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PA Bulletin, Doc. No. 00-482

NOTICES

DEPARTMENT OF
AGRICULTURE

Order of Quarantine; Plum Pox Virus

[30 Pa.B. 1558]

   Whereas, the Plant Pest Act (3 P. S. §§ 258.1--258.27) empowers the Department of Agriculture (Department) to take various measures to detect, contain and eradicate plant pests in this Commonwealth; and

   Whereas, the powers granted the Department under the Plant Pest Act include (at 3 P. S. § 258.21) the power to establish quarantines to prevent the dissemination of plant pests within this Commonwealth; and

   Whereas, Plum Pox Virus--a plant pest indigenous to Europe--is a serious plant pest that injures and damages stone fruits such as peaches, nectarines, plums and apricots by drastically reducing the fruit yields from these stone fruit trees and by disfiguring the fruit to the point it is unmarketable; and

   Whereas, Plum Pox Virus has the potential to cause serious damage to the stone fruit production industry within this Commonwealth; and

   Whereas, Plum Pox Virus is transmitted from infected trees by aphids and by budding or grafting, and can be spread into new areas by movement of infected nursery stock; and

   Whereas, the movement of Plum Pox Virus-infected fruit trees poses a danger to stone fruit trees in noninfected areas; and

   Whereas, there is no known control for Plum Pox Virus other than destruction of infected trees; and

   Whereas, Plum Pox Virus has been detected on stone fruit trees located in Latimore and Huntington Townships, in Adams County; and

   Whereas, by Order of October 21, 1999, the Department exercised its statutory authority and established a quarantine with respect to Latimore and Huntington Townships, in Adams County, prohibiting the movement of stone fruit trees and stone fruit budwood within the quarantined area, and prohibiting the movement of stone fruit trees and stone fruit budwood out of the quarantined area; and

   Whereas, prior to the imposition of the referenced October 21, 1999 Quarantine Order, budwood originating from the current area of quarantine was used by two fruit tree nurseries--on a total of three separate nursery locations outside of that quarantine area--to propagate stone fruit nursery stock; and

   Whereas, the movement of this budwood from commercial orchards where PPV has since been detected risks spreading PPV outside the area of the October 21, 1999 Quarantine Order; and

   Whereas, the establishment of a quarantine with respect to the three separate fruit tree nursery locations will facilitate the containment and eradication of PPV in this Commonwealth, and will make the affected fruit tree nursery owners eligible for reimbursement of certain costs related to the destruction of nursery stock, herbicide applications, insect control measures and other PPV eradication activities under the Department's Commercial Orchard and Fruit Tree Nursery Indemnity Program;

   Now, therefore, under authority of Section 21 of the Plant Pest Act (act of December 16, 1992, P. L. 1228, No. 162) (3 P. S. § 258.21), the Department hereby establishes a quarantine with respect to the following locations:

   A.  Two separate fruit tree nursery locations owned and/or operated by Adams County Nursery, Inc. (ACN, Inc.), P. O. Box 108, Nursery Road, Aspers, PA 17304, Nursery Certificate No. 044009, contact persons John Baugher or Phil Baugher:

1.  Specific portions of the ''Hinkle'' Farm, in Tyrone Township, Adams County, which is located between the seed orchard on Upper Bermudian Road (Global Positioning Satellite coordinates 39°59`11" N, 77°10`41" W) and a scion block on Cranberry Road (GPS coordinates 39°58`35" N, 77°10`35" W). This includes at least 5 blocks of Prunus nursery stock (peach and nectarine) intended for sale in 2001 and containing trees propagated using budwood cut from the area that is subject to the referenced Quarantine Order of October 21, 1999 and, more particularly, from a commercial orchard where PPV has been detected.
2.  Specific portions of the ''Ripley'' Farm, in Butler Township, Adams County, adjoining Orchard Lane (and formerly the ''Slaybaugh'' nursery area). This includes the following:
3 blocks of Prunus nursery stock (peach and nectarine) intended for sale in 2001 and containing trees propagated using budwood cut from the area that is subject to the referenced Quarantine Order of October 21, 1999 and, more particularly, from a commercial orchard where PPV has been detected.
Two large nursery sites (comprising three blocks) of Prunus nursery stock (peach and nectarine) intended for sale in 2000 and containing trees propagated using budwood cut from the area that is subject to the referenced Quarantine Order of October 21, 1999 and, more particularly, from a commercial orchard where PPV has been detected. The GPS coordinates of these 2 nursery sites are 39°57`39" N, 77°13`32" W and 39°57`40" N, 77°13`27" W.
Any other Prunus nursery stock (peach and nectarine) on that farm containing trees propagated using budwood cut from the area that is subject to the referenced Quarantine Order of October 21, 1999.

   B.  Specific portions of the Worley Nursery, owned and/or operated by Melvin Worley, 98 Braggtown Road, York Springs, PA 17372, Nursery Certificate No. 046265, described as follows:

A block of trees (comprising approximately 1 acre) located at the Chester A. Worley Farm in Washington Township, York County, at 841 Franklin Church Road, Dillsburg, PA 17019. The GPS coordinates of this block are 40°01`21" N, 77°02`04" W. The block contains Prunus nursery stock (peach and nectarine) that was grown in 1999, budded in September of 1999 and intended for sale in 2001. The block contains trees propagated using budwood cut from the area that is subject to the referenced Quarantine Order of October 21, 1999 and, more particularly, from a commercial orchard where PPV has been detected. The block includes 3 rows of trees with approximately 400 trees in each row.

   This quarantine prohibits the movement of stone fruit trees and stone fruit budwood out of each quarantined area.

   The Department will consult with the United States Department of Agriculture, European experts and scientific authorities with respect to the most efficacious measures by which to contain and eliminate this serious plant pest. The Department will issue further restrictions under authority of this Quarantine Order, as is required under the Plant Pest Act (3 P. S. § 258.21(a)). These restrictions may address aphid control, elimination or reduction of aphid habitat, destruction of Plum Pox Virus-infected stone fruit trees and budwood, destruction of endangered or exposed stone fruit trees or budwood and any other measures necessary to the containment and elimination of the Plum Pox Virus in this Commonwealth.

   This quarantine is effective as of March 3, 2000, and shall remain in effect until terminated by subsequent order.

SAMUEL E. HAYES, Jr.,   
Secretary

[Pa.B. Doc. No. 00-482. Filed for public inspection March 17, 2000, 9:00 a.m.]


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