Mo. Code Regs. tit. 2 § 70-10.080

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 2 CSR 70-10.080 - Certification Requirements

PURPOSE: This rule sets forth the procedures for certification of native wild plant material, virus-free fruit tree nursery stock, and virus-free grapevine nursery stock.

(1) The inspection of collected native wild plant material is required and is provided for in this section. Whenever an individual offers for sale collected native wild plant material, it shall be advertised and sold as such. The buyer must be informed as to the nature of this stock and all shipments must bear a collected native wild plant inspection certificate. Certification shall be on the basis of inspection of the collecting range or periodic inspections of plant material being sold.

(2) Fruit tree virus disease certification of nursery stock is provided for under this section. Certified nursery stock advertised or sold with reference to freedom from virus and virus-like disease and sources of propagating material for virus-certified nursery stock shall meet one (1) of the following classifications:

(A) Cooperating nurseries may register parent trees with the Missouri Department of Agriculture to serve as source material for scion blocks. These trees will be known as Registered Parent Trees. Registered Parent Trees shall meet the following requirements:

1. The source of budwood for Registered Parent Trees shall be either the Interregional Research Project (IR-2), another government-approved virus-free repository or a source indexed and visually inspected for freedom from virus infection under the supervision of the Missouri Department of Agriculture for the following diseases:

A. Malus sources shall be indexed for freedom from stem pitting, stem grooving, spy lethal, bud necrosis, and chlorotic leaf spot. These sources shall have borne fruit and shall be inspected visually for other infectious abnormalities such as scar skin, rubbery wood, mosaic, and flat limb;

B. Pyrus sources shall have borne fruit and shall be inspected visually for foliar and fruit abnormalities of a genetic or infectious nature;

C. Prunus sources shall be indexed for freedom from prunus ring spot virus, prune dwarf virus, and green ring mottle. They shall have borne fruit and shall be inspected visually for foliar and fruit abnormalities of a genetic or infectious nature; and

D. The Missouri Department of Agriculture may require the indexing for any additional virus diseases as it shall determine necessary;

2. The source of understock for Registered Parent Trees shall be one (1) of the following:

A. True seedlings of Malus or Pyrus;

B. Clonal understocks indexed and certified for freedom from virus by the Missouri Department of Agriculture or the department of agriculture of another state or country whose certificate is acceptable to the Missouri Department of Agriculture; and

C. Prunus seedlings from seed from trees indexed and certified for freedom from seed-borne virus by the Missouri Department of Agriculture or a certifying body acceptable to the Missouri Department of Agriculture;

3. Registered Parent Trees shall be maintained in isolation from noncertified trees of the same genus. Malus and Pyrus shall have at least one hundred fifty feet (150') of isolation. Prunus shall have at least one-fourth (1/4) mile of isolation;

4. All Registered Parent Trees shall be inspected visually at least once a year under the supervision of the Missouri Department of Agriculture;

5. Registered Parent Trees may be indexed at any time at the discretion of the Missouri Department of Agriculture;

6. Any Registered Parent Tree found infected with virus shall be removed within no more than ten (10) days of receipt of notice from the Missouri Department of Agriculture;

7. The nursery shall provide the Missouri Department of Agriculture with charts showing the location and variety of each Registered Parent Tree. The nursery's records of the indexing and maintenance history of these trees shall be available for inspection by the Missouri Department of Agriculture during normal business hours after reasonable notice;

8. The nursery shall notify the Missouri Department of Agriculture before adding any tree to the Registered Parent Tree growing area; and

9. Registered Parent Trees shall be marked in such a manner as to be easily recognizable to the Missouri Department of Agriculture;

(B) Cooperating nurseries may register groups of trees with the Missouri Department of Agriculture to serve as source material for the propagation of virus-certified nursery stock. These groups of trees will be known as Registered Scion Blocks. Trees in Registered Scion Blocks shall meet the following requirements:

1. The source of budwood for Registered Scion Block Trees shall be from Registered Parent Trees as set forth in subsection (2)(A), IR-2, or another government-approved virus-free repository;

2. The source of understock for Registered Scion Block Trees shall meet the same standards as understocks for Registered Parent Trees as set forth in paragraph (2)(A)2.;

