Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-4 - ENTOMOLOGY AND PLANT INDUSTRY › Subject 40-4-26 - CITRUS REGULATIONS AND QUARANTINE › Rule 40-4-26-.06 - Growing Citrus Nursery Stock in Georgia

Current through Rules and Regulations filed through June 27, 2024
(1) Georgia Citrus Nursery Stock Program
				Participation
(a) It shall be unlawful to
				propagate or plant citrus nursery stock that is not produced in accordance with
				these Rules. Participation in the Georgia Citrus Nursery Stock Program does not
				imply any warranty on the part of the nurserymen, the Department, or any
				employee thereof.
(b) Prior to
				propagating citrus nursery stock, propagators must:
1. Register with the Georgia Department of
				Agriculture, Plant Protection Section by completing a Georgia Citrus Nursery
				Application;
2. Pay applicable
				fees; and
3. Comply with all
				conditions that apply to the Georgia Citrus Nursery Stock Program contained in
				these Rules.
(c)
				Application Process and Fees
1. Applications
				for a Georgia Citrus Nursery can be obtained from the Department's
				website.
2. Applicants must submit
				completed application forms according to directions on the form.
3. An inspection of the facility will be
				scheduled to determine if the citrus plants and structure meet the requirements
				of these Rules. The cost of this inspection will be listed on the application
				form.
4. An annual fee of $500 will
				be required for facilities with a total enclosed pest exclusion area of up to
				25,000 square feet, plus $500 for each additional 25,000 square feet or
				fraction thereof.
5. Renewal
				payments are late if the fee has not been received by the Department by the due
				date.
6. The Georgia Citrus Nursery
				status will be canceled if payment of the renewal fee is 60 or more days late.
				In such case, the facility must re-apply to be a Georgia Citrus
				Nursery.
(d) Georgia
				Citrus Nursery Program Participation Required
1. Propagators of citrus nursery stock must
				hold a current Live Plant License.
(i) Citrus
				nursery stock is required to be grown in a pest exclusion structure facility
				until:
(I) Moved directly to a grove for
				immediate planting;
(II) Moved to a
				physically separate, exclusively retail area at the location; or
(III) Moved from the production location to a
				separate location for immediate wholesale or retail resale.
2. The current Georgia
				Citrus Nursery certificate shall be kept on display at the Georgia Citrus
				Nursery in a location where it is readily visible to the public.
(e) Facility Structural
				Requirements
1. All citrus plants must be
				produced inside an exclusion structure as defined in these Rules.
2. To qualify as an exclusion structure, a
				facility must include, at a minimum, each of the following:
(i) Exterior walls and top
(I) Any combination of solid surfaces and
				screening may be used, as long as the structure meets or exceeds USDA-APHIS-PPQ
				"Interstate Movement of Citrus Nursery Stock From Areas Quarantined For Citrus
				Canker, Citrus Greening, and/or Asian Citrus Psyllid", including resistance to
				wind-blown rain.
(II) Mesh size for
				any screening used in walls, doors, vent covers, or other parts of a structure
				shall not exceed 0.3 square millimeters (e.g., 0.547 x 0.547 mm or 0.5 x 0.6
				mm).
(ii) Each approved
				structure must have a citrus free buffer area of at least 100 feet around the
				exterior of the approved structure. If a buffer area of 100 feet or more is not
				feasible, a minimum buffer area of 25 feet is allowed if the side of the
				structure facing citrus nursery plant material is constructed with a
				water-proof wall, or double-walled screening with a minimum of a 4-inch space,
				between each screen.
(iii) Doors,
				doorways, and entryways must be designed and constructed to exclude wind-blown
				rain and pest organisms.
(I) All doorways must
				have a positive pressure air curtain, double entrance with vestibule (i.e.,
				outer door opening into a vestibule then inner door leading to the structure),
				or other mechanism sufficient to prevent the entrance of any insect pests, both
				during operation of the door and while the door is closed.
(II) All doors must fit against the floor and
				door frame so that no pest organisms or rain can enter the facility.
(III) At minimum, all entrance doors to the
				facility must have working locks. The facility must be secured (locked) when
				employees are not present.
