs survey 

Susceptible varieties 

of BM&MH which 

you remove during 

the survey 

 1. CLASSIFY as susceptible 

variety. 

2. Place a HOLD on the 

shipment. 

3. REFUSE to certify 

shipment. 

4. DESTROY shipment with 

concurrence of your 

supervisor. 

5. DOCUMENT you action in 

the usual manner. 

Performed an 

environs survey 

No BM&MH or 

only resistant 

varieties 

 Go to Step 6c 

Determined the 

source 

The source is 

certified 

 Go to Step 6c 

Determined the 

source 

The source is 

unknown 

The parentage is 

resistant 

Go to Step 6c 

Determined the 

source 

The source is 

unknown 

The parentage is 

unknown or the 

parentage is 

susceptible 

1. CLASSIFY as a 

susceptible variety. 

2. Place a HOLD on the 

shipment. 

3. REFUSE to certify 

shipment. 

4. GIVE nursery 

representative the option of 

destroying the shipment OR 

sending the shipment for 

identification and testing 

under limited permit. 

5. TELL the nursery 

representative that 

identification may take 

more than 2 years. 

6. If identification is chosen, 

then after the ID is made 

start at the beginning of this 

table after contacting your 

supervisor. 

7. Document your action in 

the usual manner. 

Determined the 

source 

The source is not 

certified 

 Refer to 1 through 7 in the 

block above 
Step 6c – Determining Whether the Plants and Cuttings are Resistant or Susceptible and Taking 

the Appropriate Action 

If the plant variety: And: Then: 

Shows only resistant 

characteristics 

 Go to Step 7 to certify the shipment 

Shows only 

susceptible 

charateristics 

 1. CLASSIFY the variety as susceptible. 

2. Place a HOLD on the shipment. 

3. REFUSE to certify the shipment. 

4. ORDER the plants and cuttings 

destroyed. 

5. DOCUMENT your action in the usual 

manner. 

Shows both resistant 

and susceptible 

characteristics 

Two percent or more of 

the plants and cuttings 

show susceptible 

characteristics 

Refer to 1 through 5 on the block above. 

Shows both resistant 

and susceptible 

characteristics 

Less than two percent of 

the plants and cuttings 

show susceptible 

characteristics 

1. ROUGE out all plants and cuttings that 

show susceptible characteristics. 

2. CLASSIFY the rest of the shipment as 

resistant. 

3. CERTIFY rest of shipment for 

movement. 

4. Go to Step 7 to certify the shipment. 

Shows no 

characteristics that 

enable you to 

determine resistance 

or susceptibility 

 1. CLASSIFY as a susceptible variety. 

2. Place a HOLD on the shipment. 

3. REFUSE to certify shipment. 

4. GIVE nursery representative the option 

of destroying the shipment OR sending 

the shipment for identification and 

testing under limited permit. 

5. TELL the nursery representative that 

identification may take more than 2 

years. 

6. If identification is chosen, then after the 

ID is made start at the beginning of this 

table after contacting your supervisor. 

7. Document your action in the usual 

manner 

Is a new variety for 

testing 

 Refer to 1 through 7 in the block above 
Step 7 – Completing the Certification Forms 

If you are: And the shipment is for: Then: 

Certifying resistant BM&MH Intrastate movement Use federal or state certification 

Certifying resistant BM&MH Interstate movement Use federal certification (Federal 

Certificate PPQ form 540, or sticker 

PPQ Form 527, or state certificate of 

quarantine compliance bearing 

federal certification or authorized 

imprint of federal certification) 

Issuing a compliance 

agreement (CA) 

 Use federal CA form or equivalent 

state CA form 

Sending BM&MH plants for 

identification 

Intrastate or interstate 

movement 

Contact PPQ State Plant Health 

Director in Minnesota 

Sending BM&MH plants for 

testing 

Intrastate 1. Contact Cereal Rust Laboratory 

2. See instructions on shipping 

BM&MH for testing. 

Sending susceptible BM&MH 

plants through a protected 

state to a non-protected state 

for testing 

Interstate Contact federal or authorized state 

inspector for a Limited Permit 

When you issue a certificate go to Step 8 to determine if you also need to issue a compliance 

agreement. Contact your supervisor if you have any questions. 
Step 8 – Determining when to Establish a Compliance Agreement 

NOTE: Use Step 8 only if the BM&MH is certifiable in Step 5 or Step 6. 