3. Registered Scion Blocks shall be maintained in isolation from noncertified trees of the same genus. Malus and Pyrus shall have at least one hundred fifty feet (150') of isolation. Prunus shall have at least four hundred fifty feet (450') of isolation;

4. In any Registered Scion Blocks established after these rules go into effect, whenever there is more than one (1) variety in a row, there shall be a separation of at least ten feet (10') between varieties;

5. All Registered Scion Blocks shall be inspected visually at least once a year under the supervision of the Missouri Department of Agriculture;

6. Registered Scion Block Trees may be reindexed at any time at the discretion of the Missouri Department of Agriculture;

7. Any Registered Scion Block Tree found infected with a virus shall be removed within no more than ten (10) days of receipt of notice from the Missouri Department of Agriculture;

8. The nursery shall provide the Missouri Department of Agriculture with charts showing the location and varieties included in each Registered Scion Block. The nursery's records of the sources of budwood and understock shall be available for inspection by the Missouri Department of Agriculture during normal business hours after reasonable notice;

9. The nursery shall notify the Missouri Department of Agriculture before adding any trees, buds, or understocks to any Registered Scion Block; and

10. Registered Scion Blocks shall be marked in such a manner as to be easily recognizable to the Missouri Department of Agriculture;

(C) Cooperating nurseries may register Prunus trees with the Missouri Department of Agriculture to serve as a source of seed for the production of virus-certified nursery stock, Registered Scion Block Trees, and Registered Parent Trees. These trees will be known as Registered Seed Source Trees. Registered Seed Source Trees shall meet the following requirements:

1. Registered Seed Source Trees shall be either indexed under the supervision of the Missouri Department of Agriculture for freedom from seed-borne viruses or must be propagated from budwood and understock meeting the same requirements as for propagating Registered Scion Block Trees as set forth in paragraphs (2)(B)1. and 2.; and

2. Isolation, inspection, indexing, recordkeeping, and notification requirements shall be the same as for Registered Parent Trees as set forth in paragraphs (2)(A)3.-9.;

(D) Cooperating nurseries may register clonal plantings of self-rooted certified trees with the Missouri Department of Agriculture for the purpose of producing vegetatively-propagated rootstocks. These plantings will be known as Registered Stool Beds and shall meet the following requirements:

1. The source of propagating material for Registered Stool Beds shall meet the same requirements as budwood for Registered Parent Trees as set forth in paragraph (2)(A)1.;

2. Registered Stool Beds shall be maintained in isolation of one hundred fifty feet (150') from noncertified trees of the same genus; and

3. Inspection, reindexing, removal, recordkeeping, and notification requirements shall be the same as for Registered Parent Trees as set forth in paragraphs (2)(A)4.-9.;

(E) Nursery stock bearing the Fruit Tree Budwood and Understock Virus Certificate shall meet the following requirements:

1. The source of budwood for the top variety and interstems shall be Registered Scion Block Trees or Registered Parent Trees as set forth in subsections (2)(A) and (B);

2. The source of understock shall be one (1) of the following:

A. True seedlings of Malus or Pyrus;

B. Clonal understocks produced in Registered Stool Beds as set forth in subsection (2)(D) or bearing a virus certificate from a certifying body acceptable to the Missouri Department of Agriculture; and

C. Seedlings from seed of Registered Seed Source Trees as set forth in subsection (2)(C) or from seed bearing a virus certificate from a certifying body acceptable to the Missouri Department of Agriculture;

3. The nursery stock shall be grown in blocks separated from noncertified trees of the same genus by at least ten feet (10');

4. In any new plantings of nursery stock under this certification established after these rules go into effect, whenever there is more than one (1) variety in a nursery row, there shall be a separation of at least five feet (5') between varieties;

5. The nursery stock shall be inspected visually at least once a year by the Missouri Department of Agriculture;

6. Samples of nursery stock bearing the Fruit Tree Budwood and Understock Certificate may be indexed at the discretion of the Missouri Department of Agriculture;

