California Citrus Nursery Board

3.7—Laws and Regulations

Federal Quarantines

FEDERAL DOMESTIC QUARANTINE ORDER

Epiphyas postvittana (Light Brown Apple Moth)

DA-2008-17

The purpose of this Federal Order is to prevent the spread of Light Brown Apple Moth (LBAM), Epiphyas postvittana, through regulatory authority provided by Section 412(a) of the Plant Protection Act of June 20, 2000, as amended, 7 U.S.C. 7712(a), which authorizes the Secretary of Agriculture to prohibit or restrict the movement in interstate commerce of any plant, plant part, or article if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination of a plant pest within the United States.

The Administrator of the Animal and Plant Health Inspection Service (APHIS) considers it necessary, in order to prevent the dissemination of the LBAM, to establish restrictions on the interstate movement of certain regulated articles from the States of California and Hawaii as described in this Federal Order.

The Administrator issued a Federal Order on May 2, 2007, establishing restrictions on the interstate movement of certain regulated articles from the States of California and Hawaii because of LBAM infestations. The Federal Order of May 2, 2007, designated certain counties in California as well as all counties in Hawaii as quarantined areas. The May 2, 2007, the Federal Order also enumerated regulated articles that could not be moved interstate from those quarantined areas. The Administrator revised on September 17 the Federal Order to add the counties of Los Angeles, Napa, and Solano to the California quarantine area as LBAM detections had occurred in those counties. In addition, the revised Federal Order identified a list of regulated articles (Appendix 1) determined to be exempted from the conditions required in the earlier May 2, 2007, LBAM Federal Order for interstate movement of regulated articles. The exemption is applicable only to commercially-produced commodities based on the pest mitigations provided through industry standards of production, harvesting, and packaging practices for each of the exempted commodities. The Federal Order of November 20, 2007, removed the counties of Napa and Los Angeles from the quarantine area of California for meeting the conditions for removal from the quarantine area as set in the LBAM regulatory protocol (Appendix 2). This Federal Order adds the counties of Santa Barbara and Sonoma to the California quarantine area due to LBAM detections that have occurred in the counties.