If the nursery representative 

wants you to certify: 

And based on past experience, 

the nursery representative is: 

Then: 

Only one BM&MH shipment 

for movement 

 ISSUE certification for only 

one shipment 

Several BM&MH shipments Reliable ISSUE a compliance 

agreement to the nursery 

representative along with bulk 

supply of Certificate PPQ 

Form 540 or sticker certificate 

PPQ form 527 or other 

authorized certification such 

as document imprint or 

certificate of quarantine 

compliance. 

Several BM&MH shipments Unreliable ISSUE certificates 

individually for each 

shipment. Do not issue a 

compliance agreement. 

The compliance agreement authorizes the nursery representative to use certification only after the 

inspector has physically inspected and released the plants for movement. 
INSPECTING NURSERIES IN STATES NOT PROTECTED BY 7CFR 301.38 (BLACK 

STEM RUST QUARANTINE) 

Methods and Procedures 

Prior to shipping BM&MH within the State or to a protected State, a nursery representative must 

notify the State inspector. The State inspector will then go to the nursery to certify movement. 

Step 1—Explaining the Provisions of 7CFR 301.38 

Give a copy of 7CFR 301.38 to the nursery representative, and using the information therein, 

explain the provisions to him or her. 

Step 2 – Reviewing Invoices, Shipping Orders, and Inventory Lists 

1. Review all invoices, shipping orders, and inventory lists for incoming and outgoing shipment 

since your last visit to the nursery. 

2. Record all BM&MH shipments to state protected for BM&MH disregarding invoices with 

BM&MH shipments to States not protected for BM&MH 

3. Ask the nursery representative if there are any BM&MH on the premises other than those 

listed on the invoices, shipping orders, and inventory lists. If there are other BM&MH, ask 

the nursery representative to show them to you. 

4. Look at the enclosed pictures of plants to see if they match with the plants in the nursery 

Step 3 – Determining if Each Variety is Correctly Named 

Use the following instructions to determine variety resistance/susceptibility 

Step 3a – Comparing names with 7CFR 301.38 to Determine Resistance and Susceptibility: 

Compare the species/variety name(s) on the invoices, shipping orders, and inventory lists with the 

names listed in 7CFR 301.38. Then, check the premises for unreported BM&MH nursery stock. 

See Step 3b. 

If you find the name: Then classify the BM&MH as a: 

Listed in 7CFR 301.38 Resistant variety 

Not listed in 7CFR 301.38 Susceptible variety 

 
3a.2 –Result of Comparison 

If you have a: And the BM&MH is a: Then: 

Resistant variety Seed Go to Step 5a 

Resistant variety Cutting or Plant Go to Step 6a 

Susceptible variety Seed 1. CLASSIFY as susceptible variety 

2. REFUSE to certify seed for movement to 

a protected state. 

3. DOCUMENT your action in the usual 

manner. 

Susceptible variety Cutting or plant 1. CLASSIFY as a susceptible variety. 

2. Place a ‘HOLD” on the shipment 

3. REFUSE to certify the shipment for 

movement to a protected state. 

4. GIVE the nursery representative the 

option of sending the shipment for 

identification and testing under a limited 

permit. 

5. TELL the nursery representative that 

identification may take more than 2 

years. 

6. If identification is chosen, then after the 

ID is made, start at the beginning of this 

table after contacting your supervisor. 

7. DOCUMENT your action in the usual 

manner 

8. When sending material for identification, 

refer to the identification section page 

number. When sending material for 

testing, refer to the testing section page 

number. 
Step 3b – Scouting Nursery Premise to Locate BM&MH 

After you have completed your inspection and certification of the BM&MH listed on the 

invoices, shipping orders and inventory lists, scout the rest of the nursery looking for unreported 

BM&MH stock. 

If you find: And the nursery has: Then 

Unreported BM&MH A compliance agreement Go to Step 3a1. 

With your supervisor’s 

concurrence, REVOKE the 

compliance agreement 

 No compliance agreement Go to Step 3a1 

Only reported BM&MH Go to Step 4 

Step 4 – Determining if Plants and Cuttings Meet Age Requirement 

If the genus is: And is a: And shows: Then: 

Berberis Cutting or a plant At least 2 year’s 

growth 

Go to Step 6 

Berberis Cutting or a plant Less than 2 year’s 

growth 

REFUSE TO 

CERTIFY for 

movement to a 

protected state until 

age requirement is 

met 

Berberis Seed Go to Step 5 

Mahonia or 

Mahoberberis 

Cutting or a plant At least 1 year’s 

growth 

Go to Step 6 

Mahonia or 

Mahoberberis 

Cutting or a plant Less than 1 year’s 

growth 

REFUSE TO 

CERTIFY for 

movement to a 

protected state until 

age requirement is 

met 
Step 5 – Ensuring Seeds are True to Type 

When the nursery intends to market BM&MH seeds into protected states, you must perform an 

environs survey or determine the parentage of the seed. 