7. The nursery shall provide the Missouri Department of Agriculture with charts showing the growing location and quantity of nursery stock produced under this certificate. They also shall provide copies of virus certificates for nursery stock and propagating material received from outside Missouri. The records of sources of propagating material shall be open for inspection by the Missouri Department of Agriculture; and

8. Nursery stock in the field and in storage shall be marked in such a manner as to be easily identifiable to the Missouri Department of Agriculture as virus-certified material;

(F) Nursery stock bearing the Fruit Tree Budwood Virus Certificate shall meet the following requirements:

1. The source of budwood for the top variety and interstems shall be Registered Scion Block Trees or Registered Parent Trees as set forth in subsections (2)(A) and (B);

2. The nursery stock shall be grown in blocks separated from noncertified trees of the same genus by at least ten feet (10');

3. In any new plantings of nursery stock under this certification established after these rules go into effect, whenever there is more than one (1) variety in a nursery row there shall be a separation of at least five feet (5') between varieties;

4. The nursery stock shall be inspected visually at least once a year by the Missouri Department of Agriculture;

5. Samples of nursery stock may be indexed at the discretion of the Missouri Department of Agriculture;

6. The nursery shall provide the Missouri Department of Agriculture with charts showing the growing location and quantity of nursery stock produced under this certification. They also shall provide copies of virus certificates for nursery stock and propagating material received from outside Missouri. The nursery's records of sources of propagating material shall be open for inspection by the Missouri Department of Agriculture during normal business hours after reasonable notice; and

7. Nursery stock in the field and in storage shall be marked in such a manner as to be easily identifiable to the Missouri Department of Agriculture and nursery personnel as virus-certified material; and

(G) Nursery stock or seed bearing the Fruit Tree Understock Virus Certificate shall meet the following requirements:

1. The source of seed bearing this certificate shall be Registered Seed Source Trees as set forth in subsection (2)(C). Seedlings bearing this certificate must be grown from seed of Registered Seed Source Trees as set forth in subsection (2)(C) or from seed bearing the virus certificate of a certifying body acceptable to the Missouri Department of Agriculture. Clonal understocks bearing this certificate must be propagated in Registered Stool Beds as set forth in subsection (2)(D);

2. Seedlings shall be grown in blocks separated from noncerti-fied trees of the same genus by ten feet (10');

3. The nursery stock shall be inspected visually at least once a year by the Missouri Department of Agriculture;

4. Samples of nursery stock or seed bearing the Fruit Tree Understock Virus Certificate may be indexed at the discretion of the Missouri Department of Agriculture;

5. The nursery shall provide the Missouri Department of Agriculture with charts showing the growing location and quantity of nursery stock and seed produced under this certificate. They also shall provide copies of virus certificates of seed received from outside Missouri. The records of sources of propagating materials shall be open for inspection by the Missouri Department of Agriculture; and

6. Nursery stock in the field and in storage and seed in storage shall be marked in such a manner as to be easily identifiable to the Missouri Department of Agriculture as virus-certified material.

(3) Grape virus disease certification of nursery stock is optional and is provided for under this section. Grapevines advertised or sold with reference to freedom from virus and virus-like diseases and propagating material for virus-certified grapevines shall meet one (1) of the following classifications:

(A) Foundation blocks shall be registered with the Missouri Department of Agriculture. These will serve as source material for the propagation of registered stock blocks and virus-certified nursery stock and may be located at cooperating nurseries or other locations approved by the Missouri Department of Agriculture and shall meet the following requirements:

1. Propagating wood for foundation blocks shall be from material which has been tested for and found to be apparently free from the following viruses: fanleaf degeneration, leaf-roll, corky bark, American grape decline (peach rosette-mosaic virus), fleck, stem-pitting, tobacco ringspot virus, and tomato ringspot virus;

2. Foundation block vines shall be tested at appropriate intervals by the Missouri Department of Agriculture for the viruses listed in paragraph (3)(A)1.;

3. Foundation blocks shall be at least one hundred feet (100') from land on which noncertified grapevines have been grown within the past ten (10) years;

4. All foundation blocks shall be inspected visually at least twice a year in the spring and in the fall by the Missouri Department of Agriculture;

