Section 0080-06-26-.11 - INSPECTION AND SAMPLING PROTOCOL(1) Annual nursery inspection and sampling. To meet the requirements of 0080-6-26.06 (1)(d) of this subpart, nurseries that ship regulated articles of nursery stock intrastate must be inspected for symptoms of Phytophthora ramorum annually in accordance with this section.(a) If the nursery contains 100 or fewer regulated articles, an inspector will inspect each regulated article. If the nursery contains more than 100 regulated articles, an inspector will inspect 100 regulated articles and at least 2 percent of the number of regulated articles contained in the nursery that exceeds 100. The regulated articles to be inspected will be randomly selected from throughout the nursery.(b) If symptomatic plants are found upon inspection, the inspector must collect at least one sample per symptomatic plant.(c) If fewer than 40 symptomatic plants are found in a nursery during an annual inspection, the inspector must collect samples from non symptomatic regulated articles of nursery stock so that the total number of sampled plants is at least 40.(d) Samples must be labeled and sent for testing to a laboratory approved by APHIS.(e) If any regulated articles within a nursery are found to be infected with Phytophthora ramorum, the nursery will be prohibited from moving regulated articles intrastate until such time as an inspector can determine that the nursery is free of Phytophthora ramorum.(2) Inspection and sampling of individual shipments. To meet the requirements of 0080-6-26-.06(1)(d) of this subpart, each shipment of regulated articles of nursery stock intended for intrastate movement must be inspected for symptoms of Phytophthora ramorum in accordance with this section. (a) If a shipment contains 100 or fewer regulated articles, an inspector will inspect each regulated article. If a shipment contains more than 100 regulated articles, an inspector will inspect 100 regulated articles and at least 2 percent of the number of regulated articles contained in the shipment that exceeds 100. The regulated articles to be inspected will be randomly selected.(b) If symptomatic plants are found upon inspection, the inspector will collect at least one sample per symptomatic plant, and one sample per regulated article of nursery stock that is in close proximity to or that has had physical contact with a symptomatic plant.(c) Samples will be labeled and sent for testing to a laboratory approved by APHIS, and must be found free of Phytophthora ramorum prior to the intrastate movement of any regulated articles contained in the shipment.(d) If any plants intended for intrastate movement are found to be infected with Phytophthora ramorum, the nursery from which they originate will be prohibited from moving regulated articles intrastate until such as time as an inspector can determine that the nursery is free of Phytophthora ramorum.Tenn. Comp. R. & Regs. 0080-06-26-.11
Original rule filed November 9, 2005; effective March 30, 2006.Authority: T.C.A. §§ 43-6-107 and 43-6-110.