Or. Admin. Code § 603-052-0347
Current through Register Vol. 63, No. 10, October 1, 2024
Section 603-052-0347 - Control Area and Procedures in Malheur County(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the onion industry in the following described area through the eradication or control of Allium white-rot disease caused by Sclerotium cepivorum. Such control area includes all of Malheur County. (2) The following methods of control are declared to be the proper methods to be used in the control area described in section (1) of this rule, for the control and prevention of the introduction of Allium white-rot disease into the area: (a) No person shall import into the control area for the purpose of propagation any bulbs, sets, or seedlings of onion, garlic, leek, chive, shallots, or other Allium spp. with the following exceptions: (A) The bulbs, sets, or seedlings were produced in adjacent Idaho counties covered by the Idaho Rules Governing White-Rot Disease of Onion (IDAPA 02.06.07) in Ada, Bingham, Blaine, Boise, Bonneville, Canyon, Cassia, Elmore, Gem, Gooding, Jefferson, Jerome, Lincoln, Madison, Minidoka, Owyhee, Payette, Power, Twin Falls, and Washington counties; (B) The onion (Allium cepa) bulbs, sets, or seedlings were produced in Maricopa County, Arizona and were shipped in new single-use containers. Bulbs, sets, or seedlings may be shipped in reusable plastic containers provided the reusable plastic containers were sufficiently sanitized to eliminate potential Allium white rot contamination prior to packing. Each shipment must be accompanied by a state phytosanitary certificate declaring the bulbs, sets, or seedlings were produced in Maricopa County and were officially inspected and found free of Allium white rot; for bulbs, sets, or seedlings shipped in reusable plastic containers, the sanitization treatment used to decontaminate the containers must be documented on the state phytosanitary certificate accompanying the shipment. Recipients and sellers of such onion bulbs, sets, or seedlings are required to notify the Oregon Department of Agriculture - Ontario Field Office, PO Box 459, Ontario, OR 97914, Phone: 541-889-5274, Fax: 541-889-5077, of the incoming shipment(s) not less than two (2) days prior to arrival; (b) Commercial onion propagation within the control area shall be limited to production from seed, or if vegetative propagative material is used, that material must be produced within the control area or within the counties described in subsection (a) of this section; (c) Garlic (Allium sativum) propagation within the control area shall be limited to production in home gardens for personal use; (d) Except as provided in subsections (d) and (e) of this section, no person shall in any manner import or move machinery, tools, or equipment into the control area, which have previously been used in any manner on fields outside the control area where the host plants named in subsection (a) of this section have been cultivated. Machinery, tools, or equipment may be imported or moved into the control area if they are first cleaned and sterilized to the satisfaction of and with the prior approval of the Department. The cleaning shall include the thorough removal of all dirt by the use of steam under pressure. Sterilization shall be accomplished by the use of steam. For the purposes of this subsection, "machinery, tools, or equipment" includes, but is not limited to, farm trucks, harvesters, and tillage equipment; (e) Machinery, tools, or equipment utilized in the adjacent Idaho Counties covered by the Idaho Rules Governing White-Rot Disease of Onion in Ada, Bingham, Blaine, Boise, Bonneville, Canyon, Cassia, Elmore, Gem, Gooding, Jefferson, Jerome, Lincoln, Madison, Minidoka, Owyhee, Payette, Power, Twin Falls, and Washington counties are exempt from the prohibitions in subsection (d) of this section; (f) The Department may stop the movement into or within the control area of any machinery, tools, or equipment, which have not been cleaned and sterilized as provided in this subsection, until such machinery, tools, or equipment are so cleaned and sterilized. (3) Culls and waste from onions imported from outside of the control area must be disposed of in an approved landfill or must be treated in a manner that the Department has determined will render S. cepivorum sclerotia non-viable. (4)(a) The Department may inspect any onions or onion planting areas within the control area during any time of the year to determine whether the disease organism is present therein. If the Department finds that any onions, whether or not being transported, or any fields are infested with the disease organism, it shall by written order, delivered or mailed to the onion grower or field owner, direct the control and eradication of the infestation, and may prior to issuance of the order, seize any infected onions which are separated from the land on which grown; (b) Movement of such onions within the control area or removal of such from the control area may be carried out only with the Department's prior approval and under its supervision. (5) Control and eradication methods used shall only be those approved by the Department and will be based on the best available science. These methods may include: (a) The destruction of any infected onions; (b) A directive specifying implementation of Departmentally approved mitigation measures to prevent the spread of S. cepivorum; (c) Prohibit the pasturing of animals on any infested area; (d) A directive that equipment, tools, and machinery used on an infested area be cleaned and sterilized as described in section (3) of this rule prior to removal from said area. (6) The Department may, with the consent of the owner, allow use of an infested growing area as an experimental plot by Oregon State University for onion white-rot research. Such use shall be subject to the prior approval of, and supervised by the Department. (7) The Department, upon receipt of an application in writing, may issue a Special Permit allowing movement into or within this control area of regulated commodities not otherwise eligible for movement under the provisions of this control area order. An advisory committee consisting of Malheur County onion growers, packers, and processors shall review each application and provide input to the Director of the Department of Agriculture. Membership on the advisory committee shall be approved by the Department and the committee shall consist of three growers, two packers, and one processor. The committee must provide input to the Director within thirty (30) days of receipt of the application for review. The Director retains the final authority to approve or deny Special Permit requests. Movement of such commodities will be subject to any conditions or restrictions stipulated in the Special Permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of S. cepivorum. (8) The Department and other interested parties shall review the control area requirements biennially for accuracy and effectiveness. Or. Admin. Code § 603-052-0347
AD 2-1977, f. 2-9-77, ef. 3-1-77; DOA 4-2008, f. & cert. ef. 1-11-08; DOA 12-2009, f. & cert. ef. 8-21-09; DOA 20-2010, f. & cert. ef. 11-23-10; DOA 7-2013, f. & cert. ef. 4-26-13; DOA 3-2015, f. & cert. ef. 2/12/2016Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415