S.C. Code Regs. § § 27-75
Current through Register Vol. 48, No. 11, November 22, 2024
Section 27-75 - Plum Pox Virus Quarantine75.1. Definitions: For the purpose of this regulation, the following shall be construed respectively to mean: A. Commission: The State Crop Pest Commission, or any officer or any employee of the commission to whom authority to act in its stead has been or hereafter may be delegated.B. Pest: A virus known as Plum Pox Virus (Potyvirus plum pox virus).C. Person: Any individual, corporation, company, society, association or other business entity.D. Move: To ship, offer for shipment, receive for transportation, carry or otherwise transport, move or allow to be moved.E. Regulated article: Any article of any character as described in the regulation carrying or capable of carrying the plant pest against which the regulation is directed.F. Regulated area: Quarantined area in which efforts are designed to prevent further movement and spread of the plant pest.G. Certificate: A document issued or authorized by the Commission (or by the duly authorized regulatory agency of another state or of the United States or of a foreign nation) indicating that a regulated article is apparently free of a plant pest.H. Director: The Director, Division of Regulatory and Public Service Programs, Public Service Activities, Clemson University.I. Division: The Division of Regulatory and Public Service Programs, Public Service Activities, Clemson University.J. Department: The Department of Plant Industry, Division of Regulatory and Public Service Programs.K. USDA-APHIS-PPQ: United States Department of Agriculture - Animal and Plant Health Inspection Service - Plant Protection and Quarantine.L. Compliance Agreement: A document signed by any person engaged in purchasing, assembling, exchanging, handling or moving regulated articles that stipulates he/she will maintain such safeguards against the establishment and spread of infection and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles as specified by the appropriate regulatory agency.M. Prunus: All varieties of peach, plum, apricots, almond, nectarines, and cherry trees.N. Appropriate Regulatory Agency: Means the regulatory agency of a state, or of the United States, or of a foreign country, which is charged with the responsibility of plant health, including but not limited to inspection, certification and quarantine.O. Infested Area: Any county or geographic unit in which the presence of PPV has been reported by the appropriate regulatory agency.75.2. Regulated Articles.A. Any species susceptible to the Plum Pox Virus. See Appendix I for PPV-susceptible species list.B. All propagative and non-propagative material of PPV-susceptible Prunus species, including seed, budwood, fruit, leaves, twigs and blossoms.75.3. Conditions Governing the Movement of Regulated Articles into South Carolina.A. Certificate is required (described in Section 75.3.C below). A valid inspection certificate (nursery certificate tag, phytosanitary certificate, certificate of quarantine compliance, etc.) bearing the name and address of the consignor must accompany the movement of regulated articles into or through South Carolina. Articles without a certificate will be either returned to the point of origin or confiscated and destroyed.B. Attachment of certificate. When certificates are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate.C. Issuance of Certificates. Certificates will be issued on the following conditions only: 1. All Prunus nursery stock, excluding species recognized as non-fruit bearing ornamental plants, originating from outside of any quarantined areas are subject to the following requirements: a. Records Required: Propagators, exporters and importers, as appropriate, must keep detailed records of the following required information: species, variety, source of budwood and rootstock, year of propagation, where distributed and records of PPV tests for a minimum of 10 years. Propagators, exporters and importers are required to produce records to agents of the commission upon request; ANDb. All Prunus nursery stock must either: i. be tested or originate from motherwood stock that has been tested according to protocol recognized by the appropriate regulatory agency for PPV and has been found negative; ORii. originate from an area where survey data for PPV susceptible Prunus material in a 0.5 mile radius of the nursery is negative based on testing protocol approved by the