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Agriculture and Environment: Plant Pest Risk and Regulation “A State Perspective…..” Matthew A. Travis Maryland Department of Agriculture AGENDA Maryland Agricultural Law and Regulations Application and Implementation Case Studies: Post-Entry Quarantine

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agriculture and environment plant pest risk and regulation

Agriculture and Environment: Plant Pest Risk and Regulation

“A State Perspective…..”

Matthew A. Travis

Maryland Department of Agriculture

agenda
AGENDA
  • Maryland Agricultural Law and Regulations
  • Application and Implementation
  • Case Studies:
    • Post-Entry Quarantine
    • Nursery Stock with Imported Fire Ants
  • Summary
  • Questions
maryland agricultural law
Maryland Agricultural Law
  • The Annotated Code of the Public General Laws of Maryland
    • Agriculture – Title 5- Pesticide and Pest Control
  • Subtitle 3 – Plant Disease Control – Est. 1978
maryland agricultural law4
Maryland Agricultural Law
  • § 5-301. Definitions.
  • § 5-302. Inspections; rules governing certification and licensing; development of programs; fees; Plant Protection Fund.
  • § 5-303. Annual reports of Secretary.
  • § 5-304. Quarantine of infested or infected areas.
  • § 5-305. Aircraft dissemination of insecticides, fungicides, and bactericides.
  • § 5-306. Right of entry; treatment of plants.
  • § 5-307. Marking or tagging infested or infected plants; notice to owner; destruction. § 5-308. Reciprocal agreements for nursery stock.
maryland agricultural law5
Maryland Agricultural Law
  • § 5-308. Reciprocal agreements for nursery stock.
  • § 5-309. Inspection of nurseries; inspection and license fees; special certificates for certain plants.
  • § 5-310. Shipping nursery stock into State.
  • § 5-311. Selling or shipping nursery stock without certificate.
  • § 5-312. Condemnation of diseased nursery stock sold, shipped or delivered in State.
  • § 5-313. Penalties for violations of subtitle.
  • § 5-314. Alternative civil penalty; payments; regulations.
maryland agricultural law6
Maryland Agricultural Law
  • Plant Pest – "Plant pest" means any insect, snail, nematode, fungus, virus, bacteria, weed, or any other form of terrestrial or aquatic plant or microorganisms (except viruses, bacteria, or other microorganisms on or in living man or another living animal) which is normally considered to be a plant pest or which the Secretary declares to be a pest. 
maryland agricultural law7
Maryland Agricultural Law
  • Nursery Stock –
    • (1) any hardy plant or plant that survives Maryland winters, including a deciduous or evergreen tree, shrub, or woody vine whether cultivated, native, or wild, and all viable parts of the plant;
    • (2) any non-hardy plant or plant part to be distributed in another state that requires plant inspection and certification before entering the state; and
maryland agricultural law8
Maryland Agricultural Law
  • Nursery Stock –
    • (3) any other plant included by the Secretary, if regulating its movement is necessary to control dangerously injurious plant pests.
code of maryland agricultural regulations comar
Code of Maryland Agricultural Regulations (COMAR)
  • Title 15 – Department of Agriculture
    • Subtitle 06 – Plant Pest Control Law
    • Section 02 – Plant Pest Control Regulations
      • 15.06.02.01 – Definitions
      • 15.06.02.02 – Categories of Operation
      • 15.06.02.03- Certification of Nurseries
      • 15.06.02.04 – Plant Dealer License
      • 15.06.02.05 – Plant Broker License
      • 15.06.02.06 - Fees
code of maryland agricultural regulations comar10
Code of Maryland Agricultural Regulations (COMAR)
  • 15.06.02.07 - Plant Standards
  • 15.06.02.08 – Infested Plants or Plant Parts
  • 15.06.02.09 – Stop Sale
  • 15.06.02.10 – Condemnation Seizure
  • 15.06.02.11 – Treatment or Destruction Orders
  • 15.06.02.12 – Classification of Plant Pests
  • 15.06.02.13 – Reciprocal Agreements
  • 15.06.02.14 – Importation of Living Insects, Disease Agents and Other Pests
  • 15.06.02.15 – Plant Certification Programs
  • 15.06.02.16 – Phytosanitary Certificates
code of maryland agricultural regulations comar11
Code of Maryland Agricultural Regulations (COMAR)
  • 15.06.02.17 – Revocation, Suspension or Denial of a License, Permit, or Certificate.
  • 15.06.02.18 – Criminal Penalty
  • 15.06.02.19 Civil Penalty
application and implementaion
Application and Implementaion
  • Case # 1:
  • Post-Entry Quarantine – Permitting
    • Federal Statute – 7 CFR 319.37-7 (Q37)
      • Lists 66 plant genera as post-entry
    • COMAR 15.06.02.14, 15.06.02.15, 16
    • Potential Importer applies via e-permits
      • PPQ Form 546 – Agreement for Postentry Quarantine – State Screening Notice
      • Contacts State Plant Regulatory Official
      • Inspection of potential growing site by State
application and implementaion13
Application and Implementaion
  • Four primary conditions to be met:
    • Adequate buffer distance from plants of the same genus or other associated family (10 ft or 3 meters)
    • Adequate space for growth
    • Easily accessible for inspection
    • Facility is not prone to theft
application and implementaion14
Application and Implementaion
  • Post Entry Plant Inspection
    • 1st Growing Season
      • Consult PEQ manual for possible disease information
        • Viruses – look in spring during cool weather (when leaves are first expanding)
        • Example: Acer spp.
          • Maple Variegation – leaf expansion to 6 weeks after
      • Inventory all plants (no increase or decrease in numbers are permitted) – Maintain PEQ Tag
      • Record inspection on PPQ Form 236 – negative or positive results
application and implementaion15
Application and Implementaion
  • Post Entry Plant Inspection
    • 2nd Growing Season
      • Consult PEQ manual for possible disease information
        • Viruses – look in spring during cool weather (when leaves are first expanding)
        • Example: Acer spp.
          • Maple Variegation – leaf expansion to 6 weeks after
      • Inventory all plants (no increase or decrease in numbers are permitted)
      • Record inspection on PPQ Form 236 – negative or positive results
      • Inspector recommends or does not recommend for release – form is signed and forwarded to SPHD
application and implementaion16
Application and Implementaion
  • Case #2
    • Red Imported Fire Ant-IFA ( Solenopsis invicta Buren) in nursery stock coming from quarantined states
      • Regulated Federally under 7 CFR 301.81
      • Regulated Under COMAR 15.06.02.08,09,10,14
    • Palm trees coming from IFA quarantined state into Maryland
    • Inspected and certified under compliance agreement by origin state
    • Nurseries ship with federal shield stamp, verifying treatment for compliance
application and implementaion19
Application and Implementaion
  • Inspection team “intercepts” trees at initial point of entry (first location the truck arrives to)
  • Inspect root ball for ants, take soil samples for pesticide residual analysis
  • Inspect documentation for proper certifying marks
  • Sample any and all ants
  • Identify the ants and take action based on identification
  • Positive – STOP SALE / Treatment order is issued
summary
Summary
  • The State and Federal Regulations focus on the same goal- SAFEGUARDING AGRICULTURE
  • State regulations more specific to “local” agriculture
  • Federal Regulations tend to be “heavier hitting” when considering violations
  • State regulations necessary for intra-state conditions