Step 5a – Determining the Origin of the Seed: 

If the variety name is: And the seed was: And: Then: 

Listed in 7CFR 

301.38 

Produced at the 

nursery you are 

inspecting 

 Go to Step 5b and perform 

an environs inspection 

Listed in 7CFR 

301.38 

Not produced at the 

nursery you are 

inspecting 

Produced at a 

certified seed 

source 

Go to Step 7 to certify 

shipment 

Listed in 7CFR 

301.38 

Not produced at the 

nursery you are 

inspecting 

Produced at an 

unknown source 

Go to Step 5b to verify that 

paraentage is from 

resistant stock 

Listed in 7CFR 

301.38 

Not produced at the 

nursery you are 

inspecting 

Produced at 

uncertified source 

1. CLASSIFY as a 

susceptible variety. 

2. REFUSE to certify 

seed for movement to 

a protected state. 

3. DOCUMENT your 

action in he usual 

manner. 

Not listed in 7CFR 

301.38 

 1. CLASSIFY as a 

susceptible variety. 

2. REFUSE to certify 

seed for movement to 

a protected state. 

3. DOCUMENT your 

action in he usual 

manner. 
Step 5b – Determining whether the Seeds are Resistant or Susceptible and Taking the Appropriate 

Action: 

If you need to: And: Then: 

Perform an environs survey 

(see Step 5c for details) 

You find no BM&MH or only 

resistant varieties within 1⁄2 

mile of the nursery in any 

direction 

Go to Step 7 to certify 

shipment for movement to a 

protected state. 

Perform an environs survey 

(see Step 5c for details) 

 

You find one or more 

susceptible varieties of 

BM&MH within 1⁄2 mile of the 

nursery in any direction* 

1. With the approval of the 

owner, REMOVE and 

DESTROY the susceptible 

plants. 

2. CLASSIFY as a 

susceptible variety. 

3. REFUSE to certify seed 

for movement to a 

protected state. 

4. DOCUMENT your action 

in the usual manner. 

Verify that parentage is from 

resistant stock 

The parentage is unknown or 

known to be susceptible 

 (see above actions 1-4) 

Verify that parentage is from 

resistant stock 

The parentage is known to be 

resistant 

Go to Step 7 to certify 

shipment for movement to a 

protected state. 

• To certify seed or plants grown from seed produced at that nursery, all susceptible varieties of 

BM&MH must have been removed from the area surrounding the nursery 1⁄2 mile in any 

direction. That removal must have taken place before seed production. If the nursery 

representative wants to certify BM&MH seed and environs survey must be performed at least 

once a year prior to bloom. A record of the survey should be maintained in the nursery file. 
Step 5c – The Environs Survey 

5c.1—Performing the environs survey 

If a nursery wants to market seed of their own production or plants grown from seed of their own 

production, then survey the environs for BM&MH. 

a. Require the BM&MH seed-producing nursery to request the state inspector to perform the 

environs survey. The environs survey should be conducted prior to bloom that produces the 

seed requiring certification. 

b. Inform the nursery representative that you will be conducting a survey. 

c. Look for BM&MH within 1⁄2 mile of the nursery in all directions. 

d. Remove all susceptible varieties of BM&MH found during your environs survey. 

e. Keep record of the environs survey with the nursery file. 

f. Perform an environs survey each year as long as the nursery is producing BM&MH seed or 

plants grown from their own seed. 
Step 5c.2 – Timing for Environs Survey 

If the nursery 

representative: And: And you find: Then: 

Has collected the 

seeds for 

marketing/shipping 

You perform the 

environs survey 

before the BM&MH 

blooms* 

Only resistant 

varieties of BM&MH 

CERTIFY the seed for 

movement to a 

protected state. 

Has collected the 

seeds for 

marketing/shipping 

You perform the 

environs survey 

before the BM&MH 

blooms* 

Susceptible varieties 

of BM&MH which 

you remove and 

destroy 

INFORM the nursery 

representative that the 

seed is not certifiable. 

