DEPARTMENT OF AGRICULTURE

Plant Industries Section

Statutory Authority: 3 Delaware Code

Section 1102 (3 Del.C. § 1102)

EMERGENCY ORDER ADOPTING REGULATIONS

Plant Pests

AND NOW this 18^th day of March, the Secretary of Delaware’s Department of Agriculture, in discharging his duties and responsibilities under 3 Del.C. §1102 to eradicate, repress and prevent the spread of plant pests (i) within the State, (ii) from within the State to points outside the State, and (iii) from outside the State to points within the State deems it imperative that the following regulations be adopted on an emergency basis to prevent their spread within the State. The Secretary proposes the immediate adoption of the following regulations to protect the health of the uninfected plants within Delaware and to negate or minimize the potential adverse economic implications to Delaware’s overall nursery industry and trees in Delaware, as follows:

1.0 The entire State of Delaware is hereby closed to shipments of all nursery stock that originates and/or is shipped from the State of California listed by USDA-APHIS-PPQ as “Regulated and Associated Plants for Phytophthora ramorum” (Sudden oak death, APHIS 3/12/2004 as listed below, or most current list).

2.0 All nurseries (Title 3, Chapt. 13, §1303) within the State of Delaware that have received shipments of nursery stock (Title 3, Chapt. 13, §1303) from the State of California are prohibited from selling, moving, (Title 3, Chapt. 13, §1303) or transporting this material.

2.1 This prohibition will remain in effect until the State of California develops an expanded quarantine to account for all new detections of Sudden oak death and satisfactorily declares suspect California nursery stock free of the pathogen.

2.2 Nurseries and plant dealers within Delaware who have received shipments of nursery stock from California are hereby prohibited from selling, moving, or transporting this nursery stock until they receive a release from Plant Industries, Delaware Department of Agriculture.

3.0 Nursery stock that originates and/or is shipped from the State of California listed by USDA-APHIS-PPQ as “Regulated and Associated Plants for Phytophthora ramorum” (Sudden oak death, APHIS 3/12/2004 listed below, or most current list), to be used for experimental or scientific purposes may be excepted from this regulation with the possession of a valid USDA-APHIS-PPQ Plant Pest permit. This material is subject of examination and release by Plant Industries.

4.0 Any plants found to have been transported or moved in violation of these regulations shall be destroyed, according to Sudden oak death, APHIS 3/12/2004, Treatments and Biosecurity, by this Department. Failure to comply with these prohibitions may result in the assessment of a civil penalty of up to $1,000, to both the Dealer and Agent, Broker, or Consignor (Title 3, Chapt. 13, §1303) responsible for movement or sale, for each plant (Title 3, Chapt. 13, §1303) in violation, after an administrative hearing as stated in Title 3, Chapt. 11, §1108.

5.0 The State Department of Agriculture authorizes its duly appointed agents to cooperate with other agencies of the State of Delaware, counties or municipalities of the State of Delaware, corporations, individuals, or Federal agencies in carrying our the purposes of these rules and regulations.

6.0 These rules and regulations shall take effect on the eighteenth day of March, 2004.

Michael T. Scuse, Secretary, Department of Agriculture

March ____ , 2004

APHIS LIST OF REGULATED AND ASSOCIATED PLANTS FOR PHYTOPHTHORA RAMORUM

Plant species regulated for Phytophthora ramorum (these are regulated in whole or in part, see www.aphis.usda.gov/ppq/ispm/sod)

Plant species associated with P. ramorum (these are not currently regulated, see www.aphis.usda.gov/ppq/ispm/sod)

Abies grandis	Grand fir	Aesculus hippocastanum	Horse chestnut
Arbutus unedo	Strawberry tree	Camellia reticulata	Camellia
Camellia x williamsii	Camellia	Castanea sativa	Sweet chestnut
Corylus cornuta	California hazel	Fagus sylvatica	European beech
Kalmia latifolia	Mountain laurel	Leucothoe fontanesiana	Leucothoe
Rhamnus purshiana	Cascara	Pieris formosa v. forrestii	Pieris
Pieris formosa v. forrestii x japonica	Pieris	Pittosporum undulatum	Victorian box
Quercus falcata	Southern red oak	Quercus ilex	Holm oak
Quercus rubra	Northern red oak	Quercus sativa	European turkey oak
Rubus spectabilis	Salmonberry	Syringa vulgaris	Lilac
Taxus baccata	European yew	Toxicodendron diversiloba	Poison oak
Vaccinium vitis-idaea	Lingonberry	Viburnum davidii	David viburnum
Viburnum farreri (= V. fragrans)	Fragrant viburnum	Viburnum lantana	Wayfaringtree viburnum
Viburnum opulus	European cranberrybush viburnum	Viburnum x burkwoodii	Burkwood viburnum
Viburnum x carlcephalum x utile	Viburnum	Viburnum x pragense	Prague viburnum

7 DE Reg. 1235 (04/01/04) (Emer.)