  1. Quarantined Areas:
    The Administrator will list as a regulated area each state, or each portion of a state, in which LBAM has been confirmed by an inspector to be present, in which the Administrator has reason to believe that LBAM is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which LBAM has been found.
    Less than an entire state will be designated as a quarantine area only if the Administrator determines that:
    1. The state has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed by the Administrator on the interstate movement of regulated articles; and
    2. The designation of less than the entire state as a quarantine area will be sufficient to prevent the interstate spread of LBAM.
    The Administrator or an inspector may temporarily designate any non-quarantine area as a quarantine area. The Administrator will give a copy of this Order along with a written notice for the temporary designation to the owner or person in possession of the non-quarantine area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantine area will be subject to this Order. As soon as practicable, this area will be added to the list of quarantine areas or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable.
    The Administrator has determined that California has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed by the Administrator on the interstate movement of regulated articles; and that the designation of less than the entire State of California as a quarantine area will be sufficient to prevent the interstate spread of LBAM.
    The following areas are designated as quarantined areas:
    1. State of California – the counties of Alameda, Contra Costa, Marin, Monterey, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Santa Barbara, and Sonoma.
    2. State of Hawaii – all counties.
  2. Determination of Infestation:
    Any county in which any of the LBAM life stages are found, including eggs, larvae, pupae, or adults will be considered a quarantined area.
  3. Regulated Articles:
    The following are regulated articles, and may not be moved interstate from a quarantine area except in accordance with this Order:
    1. Nursery stock
    2. Cut flowers, garlands, wreaths or greenery of any plants
    3. Cut trees and shrubs, such as Christmas trees
    4. Greenwaste
    5. Fruits and vegetables (except as indicated on the attached list of exempted commodities
    6. Green Hay
    7. Bulk fresh herbs and spices (except as indicated on the attached list of exempted commodities
    8. Any other products, articles, or means of conveyance of any character whatsoever, when it is determined by an inspector that they present a hazard of spread of LBAM.
  4. Conditions for Interstate Movement of Regulated Articles:
    1. State of California –
      1. In order to be eligible for interstate movement, nursery stock, cut flowers, garlands, wreaths or greenery of any plants, trees and bushes, greenwaste, and green hay located 1.5 miles or less from a LBAM detection site in any of the quarantined counties must meet the following conditions:
        1. Trapping for LBAM must occur on each premises or farm that ships regulated articles interstate. Premises or farms that are larger than five acres must maintain traps at a density of one trap every five acres or less. Premises or farms that are equal to or less than five acres must be trapped with a minimum of one trap. Inspection of traps by an inspector must occur biweekly;
        2. Nurseries and cut flower farms must implement an Integrated Pest Management (IPM) program that consists of regular inspection and approved treatments designed to target LBAM; and
        3. Each shipment of articles intended for interstate movement must be inspected by an inspector and a certificate issued for interstate movement only if the articles are found free of any life stages of LBAM.
      2. In order to be eligible for interstate movement under certificate, nursery stock, cut flowers, garlands, wreaths or greenery of any plants, trees and bushes, greenwaste, and green hay, located more than 1.5 miles from a LBAM detection in any of the quarantined counties must meet the following conditions:
        1. Trapping for LBAM must occur on each premises or farm that ships regulated articles interstate. Premises or farms that are larger than five acres must maintain traps at a density of one trap every five acres or less. Premises or farms that are equal to or less than five acres must be trapped with a minimum of one trap. Inspection of traps by an inspector must occur biweekly to ensure freedom from LBAM.
        2. Each establishment or facility must be subjected to one visual inspection by an inspector to verify freedom from any LBAM life stages, including eggs, larvae, pupae; and
        3. Each establishment that is inspected and found free of LBAM must be included in a master list of certified LBAM-free facilities maintained by CDFA to ensure compliance with the above two conditions.
      3. Fruits and vegetables and bulk fresh herbs and spices (except as indicated in the attached list of exempted commodities) growing in areas 1.5 miles or less from a LBAM detection site in any of the quarantined counties must meet the following conditions:
        1. Trapping for LBAM must occur at an approved trapping density and must be inspected by an inspector biweekly; and
        2. Each premise or farm must be inspected at least once by an inspector 30 days prior to the interstate movement of regulated articles and found free of LBAM.
      4. Fruits and vegetables and fresh herbs and spices (except as indicated on the attached list of exempted commodities) growing in areas located more than 1.5 miles from a LBAM detection in any of the quarantined counties must meet the following conditions:
        1. Trapping for LBAM must occur at an approved detection level and traps must be inspected by an inspector biweekly.
    2. State of Hawaii – Certificates may be issued by an inspector for the interstate movement of all regulated articles from all counties, provided they meet the conditions specified below:
      1. Regulated articles must be inspected by an inspector and found free from any life stages of LBAM.
  5. Definitions:
    • Certificate: A document, stamp, or imprint by which an inspector affirms that a specified regulated article meets applicable requirements of this subpart and may be moved interstate to any destination.
    • Green Hay: Any grass or legumes cut and stored used for animal feed that can harbor and sustain any life stages of LBAM.
    • Greenwaste: Dead or dying plants and plant parts.
    • Inspector: Any employee of APHIS, the U.S. Department of Agriculture, or any employee of a State, a County, or any other person specifically authorized by the Administrator to perform the duties required under this Order.

FEDERAL DOMESTIC QUARANTINE ORDER:
CITRUS GREENING DISEASE (CG)
and
ASIAN CITRUS PSYLLID (ACP)

October 1, 2008

The purpose and goal of this Federal Order is to prevent the spread of harmful citrus diseases and vectors, one is the citrus greening disease (CG) also known as Huanglongbing disease of citrus, caused by the bacterial pathogen Candidatus Liberibacter spp., and the other is its vector the Asian citrus psyllid (ACP), Diaphorina citri Kuwayama. This Federal Order is issued pursuant to Section 412(a) of the Plant Protection Act of June 20, 2000, as amended, 7 U.S.C. 7712(a), which authorizes the Secretary of Agriculture to prohibit or restrict the movement in interstate commerce of any plant, plant part, or article if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination of a plant pest within the United States.

The Administrator of the Animal and Plant Health Inspection Service (APHIS) has determined that it is necessary, in order to prevent the destructive and harmful dissemination of CG and/or ACP, to establish restrictions on the interstate movement of CG host material from quarantined areas in the States of Florida and Louisiana and ACP host material from quarantined areas in the States of Alabama, California, Florida, Georgia, Hawaii, Louisiana, Mississippi, South Carolina, and Texas, as well as the Commonwealth of Puerto Rico and the Territory of Guam as described below in this Federal Order.