Seed produced this 

fall will be certifiable. 

Has collected the 

seeds for 

marketing/shipping 

You perform the 

environs survey 

before the BM&MH 

blooms* 

Susceptible varieties 

of BM&MH which 

you do not remove 

and destroy 

INFORM the nursery 

representative that the 

seed is not certifiable. 

Seed will not be 

certifiable as long as 

susceptible BM&MH 

are within 1⁄2 mile of 

the nursery. 

Has collected the 

seeds for 

marketing/shipping 

You perform the 

environs survey after 

the BM&MH 

blooms* 

Only resistant 

varieties of BM&MH 

CERTIFY the seed for 

movement. 

Has collected the 

seeds for 

marketing/shipping 

You perform the 

environs survey after 

the BM&MH 

blooms* 

Susceptible varieties 

of BM&MH which 

you remove and 

destroy 

INFORM the nursery 

representative that the 

seed is not certifiable. 

Seed for marketing or 

shipping can be 

collected in the fall of 

the following calendar 

year. 

Is planning to collect 

seeds in the fall 

 Go to Step 5c.3 

* If the nursery representative wants to certify BM&MH seed, perform an environs survey prior 

to bloom each year. 
Step 5c.3 – Timing (continued) 

If the nursery 

representative: And: And you find: Then: 

Is planning to collect 

seeds in the fall 

You perform the 

environs survey 

before the BM&MH 

blooms* 

Only resistant 

varieties of BM&MH 

or susceptible 

varieties which you 

remove and destroy 

INFORM the nursery 

representative that the 

seed collected in the 

fall will be certifiable. 

 You perform the 

environs survey after 

the BM&MH 

blooms* 

Only resistant 

varieties of BM&MH 

INFORM the nursery 

representative that the 

seed collected in the 

fall will be certifiable 

 You perform the 

environs survey after 

the BM&MH 

blooms* 

Susceptible varieties 

of BM&MH which 

you remove and 

destroy 

INFORM the nursery 

representative that 

seed collected in the 

fall will not be 

certifiable. However 

seed collected the next 

calendar year will be 

certifiable if next 

year’s environs survey 

is negative for 

susceptible BM&MH. 

 You perform the 

environs survey after 

the BM&MH 

blooms* 

Susceptible varieties 

of BM&MH which 

you do not remove 

and destroy 

INFORM the nursery 

representative that the 

seed is not certifiable. 

Seed will not be 

certifiable as long as 

susceptible BM&MH 

are within 1⁄2 mile of 

the nursery. 

* If the nursery representative wants to certify BM&MH seed, an environs survey must be 

conducted at least once a year before bloom. 
Step 6a – Preliminary check of cuttings and plants. 

If the variety name is: And the plants were grown 

from: Then: 

Listed in 7CFR 301.38 Seed produced at that nursery 1. PERFORM an environs 

survey – see Step 5c for 

details 

2. GO to Step 6b after 

completing the environs 

survey 

Listed in 7CFR 301.38 Seed produced at another 

nursery or the plants were not 

grown from seed 

1. DETERMINE the source 

2. GO to Step 6b 

Not listed in 7CFR 301.38 1. CLASSIFY as a 

susceptible variety. 

2. Place A HOLD on the 

shipment. 

3. REFUSE to certify 

shipment. 

4. GIVE the nursery 

representative the option 

of destroying the 

shipment; or, sending the 

shipment for identification 

and testing under a 

Limited Permit. 

5. TELL the nursery 

representative that 

identification and testing 

may take more than two 

years. 

6. If identification was 

chosen, then after the ID is 

made, start at the 

beginning of this table 

after contacting your 

supervisor. 

7. DOCUMENT you action 

in the usual manner. 
Step 6b – Determining the Source of Plants and Cuttings 

If Step 6a asked 

you to: 

And you found: And: Then: 

Perform an 

environs survey 

Susceptible varieties 

of BM&MH which 

you remove during 

the survey 

 1. CLASSIFY as susceptible 

variety. 

2. Place a HOLD on the 

shipment. 

3. REFUSE to certify 

shipment to a protected 

state. 

4. DOCUMENT you action in 

the usual manner. 

Performed an 

environs survey 

No BM&MH or 

only resistant 

varieties 

 Go to Step 6c 

Determine the 

source 

The source is 

certified 

 Go to Step 6c 

Determine the 

source 

The source is 

unknown 

The parentage is 

resistant 

Go to Step 6c 

Determine the 

source 

The source is 

unknown 

The parentage is 

unknown or the 

parentage is 

susceptible 

1. CLASSIFY as a susceptible 

variety. 

