Or. Admin. Code § 603-052-0126

Current through Register Vol. 63, No. 11, November 1, 2024

Section 603-052-0126 - Quarantine; European Corn Borer

A quarantine is established against European corn borer (Ostrinia nubilalis), a pest potentially harmful to many Oregon crops.

(1) Area Under Quarantine. All states and districts of the United States, except the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, New Mexico, Utah, and Washington, and any other state or district where European corn borer is found.

(2) Commodities Covered. All life stages of European corn borer. Corn, broomcorn, sorghums, and Sudan grass, plants and all parts thereof (including shelled grain and stalks, ears, cobs, and all other parts, fragments, or debris of said plants); beans in the pod; beets; celery; peppers (fruits); endive; Swiss chard; and rhubarb (cut or plants with roots); cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems), and gladiolus (except corms without stems), are hereby declared to be hosts or possible carriers of European corn borer.

(3) Definitions. As used in the quarantine and section:

(a) "Portions of Plants or Fragments Capable of Harboring Larva of European Corn Borer" means any portion of a host plant of any shape or size which cannot be passed through a 1/2-inch (1.27 cm) square aperture, and any completely whole, round, uncrushed section, portion, or piece of cob, stalk, or stem of one inch or more in length and 3/16-inch (0.48 cm) or more in diameter;

(b) "Official Certificate" means a document, issued by a duly authorized representative of the designated state, county, or federal department of agriculture, evidencing compliance with the provisions of this regulation;

(c) "Department" means the Department of Agriculture of the State of Oregon;

(d) "Shelled Grain" means the seeds or kernels separated from all other plant parts of corn, broomcorn, sorghum, and Sudan grass.

(4) Restrictions.

(a) Shelled grain must meet one of the following conditions.

(A) Shelled grain grown in or shipped from the area under quarantine described in section (1) of this rule must be clean and free of portions of plants or fragments capable of harboring larva of European corn borer as defined above, or

(B) Shelled grain may be accompanied by an official certificate showing that is has been disinfected or sterilized in a manner effective at killing all European corn borer according to label instructions.

(b) Covered commodities other than shelled grain must meet one of the following options.

(A) Covered commodities must be produced under a commercial production and packing system that ensures that the final product is free from European corn borer. Details of the pest management system must be made available to the Department upon request, or

(B) Covered commodities are accompanied by an official certificate stating that the commodity has been inspected and found free from European corn borer, or

(C) Covered commodities are accompanied by an official certificate stating that they have been treated in a manner effective against European corn borer according to label instructions.

(5) Violations. Any lot or shipment of a covered commodity from the area under quarantine, which does not meet the requirements in (4)(a) or (b) above or which contains any life stage of European corn borer shall be deemed to be in violation of this quarantine and is subject to treatment, re-export, or disposal as required by the Department.

Or. Admin. Code § 603-052-0126

AD 906(12-69), f. 9-23-69, ef. 10-15-69; DOA 7-2012, f. & cert. ef. 3-26-12; DOA 2-2014, f. & cert. ef. 2-14-14

Diagrams referenced are available from the agency.

Stat. Auth.: ORS 561.190, 561.510 - 561.600, 570.305, ORS 570.405 & 570.410 - 570.415

Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415