Citrus greening disease, a highly injurious disease of citrus, was first detected in the United States in Miami-Dade County, Florida in 2005, and currently has been confirmed in 30 counties in Florida. CG has also been confirmed in Orleans and Washington parishes in Louisiana. ACP is both a vector for the CG disease, and a pest of citrus in its own right. ACP is currently present in Florida, Hawaii, Puerto Rico, Guam, and portions of Alabama, California, Georgia, Louisiana, Mississippi, South Carolina, and Texas.

APHIS released additional Federal Orders (DA#2008-31), (DA#2008-36), and (DA#2008-40) dated July 11, 2008, July 22, 2008, and August 5, 2008 respectively, adding Lafourche, Terrebonne, St. Tammany, and St. James to the list of parishes quarantined for ACP in Louisiana.

On September 12, 2008, APHIS issued an expanded Federal Order (DA#2008-61) by quarantining for ACP the entire State of Georgia and additional counties in the States of Alabama, Mississippi, South Carolina, and Texas. Although ACP has only been found in five counties in Georgia, the State has elected not to establish a parallel intrastate quarantine and thus the entire State will be listed as a quarantined area for ACP in order to prevent further dissemination of the pest.

On September 2, 2008, APHIS confirmed ACP, Diaphorina citri Kuwayama, in San Diego County, California. The ACP specimen was collected from a lemon tree in a residential area of San Diego approximately 11 miles north of the international border with Mexico. Additionally, on September 5, 2008, APHIS confirmed CG on an orange tree at a residential property in Washington parish, Louisiana.

Accordingly, the APHIS Administrator has expanded the September 12, 2008 Federal Order to prevent further spread of CG and of ACP to include the additional quarantined area of Washington parish, LA for CG and a designated portion of San Diego County, CA, for ACP.

The nine previous Federal Orders and their plant pest disease control actions have been necessary due to the continuing spread of both CG and ACP. This Federal Order updates and replaces all previous versions of the Federal Order regarding domestic quarantines, treatment provisions, and designated restricted and regulated articles to prevent the dissemination of CG and ACP.

QUARANTINES and TREATMENT REQUIREMENTS

This Federal Order imposes the following quarantines: (1) A quarantine of the entire State of Florida and Orleans and Washington parishes in Louisiana for CG, (2) A quarantine of portions of the States of Alabama, California, Louisiana, Mississippi, South Carolina, and Texas, for ACP, and (3) Quarantines of the entire States of Florida, Georgia, and Hawaii, the entire Territory of Guam, and the Commonwealth of Puerto Rico, for ACP.

The partial State quarantine of Alabama, California, Louisiana, Mississippi, South Carolina, and Texas for ACP is contingent upon the States adopting parallel intrastate quarantines or amending their existing intrastate quarantines to provide equivalent controls on the movement of restricted articles from quarantined counties to non-quarantined counties within the respective States. Texas adopted a parallel intrastate quarantine on November 30, 2007. Louisiana adopted a parallel intrastate quarantine on June 23, 2008. The States of Alabama, California, Mississippi, and South Carolina are taking steps to adopt parallel intrastate quarantines which will become effective upon the signature of the States’ Agricultural Commissioners.

