603-052-0118 Quarantine; Peach Rosette Phytoplasma (1) Establishing a Quarantine. A quarantine is established against the phytoplasma disease of peach known as Peach Rosette. (2) Areas Under Quarantine. Alabama, Arkansas, Georgia, Illinois, Indiana, Kansas, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Tennessee, Texas and West Virginia. (3) Commodities Covered. The following commodities are hereby declared to be hosts or possible carriers of the disease herein quarantined, and are prohibited from entry into this state, either directly, indirectly, diverted, or reconsigned: (a) Symptomless carriers of Peach Rosette, namely trees and propagating parts, except seed, of Wilson apricot (a variety of Prunus armeniaca) and Marianna plum (a hybrid variety of P. cerasifera) and any tree budded or grafted on Marianna plum understock; (b) All trees, roots, stalks, cuttings, grafts, scions, or buds of Prunus angustifolia, P. armeniaca, P. avium, P. besseyi, P. cerasus, P. davidiana, P. domestica, P. dulcis (P. amygdalus), P. mahaleb, P. persica, P. pumila, P. salicina, P. tomentosa, P. triloba, P. virginiana, and Acer rubrum; (c) Any tree or bud grafted on peach or plum understock. (4) Exceptions: (a) Seedling trees or trees budded on admissible rootstocks which are grown from seed and shipped in one growing season may be certified, and provided any budwood used in the production of such trees meets the conditions of subsection (c) of this section, and Peach Rosette has not occurred during the growing season either on or within one mile of the growing ground property; (b) Certificates may be issued for reshipment of dormant host trees and propagative parts which have been produced outside the areas under quarantine and have remained dormant while within such areas. Certificates shall state the name of the state where produced; (c) Species and varieties other than symptom-less carriers may be shipped into this state provided they are properly labeled as to scientific name and each lot or shipment is accompanied by a state-of-origin inspection certificate certifying that the following conditions have been met: (A) Adequate surveys have been made by state agricultural officials, at the proper time in relation to diseases and hosts, and no Peach Rosette has been found during the last two growing seasons previous to digging the trees or taking the buds either on or within one mile of the growing premises or bud source properties; (B) The growing premises have been found free from Wilson apricot and Marianna plum trees and any other tree growing on Marianna plum understock and, during the last two growing seasons previous to digging the trees or taking the buds, Wilson apricot or Marianna plum trees have not existed within one mile of the growing premises or the bud source properties. (5) Disposition of Commodities in Violation of Quarantine. Commodities shipped in violation of this quarantine shall be refused entry into this state and shall be immediately sent out of the state or, at his option and without expense to or indemnity paid by the Department, destroyed under departmental supervision by the person receiving the same. Violators may also be subject to civil penalties of up to $10,000 as provided by Oregon Laws 1999, Chapter 390, section 2. (6) Special Permits. This section does not apply to experimental shipments moved by, or at the request of, the United States agency. The Department, upon receipt of an application in writing, may issue a special permit allowing entry into this state of quarantined commodities for research purposes only. Movement of such commodities shall be subject to any conditions or restrictions stipulated in the permit. Statutory/Other Authority: ORS 561.190, 561.510 - 561.600 & 570.305 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: DOA 7-2012, f. & cert. ef. 3-26-12 DOA 8-2005, f. & cert. ef. 2-15-05 AD 3-1995, f. & cert. ef. 4-5-95 AD 1086(9-76), f. & ef. 3-11-76 AD 1041(31-74), f. 8-28-74, ef. 9-25-74