2. Place a HOLD on the 

shipment. 

3. REFUSE to certify 

shipment to a protected 

state. 

4. GIVE nursery 

representative the option 

sending the shipment for 

identification and testing 

under Limited Permit. 

5. TELL the nursery 

representative that 

identification may take 

more than 2 years. 

6. If identification is chosen, 

then after the ID is made 

start at the beginning of this 

table after contacting your 

supervisor. 

7. Document your action in 

the usual manner. 

Determined the 

source 

The source is not 

certified 

 Refer to actions 1 through 7 in 

the block above 
Step 6c – Determining Whether the Plants and Cuttings are Resistant or Susceptible and Taking 

the Appropriate Action 

If the plant variety: And: Then: 

Shows only resistant 

characteristics 

 Go to Step 7 to certify the shipment 

Shows only 

susceptible 

characteristics 

 1. CLASSIFY the variety as susceptible. 

2. Place a HOLD on the shipment. 

3. REFUSE to certify the shipment to a 

protected state. 

4. DOCUMENT your action in the usual 

manner. 

Shows both resistant 

and susceptible 

characteristics 

Two percent or more of 

the plants and cuttings 

show susceptible 

characteristics 

Refer to 1 through 4 on the block above. 

Shows both resistant 

and susceptible 

characteristics 

Less than two percent of 

the plants and cuttings 

show susceptible 

characteristics 

1. ROUGE out all plants and cuttings that 

show susceptible characteristics. 

2. CLASSIFY the rest of the shipment as 

resistant. 

3. CERTIFY rest of shipment for 

movement. 

4. Go to Step 7 to certify the shipment. 

Shows no 

characteristics that 

enable you to 

determine resistance 

or susceptibility 

 1. CLASSIFY as a susceptible variety. 

2. Place a HOLD on the shipment. 

3. REFUSE to certify shipment to a 

protected state. 

4. GIVE nursery representative the option 

of sending the shipment for 

identification and testing under limited 

permit. 

5. TELL the nursery representative that 

identification may take more than 2 

years. 

6. If identification is chosen, then after the 

ID is made start at the beginning of this 

table after contacting your supervisor. 

7. Document your action in the usual 

manner 

Is a new variety for 

testing 

 Refer to 1 through 7 in the block above 
Step 7 – Completing the Certification Forms 

If you are: And the shipment is for: Then: 

Certifying resistant BM&MH Intrastate movement Use federal or state certification 

Certifying resistant BM&MH Interstate movement Use federal certification (Federal 

Certificate PPQ form 540, or sticker 

PPQ Form 527, or state certificate of 

quarantine compliance bearing 

federal certification or authorized 

imprint of federal certification) 

Issuing a compliance 

agreement (CA) 

 Use federal CA form or equivalent 

state CA form 

Sending BM&MH plants for 

identification 

Intrastate or interstate 

movement 

Contact PPQ State Plant Health 

Director in Minnesota 

Sending BM&MH plants for 

testing 

Intrastate 8. Contact Cereal Rust Laboratory 

9. See instructions on shipping 

BM&MH for testing. 

Sending susceptible BM&MH 

plants through a protected 

state to a non-protected state 

for testing 

Interstate Contact federal or authorized state 

inspector for a Limited Permit 

When you issue a certificate go to Step 8 to determine if you also need to issue a compliance 

agreement. Contact your supervisor if you have any questions. 
Step 8 – Determining when to Establish a Compliance Agreement 

NOTE: Use Step 8 only if the BM&MH is certifiable in Step 5 or Step 6. 

If the nursery representative 

wants you to certify: 

And based on past experience, 

the nursery representative is: 

Then: 

Only one BM&MH shipment 

for movement 

 ISSUE certification for only 

one shipment 

Several BM&MH shipments Reliable ISSUE a compliance 

agreement to the nursery 

representative along with bulk 

supply of Certificate PPQ 

Form 540 or sticker certificate 

PPQ form 527 or other 

authorized certification such 

as document imprint or 

certificate of quarantine 

compliance. 

Several BM&MH shipments Unreliable ISSUE certificates 

individually for each 

shipment. Do not issue a 

compliance agreement. 