  1. QUARANTINE FOR CITRUS GREENING DISEASE (CG)
    1. Quarantined Areas. The following areas are quarantined due to the presence of CG:
      Florida: The entire State of Florida
      Louisiana: The following parish: Orleans parish and Washington parishes.
    2. Restricted Articles. The following articles are hosts of CG and are prohibited from being moved interstate from areas quarantined (the entire State of Florida and Orleans parish, Louisiana) due to the presence of CG:
      The following are restricted articles 1:
      1. All plants and plant parts, including but not limited to nursery stock, cuttings, budwood, and propagative seed (but excluding fruit), of: Aeglopsis chevalieri, Balsamocitrus dawei, Bergera (=Murraya) koenigii, Calodendrum capense, X Citrocirus webberi, Citrus madurensis (= X Citrofortunella microcarpa), Citrus spp., Clausena indica,C. lansium, Fortunella spp., Limonia acidissima, Microcitrus australasica, Murraya spp., Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, Triphasia trifolia, Vepris (=Toddalia) lanceolata.
      2. Any other product, article, or means of conveyance, if an inspector determines that it presents a risk of spreading citrus greening, and after the inspector provides written notification to the person in possession of the product, article, or means of conveyance that it is subject to the restrictions of the regulations.
        The APHIS Administrator may allow the interstate movement and exportation of restricted plants and/or nursery stock if it has been grown, produced, handled, treated, and transported in a manner that, in the judgment of the Administrator, prevents the restricted article from presenting a risk of spreading CG. The APHIS Administrator has determined that restricted plants and trees grown, produced, or maintained at a nursery or other facility located in a quarantined area that are not eligible for interstate movement under this Federal Order may be moved interstate but only for immediate exportation out of the United States. Accordingly, these restricted plants and trees from Florida or from Orleans parish, Louisiana, must be moved directly to the port of export in accordance with the conditions of the limited permit, in a container sealed by APHIS. It should also be noted that regardless of any action that might be taken with regard to CG, many species that are restricted articles under this Federal Order are also regulated with regard to citrus canker under the Federal Citrus Canker Quarantine (7 CFR 301.75).
  2. QUARANTINE FOR THE ASIAN CITRUS PSYLLID (ACP)
    1. Quarantined Areas. The following areas are quarantined due to the presence of the ACP (See Appendix A for additional infested areas):
      Alabama: The following county: Baldwin.
      California: The portion of San Diego, county, California as described below:
      In San Diego County; beginning at the of intersection of US Interstate 5 and State Highway 78; then, starting northeasterly along State Highway 78 to its intersection with 10th Street; then, starting southeasterly along 10th Street to its intersection with San Vicente Road; then, starting southwesterly along San Vicente Road to its intersection with Wildcat Canyon Road; then, starting southeasterly along Wildcat Canyon Road to its intersection with Featherstone Canyon Road; then, starting easterly along Featherstone Canyon Road to its intersection with El Cajon Mountain Truck Trail; then, southeasterly along an imaginary line to its intersection with Tule Springs Road; then, starting northeasterly along Tule Springs Road to its intersection with Tule Springs Truck Trail; then, starting northwesterly along Tule Springs Truck Trail to its intersection with Eagle Peak Road; then, starting easterly along Eagle Peak Road to its intersection with Pine Hills Road; then, starting southeasterly along Pine Hills Road to its intersection with Boulder Creek Road; then, starting southwesterly along Boulder Creek Road to its intersection with Engineers Road; then, starting northeasterly along Engineers Road to its intersection with State Highway 79; then, starting southeasterly along State Highway 79 to its intersection with Sunrise Highway; then, starting southeasterly along Sunrise Highway to its intersection with Thing Valley Road; then, easterly along Thing Valley Road to its intersection with the boundary line of the Anza-Borrego Springs Minor Civil Division; then, starting easterly along said boundary line to its intersection with US Interstate 8; then, starting southeasterly along US Interstate 8 to its intersection with the boundary line of San Diego County; then, southerly along said boundary line to its intersection with the boundary line of the State of California; then, starting westerly along said boundary line to its intersection with the boundary lines of the City of Oceanside and City of Carlsbad; then, starting northeasterly along the boundary line of the City of Carlsbad to its intersection with US Interstate 5; then, northwesterly along US Interstate 5 to the point of beginning.
      Florida: The entire State of Florida.
      Georgia: The entire State of Georgia.
      Louisiana: The following parishes: Jefferson, Lafourche, Orleans, Plaquemines, St. Charles, St. James, St. Tammany, and Terrebonne.
      Mississippi: The following county: Hancock.
      South Carolina: The following counties: Beaufort, Charleston, and Colleton.
      Texas: The following counties: Aransas, Atascosa, Bee, Bexar, Brazoria, Brooks, Caldwell, Cameron, Dimmit, Duval, Ft. Bend, Harris, Hidalgo, Jefferson, Jim Hogg, Jim Wells, Kenedy, Kleberg, Live Oak, Matagorda, Maverick, McMullen, Nueces, Refugio, San Patricio, Starr, Uvalde, Val Verde, Victoria, Waller, Washington, Webb, Willacy, and Zapata counties.
