7 C.F.R. § 301.92-2

Current through September 30, 2024

Section 301.92-2 - Restricted, regulated, and associated articles; lists of proven hosts and associated plant taxa

(a)Restricted articles. The following are restricted articles:

(1) Bark chips or mulch located in a quarantined area and that are proven host plant taxa listed in accordance with paragraph (d) of this section.

(2) Forest stock located or grown in a quarantined area and that are proven host plant taxa or associated plant taxa listed in accordance with paragraph (d) or (e) of this section.

(3) Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum, if an inspector notifies the person in possession of the product or article that it is a restricted article.

(b)Regulated articles. The following are regulated articles:

(1) Nursery stock, decorative trees without roots, unprocessed wood and wood products, and plant products, including firewood, logs, lumber, wreaths, garlands, and greenery of proven host plant taxa listed in accordance with paragraph (d) of this section.

(2) Soil and growing media.

(3) Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum if an inspector notifies the person in possession of the product or article that it is subject to the restrictions in the regulations.

(c)Associated articles. The following are associated articles: Nursery stock of associated plant taxa listed in accordance with paragraph (e) of this section.

(d)Proven host plant taxa. The Administrator has determined that certain taxa of plants are proven hosts of Phytophthora ramorum. A list of all such proven host taxa is located on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod. Lists of all proven host taxa may also be obtained by request from any local Plant Protection and Quarantine (PPQ) office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. If the Administrator determines that a taxon not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod is a proven host of Phytophthora ramorum, APHIS will publish a notice in the FEDERAL REGISTER proposing to designate the taxon as a proven host of Phytophthora ramorum. The notice will provide the basis for this determination, and will request public comment. If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the FEDERAL REGISTER designating the taxon as a proven host of Phytophthora ramorum and listing it.

(e)Associated plant taxa. The Administrator has determined that certain plant taxa are associated with Phytophthora ramorum. A list of all such taxa is located on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod. Lists of all associated taxa may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. If the Administrator determines that a taxon not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod is associated with Phytophthora ramorum, APHIS will publish a notice in the FEDERAL REGISTER proposing to designate the taxon as associated with Phytophthora ramorum. The notice will provide the basis for this determination, and will request public comment. If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the FEDERAL REGISTER designating the taxon as associated with Phytophthora ramorum and listing it.

7 C.F.R. §301.92-2

72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16192, Apr. 18, 2019; 87 FR 80018, Dec. 29, 2022

84 FR 16192, 5/20/2019; 87 FR 80018, 1/30/2023