appropriate regulatory agency OR no PPV susceptiblePrunus species were grown within a 1 mile radius based on an official survey.2. If PPV is found in a continental U.S. State outside of Pennsylvania and is not under state and/or federal quarantine, then all Prunus material, to include ornamental stock, will be subjected to the guidelines as stated in Section 75.3.C.1.3. If plum pox virus is found in any southeastern state, including but not limited to, Alabama, Georgia, North Carolina, South Carolina and Tennessee, then all Prunus stock must be tested at a level and protocol approved by the appropriate regulatory agency and certified PPV free before entering South Carolina.4. No Prunus stock or Prunus related items such as seed, fruit, twigs, leaves, budwood, fruit blossoms, or bare root seedlings originating inside a quarantined area will be allowed entry into South Carolina.D. The Department may enter into a compliance agreement with any person to allow shipment of regulated articles following "75.3 - Conditions Governing the Movement of Regulated Articles."75.4. Additional Conditions in South Carolina.A. No regulated article may be moved out of any quarantined area.B. Movement of Prunus species, Prunus budwood, Prunus twigs, or leaves within the quarantine area is prohibited.C. Upon confirmation of PPV on property, the Department shall notify the landowner (and the tenant, if applicable) of the presence of Plum Pox Virus and shall provide the landowner/tenant with procedures for control/eradication in consultation with the USDA-APHIS-PPQ. The landowner/tenant must allow access and physical sampling for Prunus stock and maintain the land in a condition that will allow the Department to conduct adequate periodic surveys and other necessary and appropriate actions. This requirement extends to fallow land, land temporarily out of production, rangeland and any other land under the control of the landowner/tenant on which Prunus species are grown.D. Open dumping of Prunus waste material is prohibited in any quarantined areas. All waste materials must be protected against exposure to potential vectors.E. Upon confirmation of PPV, a Stop Sale/Seizure Order may be issued for regulated articles found on the premises as outlined by Section 46-9-60 S. C. Code.75.5. Planting of PPV-susceptible Prunus Species in South Carolina. A. Planting of Prunus trees or Prunus ornamentals in any area under a PPV quarantine is prohibited for one year after eradication. This applies to fruit bearing and ornamental plants.75.6. Movement for Scientific Purposes in South Carolina. A. Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions, provided a scientific permit is securely attached to the container of such articles or to the article itself. Permit must be issued by a state or federal regulatory official.75.7.Addition/deletion of lands from Regulation in South Carolina. The official listing of regulated areas in SC shall be maintained and made publicly available on Clemson's website located at: www.clemson.edu/invasives. 75.8. Penalties. A. Penalties will be pursuant to Section 46-9-60.75.9. Regulated Areas. Any infested area in the United States as designated by USDA APHIS PPQ on their webpage: <ulink url="http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/planthealth/sa_domestic_pests_and_diseases/sa_pests_a">http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/planthealth/sa_domestic_pests_and_diseases/sa_pests_a</ulink> nd_diseases/!ut/p/a1/vVFNc4IwEP0tPfTIZI18HvGjikrbqeNUuGQ2gJIWA5Lo1H9fZLy1or00l8y-ffvx9pGYrEks8Si2qEUpsTjHsc1mL1PaGwANJpPxAILnp8WrM59RCK2GEHUQ5tZ99cOJPzWdBQCYLo VgNJiOHC8ECOxb9e8kJnEidaVzEmGVC8WSUupMalYIXmN9egSFrDzUbFMmB9VGVYFNPs-w0HkLpOUuU1okrGo-xVCmLBUqQ5VdCn7A57FVIlISeZmVcIujwVNwDZNzaniuRw2OPddzkJr91L7IhCvPh7tk3jh0S-i6ZEvo2CFqlnSujhjbZPlH1bM73Bcf-33sNx6eXfvSZP2fJjbzaR0Ow20jC3VuCLkpybq7V5v_Ba52q9XO7Z-MzzcX-lZxXPgP38Lra8A!/?1dmy&urile=wcm%3apath%3a%2Faphis_content_library%2Fsa_our_focus%2Fsa_plant _health%2Fsa_domestic_pests_and_diseases%2Fsa_pests_and_diseases%2Fsa_plant_disease%2Fsa_plum_po x%2Fct_plum_pox 75.10. Director's Exemption.A. Any propagator, importer or exporter may petition the Director for exemption from these regulations, as written, on a case-by-case basis.Added by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003. Amended by State Register Volume 33, Issue No. 6, eff June 26, 2009.§§ 75.7 and 75.9 replaced and adopted by State Register Volume 39, Issue No. 06, eff. 6/26/2015.