5. Any foundation block plants found to be infected with virus or virus-like diseases shall be removed under the supervision of the Missouri Department of Agriculture and within ten (10) days of receipt of notice from the department;

6. The Missouri Department of Agriculture shall be provided with charts showing the location and variety of each foundation block plant;

7. The Missouri Department of Agriculture shall be notified before any grapevines are added to a foundation block;

8. Foundation block plants shall be marked in such a manner as to be easily recognizable to the Missouri Department of Agriculture; and

9. The Missouri Department of Agriculture may require such treatments or precautionary measures as may be necessary to protect against infection or infestation with the viruses listed in paragraph (3)(A)1.;

(B) Registered Stock Block-Cooperating nurseries shall register stock block plants with the Missouri Department of Agriculture. These may serve as a source of propagating material for nursery stock. Plantings of these vines will be known as Registered Stock Blocks and shall meet the following requirements:

1. Propagating wood for Registered Stock Blocks shall originate from foundation blocks or from grapevines which meet or exceed the Missouri requirements for foundation block plants;

2. Registered Stock Block plants may be tested for infection by viruses at any time at the discretion of the Missouri Department of Agriculture; and

3. Requirements of paragraphs (3)(A)3.-9. also shall apply to Registered Stock Blocks;

(C) Nursery stock bearing the Grapevine Virus Certificate shall meet the following requirements:

1. The source of propagating wood shall be registered stock block vines, foundation block vines or propagating wood which meets the requirements of Registered Stock Block vines;

2. Samples of nursery stock bearing the Grapevine Virus Certificate may be virus-tested at the discretion of the Missouri Department of Agriculture;

3. The nursery stock shall be planted at least one hundred feet (100') from land on which noncertified grapevines have been grown within the past ten (10) years. This also includes container-grown stock;

4. The propagating area shall be disinfected in a manner approved by the Missouri Department of Agriculture any time it is utilized for the propagation of grape plants that do not meet the virus-free certification requirements;

5. The nursery stock shall be inspected at least once a year by the Missouri Department of Agriculture;

6. The nursery shall provide the Missouri Department of Agriculture with the charts showing the growing location and quantity of nursery stock produced under this certificate;

7. Nursery stock in propagating areas in the field and in storage shall be marked in such a manner as to be easily recognizable to the Missouri Department of Agriculture as virus-certified material; and

8. Nursery stock shall remain in the nursery row for no more than two (2) growing seasons; and

(D) Foundation container grapevines, grown in greenhouses, which are isolated from noncertified grapevines, may be registered with the Missouri Department of Agriculture to serve as propagating material for virus-certified nursery stock and virus-certified stock plants, and shall meet the following requirements:

1. Propagating wood for foundation container grapevines shall have been tested and found to be apparently free from the viruses listed in paragraph (3)(A)1.;

2. Requirements set forth for foundation blocks in paragraphs (3)(A)3.-9. shall apply to foundation container grapevines; and

3. Nursery stock propagated from foundation container grapevines bearing the Grapevine Virus Certificate shall be no more than four (4) cutting generations removed from plants which have been tested for and found to be apparently free from the diseases listed in paragraph (3)(A)1.

2 CSR 70-10.080

AUTHORITY: section 263.040, RSMo 1986.* Original rule filed Aug. 4, 1958, effective Aug. 14, 1958. Amended: Filed April 22, 1965, effective May 2, 1965. Amended: Filed March 25, 1966, effective April 4, 1966. Amended: Filed May 27, 1975, effective June 6, 1975. Refiled March 11, 1976. Amended: Filed March 16, 1977, effective June 15, 1977. Amended: Filed Jan. 13, 1982, effective April 15, 1982. Amended: Filed Jan. 13, 1984, effective May 15, 1984. Rescinded: Filed Aug. 14, 1984, effective Jan. 1, 1985. Readopted: Filed Sept. 12, 1984, effective Jan. 1, 1985. Amended: Filed Oct. 2, 1989, effective Dec. 28, 1989.

Amended by Missouri Register December 17, 2018/Volume 43, Number 24, effective 1/29/2019

*Original authority: 263.040, RSMo 1939, amended 1984.