Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 031 - PLANT INDUSTRY DIVISION › Chapter 022 - QUARANTINE # 4 - PINE SHOOT BEETLE › Section 20 031 022 - QUARANTINE # 4 - PINE SHOOT BEETLE

Current through June, 2024
Section
			 I Statement of Concerns
Whereas, the Vermont Department of Agriculture, Food
				& Markets and the Vermont Department of Forests, Parks &
				Recreation having found that an exotic pest, known as the pine shoot
				beetle, Tomicus piniperda (L.), which is an introduced pest of pine
				trees, has been detected in this state and has a very limited
				distribution at this time; and
Whereas, a federal quarantine, 7 CFR, Ch. 111, Part
				301.50, calls for the establishment of a parallel internal state
				quarantine; and
Whereas, it has been determined to be in the best
				interest of affected industries to regulate the movement of the pine
				shoot beetle at the county level:
Therefore, the State of Vermont is hereby
				establishing this interior plant quarantine regulation by the
				authority of 6 V.S.A., Chapter 84, Pest Survey, Detection and
				Management.
Section
			 II Definitions
"Certificate" means a document in which an inspector,
				or person operating under a compliance agreement, affirms that a
				specified regulated article is free of pine shoot beetle and may be
				moved interstate to any destination.
"Commissioner" means the Commissioner of Agriculture,
				Food & Markets and the Commissioner of Forests, Parks &
				Recreation.
"Compliance Agreement" means a written agreement
				between VDAF&M and a person engaged in growing, handling, or
				moving regulated articles, in which the person agrees to comply with
				the provisions of this quarantine.
"Evidence of Infestation" means the presence of a
				clean pine shoot beetle gallery, and/or the pine shoot beetle.
"Infestation" means the presence of the pine shoot
				beetle.
"Inspector" means any employee of the Animal and
				Plant Health Inspection Service, Vermont Department of Agriculture,
				Food & Markets, or Vermont Department of Forests, Parks &
				Recreation, authorized to enforce this quarantine.
"Interstate" means from any state into or through any
				other state.
"Limited Permit" means a document which an inspector,
				or person operating under a compliance agreement, affirms that the
				regulated article identified on the document is eligible for
				intrastate and/or interstate movement in accordance with this
				quarantine to a specified destination and only in accordance with
				specified conditions.
"Pine Nursery Stock" means all Pinus spp. woody
				plants, shrubs, and rooted trees, and ornamental pine, such as
				bonsai.
"Pine Shoot Beetle" means the insect known as pine
				shoot beetle, Tomicus piniperda (Linnaeus), in any stage of
				development.
"Processed Pine Product" means any pine product
				without bark, wreaths, roping, or any other commodity designated as
				such by the commissioner.
"Quarantined Area" means any state, or any portion of
				a state, listed in 7 CFR, Ch. 111, Part 301.50, or any Vermont town
				listed in Section
				IV
				of this quarantine regulation.
"Receiving Facility" means any mill, incinerator, or
				other facility that receives a regulated article.
"Regulated Article" means any article listed under
				Section
				III
				of this quarantine regulation.
"State" means the District of Columbia, Puerto Rico,
				the Northern Mariana Islands, or any state, territory, or possession
				of the United States.
Section
			 III Regulated Articles
(A) The pine shoot beetle, Tomicus
			 piniperda (L,), in any living stage of development.
(B) Entire plants or parts thereof
			 of the genus Pinus spp., including, but not limited to, Christmas
			 trees, nursery stock and brush, unless specified under Section VI:
			 Exemptions of this regulation.
(C) Logs and lumber of Pinus spp.,
			 with bark attached.
(D)
			 Any other article, product or means of conveyance, when it is
			 determined by the Commissioner, that it presents the risk of spread
			 of pine shoot beetle, Tomicus piniperda (L.)