The compliance agreement authorizes the nursery representative to use certification only after the 

inspector has physically inspected 
Procedures for Preparing and Shipping Material for Identification 

Equipment Needed 

1. Plant press or heavy weights 

2. Newspapers 

3. Corrugated paper 

4. Pruning shears 

5. Mailing container 

6. Heat source for rapid drying 

Preparation 

1. Nursery representative is aware. Tell the nursery representative that the identification will 

take an indefinite amount of time. 

2. Plants are safeguarded. Place a hold on the shipment. Ensure that the plants held at the 

nursery will remain separated from other plants in the nursery such that pollination will not 

occur between plants on hold and other plants in the nursery. 

Cautions and warnings 

If the specimens dry without pressing they are difficult to handle and identify. 

Methods and procedures 

Step 1 – Collecting and Preparing Specimens for Identification 

1. Select specimens that have typical characteristics of the shipment. The specimens should 

include as many of the following structures as possible: leaves, stems, spines, flowers, berries 

and roots. 

2. If the plant’s length is less than 18 inches, then mount the whole plant. Otherwise cut the 

plant into sections with no sections being longer than 18 inches. 

3. Place the plants or plant sections between several sections of newspaper or use a plant press if 

you have one. Press and dry plants as soon as possible after collection. 

4. Sandwich the plants in their newspaper wrapping between two sheets of corrugated paper. 

5. Apply pressure to the plants sandwiched between corrugated paper using either a plant press 

or heavy objects. 

6. After about two weeks if you air dry, or when the specimens are dry using another heat 

source, carefully remove them from the press and then the newspaper. 

7. Glue or tape each specimen to a rigid sheet of paper (like poster board). 

8. Labeled the mounted sheets with the name of the nursery and location of the nursery, date 

collected and the inspectors name and number. 

9. Place the mounted and labeled sheets in manila covers. 

10. Package the mounted specimens so that they will not break during shipment. 

11. Mark the outside of the package :FRAGILE, HANDLE WITH CARE AND DO NOT 

BEND” (Hand stamp only). 

12. Send the package to the address that follows: 
Step 2 – Sending Specimens for Identification 

If the Specimens are for: Then: 

Identification 1. Contact the PPQ State Plant Health 

Director in Minnesota and request a 

Limited Permit. 

2. Prepare specimens per instructions in Step 

1. 

3. Mail specimens according to instructions 

on the Limited Permit to the State Plant 

Health Director in Minnesota. 

Resistance testing Go to section for testing for susceptibility 

Step 3 – Waiting for the results 

1. Update the nursery representative on the status of the identification 

2. When you receive the results from the identification immediately give them to the nursery 

representative. 

3. Take the appropriate action on the balance of the shipment in the nursery. 
Procedures for Preparing and Shipping Material for Testing for Susceptibility to Black 

Stem Rust 

Equipment 

1. Pruning shears 

2. Shovel or spade 

3. Soiless potting media to keep roots damp 

4. Plastic bag 

5. Shipping container 

Preparation 

1. Nursery representative is aware. Tell the nursery representative that the identification will 

take an indefinite amount of time. 

2. Plants are safeguarded. Place a hold on the shipment. Ensure that the plants held at the 

nursery will remain separated from other plants in the nursery such that pollination will not 

occur between plants on hold and other plants in the nursery. 

Cautions and warnings 

1. If the specimens dry out enroute testing may not be possible. 

2. Shipment must have a USDA permit affixed to the outside of the container when shipped. 

Methods and procedures 

Step 1 –Preparing Plants for Shipping 

1. Trim stems to a maximum of 8 inches inleght. 

2. Wrap or pot plant using moist potting mixture, not field top soil. OR Remove all soil from 

roots, wash roots clean and ten wrap roots in moist paper towels or other non-soil material to 

keep the roots from drying out enroute. 

3. Wrap roots and non-soil material in plastic bag. 

Step 2 – Sending Specimens for Testing 

If specimens are for: Then: 

Resistance testing 1. Contact the USDA-ARS Cereal Rust Laboratory for a 

Limited Permit 

2. Prepare specimens per instructions in Step 1. 

3. Mail specimens according to instructions on the 

Limited Permit to: USDA-ARS Cereal Rust 

Laboratory, University opf Minnesota, St. Paul, 

Minnesota 55108 

Identification Go to section for identification 
Step 3 – Waiting for the results 

1. Update the nursery representative on the status of the testing 

2. When you receive the results from the identification immediately give them to the nursery 

representative. 

3. Take the appropriate action on the balance of the shipment in the nursery. Follow the 

instructions from your supervisor.