(IV) A
				footbath containing a product approved by the Department as effective against
				citrus canker must be located at each entrance and must be properly utilized on
				footwear by all persons prior to entering the structure.
(V) Vehicles, equipment, and other articles
				used to handle or move citrus nursery stock must be treated in accordance with
				USDA-APHIS-PPQ requirements immediately before entering the
				structure.
(VI) The site must
				incorporate an area for deliveries and shipments.
(iv) Except for doors, all exterior openings
				for cooling pads, fans, vents, or other parts of the structure must be covered
				with screening as specified above; and
(v) The structure perimeter must facilitate
				drainage away from the structure.
3. The owner of the facility is responsible
				for maintaining the integrity of the facility and ensuring it remains
				pest-free.
(i) Before an exclusion structure
				is modified in a way that affects the walls, screening, doors, or
				insect-exclusionary ventilation, the nursery must enter into a compliance
				agreement with the Department that outlines safeguarding conditions to maintain
				the facility as insect free.
(ii)
				The Department must be notified immediately if a breach is detected at any time
				during the life cycle of the citrus stock, from propagation to point of
				sale.
(iii) If the integrity of the
				structure is compromised or breached, the citrus nursery stock will be subject
				to immediate Stop-Sale Notice and Hold Order and will not be released from
				Stop-Sale Notice and Hold Order by the Department until a risk evaluation has
				been completed.
4.
				Citrus nursery stock may be moved from one structure into another structure on
				the same site provided the plants in the process of being actively relocated
				are not subjected via open air exposure to citrus pests and diseases.
5. Structures in existence and actively used
				for growing citrus that do not currently meet the structural requirements of
				this Rule will be given, upon written request by the owner to the Department,
				six (6) months from the date of the adoption of this Rule to make the
				structural modifications necessary to fully comply with this Rule.
(f) Citrus Propagation
				Requirements
1. Any citrus nursery stock or
				budwood source tree found infected or exposed to plant pest infestation shall
				be subject to immediate Stop Sale Notice and Hold Order.
2. Citrus nursery stock grown or distributed
				in Georgia after January 1, 2020 must be produced in a Georgia Citrus Nursery
				under the provisions of these Rules.
3. All planting, growing, and budding of
				rootstock or other propagative material, including seeds, shall be in an
				approved pest exclusion structure.
4. In-ground production of citrus nursery
				stock is not approved. Citrus nursery stock may only be produced on a barrier
				between the soil and pot (e.g., gravel, horticulture cloth, or
				tables).
5. Citrus nursery stock
				must be propagated in compliance with the following provisions:
(i) Citrus nursery stock may be propagated
				directly from certified budwood taken from scion trees or increase trees, or
				citrus nursery stock may be propagated directly from tested, non-certified
				citrus budwood. Nurseries producing citrus plants using tested, non-certified
				budwood must enter into a compliance agreement with the Department.
(ii) After January 1, 2023, non-certified
				citrus budwood may no longer be used to propagate commercial citrus nursery
				stock.
(iii) Citrus nursery plants
				propagated from uncertified budwood prior to January 1, 2023, may be sold until
				December 31, 2023, only if such plants conform to all of the below
				requirements.
(I) Either the source plants
				from which the citrus nursery plants' buds were cut or the citrus nursery
				plants must be sampled and tested for each of the pathogens deemed
				citrus-related plant pests by the Commissioner and the testing must reveal the
				absence of those pathogens. Such sampling and testing must have been performed
				in accordance with the following requirements:
I. Testing must have been performed after
				April 1, 2021;
II. Tested samples
				must have been collected by the Commissioner or the Commissioner's agent in
				accordance with the USDA-APHIS-PPQ "Survey Protocol for Interstate Movement of
				Citrus Nursery Stock from Areas Quarantined for Citrus Canker, Citrus Greening,
				and/or Asian Citrus Psyllid"; and
III. Testing must have occurred at a
				diagnostic laboratory. The Department will not be responsible for testing,
				transportation, or other costs related to testing.
(II) The grower must include the following
				statement on each bill of sale: "These plants have been propagated from
				uncertified budwood but have tested negative for each pathogen declared a
				citrus-related plant pest by the Georgia Commissioner of
				Agriculture."