      Guam: All islands of the Territory of Guam.
      Hawaii: All islands of the State of Hawaii.
      Puerto Rico: The entire Commonwealth.
    2. Regulated Articles 2 The following are regulated articles based on the fact that they are plants or plant parts that are hosts of ACP. Regulated articles may only be moved interstate from areas quarantined due to the presence of the ACP in strict accordance with this Order:
      The following are regulated articles: All plants, budwood, cuttings, or other fresh or live plant parts, except seed and fruit, of: Aegle marmelos, Aeglopsis chevalieri, Afraegle gabonensis,A. paniculata, Atalantia monophylla, Atalantia spp., Balsamocitrus dawaei, Bergera (=Murraya) koenigii, Calodendrum capense, X Citrocirus webberi, Citropsis articulata, Citropsis gilletiana,C. schweinfurthii, Citrus madurensis (= X Citrofortunella microcarpa), Citrus spp., Clausena anisum-olens,C. excavata,C. indica,C. lansium, Eremocitrus glauca, Eremocitrus hybrid, Fortunella spp., Limonia acidissima, Merrillia caloxylon, Microcitrus australasica, Microcitrus australis,M. papuana, X Microcitronella spp., Murraya spp., Naringi crenulata, Pamburus missionis, Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, Tetradium ruticarpum, Toddalia asiatica, Triphasia trifolia, Vepris (=Toddalia) lanceolata, and Zanthoxylum fagara.
    3. Requirements for Interstate Movement. In order to be eligible to move interstate from ACP quarantined areas, regulated articles must meet the following requirements:
      1. Treatment. All regulated articles moving interstate from areas quarantined for the ACP must be treated with any approved treatment for ACP either listed in 7 CFR 305 or listed below in this Order 3 using an Environmental Protection Agency (EPA)-approved product labeled for use in nurseries. Persons applying treatments must follow the product label, its applicable directions, and all restrictions and precautions, including statements pertaining to Worker Protection Standards.
        1. Regulated articles not intended for consumption must be treated with a drench containing imidacloprid as the active ingredient within 30 days prior to shipping and also be treated with a foliar spray with a product containing either acetamiprid, chlorpyrifos, or fenpropathrin as the active ingredient within 10 days prior to movement.
        2. Or, in the case of regulated articles intended for consumption or decorative use, such as fresh curry leaf (Bergera (=Murraya) koenigii), or mock orange (Murraya paniculata) leaves that are incorporated into leis or floral arrangements, this plant material must be treated prior to the interstate movement in accordance with APHIS treatment schedule T101-n-2 (methyl bromide fumigation treatment for external feeding insects on fresh herbs) at the times and rates specified in the treatment manual and safeguarded until export. This information can be found on page 5-2-28 of the treatment manual, located online; or
        3. And, as an alternative to methyl bromide fumigation, these regulated articles described immediately above in ii originating from an area not quarantined for CG may be treated with irradiation in accordance with 7 CFR 305.
      2. Fresh fruit. While fresh fruit is not a regulated article under this Federal Order, fruit being moved interstate from areas quarantined for ACP to citrus producing areas where ACP is not present (Alabama, American Samoa, Arizona, California, those portions of Louisiana not quarantined due to the presence of ACP, Northern Mariana Islands, Puerto Rico, those portions of Texas not quarantined due to the presence of ACP, and the Virgin Islands of the United States) must be cleaned using normal packinghouse procedures. This means that fruit moved in bulk containers to these areas for repacking or processing can not come directly from groves, but must go through the normal cleaning process at a packinghouse before it is moved.
      3. Inspection. All regulated articles that have been treated as provided above must be inspected by an inspector and found free of the ACP within 72 hours prior to shipping. Inspection of curry leaf that is treated with methyl bromide fumigation will not be required since the treatment is considered to be effective in killing all life stages of ACP that might be present.
      4. Conditions for issuance of a certificate for interstate movement for regulated articles intended for consumption, for use as apparel or as a similar personal accessory, or for other decorative use.
        1. A certificate will be issued for regulated articles intended for consumption (e.g., Bergera (=Murraya) koenigii and Citrus hystrix leaves), for use as apparel or as a similar personal accessory, or for other decorative use (e.g., Murraya paniculata flowers), and such articles may be moved interstate to any State from an area quarantined for Asian citrus psyllid, but not for citrus greening, if:
          1. The article is treated with irradiation in accordance with 7 CFR part 305; and
          2. The article is shipped in a container that has been sealed with an agricultural seal placed by an inspector; and
          3. The container that will be moved interstate is clearly labeled with the certificate, which must contain:
            1. The name of the State or portion of a State where the regulated article was produced; and
            2. A statement certifying that the article was treated in accordance with 7 CFR part 305; and
          4. A copy of this certificate will be attached to the consignee’s copy of the accompanying waybill.