(iv)
				Citrus nursery stock and propagative material must remain within the approved
				exclusion structure at all times, or if moved outside of the pest exclusion
				structure, citrus nursery stock must be protected and covered with material
				designed to prevent exposure to citrus pests and diseases at all times during
				transit.
(g)
				Scion Trees and Scion Block
1. Scion trees
				must meet the following requirements:
(i)
				Budwood for propagating scion trees must be obtained from a foundation
				tree.
(ii) Scion trees must be
				propagated and grown in a Georgia Citrus Nursery.
(iii) Scion trees must be budded on nursery
				rootstock which has not been budded previously. If re-budding is necessary,
				buds from the same source as the original must be used.
(iv) Scion trees must be vigorous,
				productive, and horticulturally true-to-type.
2. Scion trees must be held exclusively in an
				approved pest exclusion structure designated for scion trees.
(i) At no time shall any uncertified citrus
				nursery stock be inside the approved pest exclusion structure.
(ii) Scion trees of different varieties and
				selections must be kept distinctly apart and clearly identified to avoid the
				mixing of scion trees originating from different source trees.
3. Labeling of Scion Trees
(i) Each scion tree label must include the
				name of the selection, the source tree identification number, and the month and
				year of budding.
(ii) A scion tree
				identification map must be maintained on-site. The map must be made available
				during an inspection or upon request by the Department.
4. Inspection
(i) Scion trees must be inspected and tested
				at least once prior to 12 months post-budding and at intervals not to exceed 36
				months for the pathogens listed in these Rules or on the Department's website
				or any other pest of regulatory concern. The cost of the laboratory analysis of
				the samples will be borne by the owner of the nursery. The Department will
				inspect trees for citrus canker and other pests of regulatory concern during
				facility inspection.
(ii) The scion
				block must be routinely inspected and treated to prevent pests and
				diseases.
(iii) Scion trees found
				infected with a pathogen must be removed from the protected greenhouse within
				10 days of notification of test results by the Department.
(iv) The Department may consult with a panel
				of experts for additional mitigation measures necessary to ensure the integrity
				of scion trees.
5. Upon
				discontinuing use of a scion tree, the scion tree must be removed from the
				scion block and may be sold, planted, or destroyed.
(h) Increase Trees and Increase Blocks
1. Increase trees and increase blocks must
				meet the following requirements:
(i) Budwood
				for propagating increase trees must be obtained from a foundation or scion
				tree.
(ii) Increase trees must be
				propagated and grown in a Georgia Citrus Nursery.
(iii) Increase trees must be budded on
				nursery rootstock which has not been budded previously. If re-budding is
				necessary, buds from the same source tree as the original bud must be
				used.
2. Increase trees
				must be held exclusively in an approved structure designated for increase trees
				or housed with other citrus nursery stock from certified budwood being grown in
				the approved structure, provided the two groups of plants are kept identifiably
				separate.
(i) At no time shall any uncertified
				citrus nursery stock be inside the approved structure.
(ii) Increase trees may be grown in
				containers or planted in the ground.
(iii) Increase trees of different varieties
				and selections must be kept distinctly apart and clearly identified to avoid
				the mixing of increase trees originating from different source trees.
3. Labeling of Increase Trees
(i) Each lot of increase trees produced from
				the same lot of budwood from a specific foundation block tree must be labeled
				for traceability with a unique identification number. The permanent label or
				tag must include the variety, source tree identification number, and the month
				and year of budding.
(ii) An
				increase tree identification map must be maintained on site. The map must be
				made available during an inspection or upon request by the Department. The map
				must include the location of each group of increase trees by selection in the
				approved structure, the name of the selection, the number of trees in each lot,
				source tree identification number, and the month and year of budding.
4. Increase trees may be used as a
				source of certified budwood to produce citrus nursery stock for a period not to
				exceed 60 consecutive months. The 60-month duration begins on the first day of
				the month following the month in which the trees were budded.
5. At any time, during the 60-month period,
				the nursery owner may make a request to the Department to convert increase
				trees to scion trees.
(i) The request must be
				accompanied by laboratory test results received within the past twelve (12)
				months for the graph transmissible pathogens listed in these Rules or on the
				Department of Agriculture's website.
(ii) The trees must be moved to the exclusion
				structure described above within five (5) days of receiving approval.
6. Citrus trees propagated from
				increase trees, except trees that have been converted to scion trees as
				described above, must not serve as a future source of certified
				budwood.
7. Inspection
(i) Increase trees must be inspected and
				tested at least once prior to 12 months post-budding and at intervals not to
				exceed 36 months for the graph transmissible pathogens in these Rules or on the
				Department of Agriculture's website or any other pest of regulatory concern.
				The Department will collect samples for testing according to the sampling plan.
				The cost of the laboratory analysis of samples will be borne by the owner of
				the nursery. The Department will inspect trees for citrus canker and other
				pests of regulatory concern during facility inspection.
(ii) The increase block must be routinely
				inspected and treated to prevent pests and diseases.
(iii) Increase trees found infected with a
				pathogen must be removed from the protected greenhouse within 10 days of
				notification of test results by the Department.
(iv) The Department may consult with a panel
				of experts for additional mitigation measures necessary to ensure the integrity
				of increase trees.
8.
				Upon discontinuing use of an increase tree, the increase tree must be removed
				from the increase block and may be sold, planted, or destroyed.
(i) Rootstock
1. All planting, growing, and budding of
				rootstock or other propagative material, including seeds, must be in an
				approved pest exclusion structure as defined in these Rules.
2. Seed Source trees must originate from a
				certified clean stock program.
3.
				All rootstock seed planted for propagation must have undergone thermal
				treatment or other treatment approved by the Department to reduce the risk of
				citrus infesting pathogens.
4.
				Rootstock produced any way other than from seed:
(i) Must have been taken from a tree tested
				within the previous year, using methods approved by the Department, and found
				free of diseases quarantined in these Rules; and
(ii) The source tree must have been
				maintained continuously in a Georgia Citrus Nursery.
5. Documentation of negative test results
				described in this paragraph must be maintained for at least four years
				following distribution of all plants propagated from the source tree and must
				be available for inspection during normal hours of operation.
(j) Micropropagation of Citrus
				Rootstocks and Plants
1. The plant material
				for initiation of micropropagated cultures must originate from fully tested
				foundation material.
2. Cultures
				must be re-initiated from foundation material after a maximum of 36
				months.
3. The plant portion
				micropropagated must come from non-zygotic embryos or shoots from adult
				plants.
4. Material grown on
				contaminated media will be rejected.
5. Antibiotics that can mask the presence of
				microorganisms must not be added to any media.
6. Once plants leave culture vessels they
				must be maintained in approved enclosed structures.
7. All movement reports and shipping labels
				must include the word "micropropagated".
(k) Plant Identification and Labeling
1. Each citrus plant sold or distributed
				within Georgia must have attached to it, or to the container in which it is
				planted, a waterproof tag or label upon which is legibly printed in permanent
				lettering:
(i) "Grown by [the Production
				Facility Name]";
(ii) "Produced in
				[State of Origin]" (Postal abbreviation of the state is acceptable);
				and
(iii) "Georgia Live Plant
				License # [Number]" or nursery license number in the state of origin.
2. Unless satisfactory records
				that readily identify the plant as having been produced in an approved facility
				are provided, the absence of a tag or label required by this Rule creates a
				non-rebuttable presumption that the plant is a quarantined article, and the
				quarantined article will be placed under a Stop-Sale Notice and Hold Order
				until the owner arranges proper disposition.
(l) Inspections
1. The Department will inspect Georgia Citrus
				Nursery facilities as often as it deems necessary but at a minimum of six (6)
				times per calendar year.
2.
				Department personnel may inspect the growing practices and take physical and/or
				documentary samples as deemed necessary of:
(i) Compliance with facility structural
				requirements;
(ii) Plants in the
				nursery;
(iii) Insects and plant
				pests that may be present;
(iv)
				Recordkeeping; and
(v) Any other
				item that is related to the Georgia Citrus Nursery Stock Program and citrus
				plant propagation or production.