        2. Conditions for the issuance of a certificate for the interstate movement of any regulated article. A certificate will be issued for any regulated article and the article may be moved interstate to any State from an area quarantined for Asian citrus psyllid, but not for citrus greening, if the article is treated with methyl bromide in accordance with 7 CFR part 305, rather than irradiation, and all other conditions for interstate movement of the article contained in paragraph (a) of this section are fulfilled.
          Curry leaf (Bergera (=Murraya) koenigii) leaves intended for consumption, or other articles intended for decorative purposes that include such plant material as mock orange (Murraya paniculata) leaves that are incorporated into leis or floral arrangements, that have been fumigated using methyl bromide in accordance with T101-n-2 as specified in 3. A. iii. or treated with irradiation as described in 7 CFR 305 may be moved to any State or area. The boxes or containers in which the treated leaves are moved interstate must be marked to indicate where the leaves were produced and must also indicate that the leaves have been treated in accordance with APHIS requirements.
      5. E. Limited Permit. The regulated articles may not be moved to American Samoa, Arizona, Northern Mariana Islands, and the Virgin Islands of the United States, those portions of Alabama, California, Louisiana, Mississippi, South Carolina, and Texas not quarantined due to the presence of ACP, and must be accompanied by a limited permit issued by an authorized representative of the State, Territory, Commonwealth, or APHIS, or by a person operating under compliance agreement as specified below. The statement "Limited permit: USDA-APHIS-PPQ. Not for distribution in AZ, American Samoa, Northern Mariana Islands and the Virgin Islands of the United States or those portions of AL, CA, LA, MS, SC and TX not quarantined due to the presence of ACP" must be displayed on a plastic or metal tag attached to each plant, or on the box or container if the plant is sealed in plastic, or in the case of plant parts (leaves, cuttings, etc.) on the box or other container in which plant material is packed. In addition, this statement must be displayed on the outside of any shipping containers used to transport these plants, and the limited permit must be attached to the bill of lading or other shipping document that accompanies the plants. This labeling may not be used on plants or products that do not meet the requirements of this Order.
      6. Compliance Agreements. Any person engaged in the business of growing or handling regulated articles for interstate movement may enter into a compliance agreement with the Animal and Plant Health Inspection Service to facilitate the interstate movement of regulated articles in accordance with all of the requirements of this Federal Order and this specific subpart, subject to monitoring and audits by the State, Territory, Commonwealth, or APHIS regulatory official. Such persons must agree to handle, pack, process, treat, and move regulated articles in accordance with this Federal Order; to use all permits and certificates in accordance with instructions; and to maintain and offer for inspection such records as may be required. Compliance agreements may be arranged by contacting a local office of Plant Protection and Quarantine, Animal and Plant Health Inspection Service (listed in local telephone directories), or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236.
        Cancellation. Any compliance agreement may be cancelled orally or in writing by an inspector if the inspector finds that the person who entered into the compliance agreement has failed to comply with all of the requirements of this Federal Order and this specific subpart. If the person is given notice of cancellation orally, written confirmation of the decision and the reasons for it must be provided as promptly as circumstances allow. Any person whose compliance agreement is cancelled may appeal the decision in writing to the APHIS Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Administrator must grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator.
    4. Definitions.
      • Certificate. A document, stamp, or other means of identification approved by APHIS and issued by an inspector or person operating under a compliance agreement when he or she finds that, because of certain conditions, a regulated article can be moved safely from an area quarantined for Asian citrus psyllid without spreading the psyllid. This certificate authorizes the interstate movement of a regulated article and is therefore provided pursuant to the provisions of the Plant Protection Act (PPA) of 2000, as amended, 7 USC 7701 et seq., and anyone issuing such a certificate must comply with all of the applicable provisions of the PPA including 7 USC 7734 as well as this FO.
      • Inspector. Any person authorized by the Administrator of APHIS to enforce the requirement of this Order.

1 The Federal Order (DA#2008-02) issued on January 11, 2008, provided a list of restricted articles due to CG. The list of restricted articles pertaining to this June 2008 Federal Order has been updated to include nomenclatural revisions due to taxonomic name changes. back

2 The Federal Order (DA#2008-02) issued on January 11, 2008, provided a list of regulated articles due to ACP. The list of regulated articles pertaining to this June 2008 Federal Order has been updated to include nomenclatural revisions due to taxonomic name changes. In addition, we have added a new host, Tetradium ruticareum and have also consolidated the host list. back

3 Irradiation may be used in accordance with 7 CFR 305 but may only be used if the regulated articles originate from an area not quarantined for CG. back

Appendix A: Additional Areas Known to be Infested with Asian Citrus Psyllid

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