NOTICES
DEPARTMENT OF AGRICULTURE
Firewood Quarantine Order
[54 Pa.B. 7565]
[Saturday, November 23, 2024]Recitals
A. This Firewood Quarantine Order (Quarantine Order) rescinds and replaces the most recent ''Order of Quarantine; Firewood'' (40 Pa.B. 441) (Saturday, January 16, 2010).
B. The Plant Pest Act (Act) (act of December 16, 1992, P.L. 1228, No. 162) (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.
C. The powers granted the Department under section 21 of the act (act of December 16, 1992, P.L. 1228, No. 162, § 21) (3 P.S. § 258.21) (relating to quarantines) include the power to establish quarantines to prevent the spread of plant pests within this Commonwealth, including to prevent or delay the introduction of any plant pest into this Commonwealth from any country, state or territory.
D. The Act provides, ''When the department determines a plant pest to be dangerous or destructive to the agriculture, horticulture or forests of this Commonwealth, the pest may be declared a public nuisance. It shall be unlawful for any person knowingly to permit any plant pest so declared to exist on his premises or to sell, offer for sale, give away or move any plants, plant products or other material capable of harboring the pest.'' (act of December 16, 1992, P.L. 1228, No. 162, § 20) (3 P.S. § 258.20)
E. Over the past several decades, a number of exotic invasive species have been detected in the United States. These invasive species have gained entry largely through human activities, mainly the movement of goods and people.
F. Asian Longhorn Beetle (ALB), Emerald Ash Borer (EAB), Spotted Lanternfly (SLF), Sirex Wood Wasp and Bark Beetles are some of these recently detected exotic invasive species. These insects have been determined to pose serious threats to this Commonwealth's agricultural and forestry resources and have thus been determined to be plant pests and public nuisances.
G. EAB—a beetle indigenous to Asia—is a serious plant pest that attacks and kills ash trees belonging to the genus Fraxinus. This insect was first detected in the United States in the summer of 2002, in Michigan. It is suspected that EAB was accidentally introduced years earlier on solid wood packing material used for crating imported goods. EAB has since been spread to at least 35 states and Ontario, Canada. EAB has killed millions of ash trees during the time it has been present in North America. EAB has spread to all counties in the Commonwealth of Pennsylvania.
H. ALB is another exotic plant pest from Asia. It has killed various species of hardwood trees in New York, New Jersey, Ohio, Illinois, South Carolina and Ontario, Canada. Like the EAB, this insect was introduced into the United States in lumber used for crating goods imported from Asia.
I. The Spotted Lanternfly or SLF, Lycorma delicatula, is an invasive planthopper native to Asia first discovered in Berks County, Pennsylvania in 2014. SLF feeds on sap from a myriad of plants but has a strong preference for plants important to Pennsylvania's economy including grapevines, and maple, black walnut, birch and willow trees. SLF's feeding damage stresses plants which can decrease their health and in some cases cause death.
J. The introduction of new plant pests into the United States has been driven, at least in part, by the increase of volume of imported goods entering the country and the decrease in the number of Federal staff to inspect goods at ports-of-entry. There is a need for more effective exclusion strategies as part of our country's phytosanitary programs. It is imperative that states be proactive in plant pest detection and prevention measures and that Pennsylvania respond to the concerns of human assisted spread of plant pests into this Commonwealth.
K. The economic impact of the hardwoods industry in this Commonwealth is valued at nearly twenty-two billion dollars ($21.8 billion), and more than 2,100 companies employ 60,000 people in this important sector of the Commonwealth's economy. The industry is a significant economic contributor in virtually every county and is the most significant manufacturing sector in some counties. Other industries such as horticulture, camping and tourism are impacted by these plant pests.
L. Currently there are no simple means to eradicate these plant pests other than removing and destroying infested trees. There is no effective insecticidal spray program or prophylactic treatment to protect ash trees from EAB infestation, or other hardwoods from attack by ALB. In North America, no effective natural enemies are present to suppress populations of these plant pests.
M. ALB and EAB have caused serious damage to the hardwood components of Pennsylvania's forest resources and to the horticultural industry, where Ash, Maple and other hardwoods are widely planted shade trees, both on private and public properties. These plant pests have also had a major impact on Pennsylvania's public lands, including state parks and private campgrounds.
N. In North America, ALB and EAB can be transported long distances by means of human activity, including the movement of infested firewood. Regulations on nursery stock, logs and lumber are in place and have controlled limited movement of these commodities from areas where EAB and ALB are present.
O. Because eradication costs for these wood-feeding plant pests are extremely high, preventive measures must continue to be employed wherever possible to prevent or delay, or both, the spread of these plant pests in hopes that techniques can be developed to effectively manage them.
P. Very few regulations are in place to restrict movement of firewood, and yet firewood has been proven to be a major factor in the dissemination and spread of both ALB and EAB.
Q. The proper heat treatment of firewood has been shown to be an effective means of preventing the spread of these plant pests.
R. The Department is required to give notice of the establishment of a quarantine either in writing or by publication in at least one newspaper of general circulation in the areas affected (act of December 16, 1992, P.L. 1228, No. 162, § 21(b)) (3 P.S. § 258.21(b)). The Department hereby gives written notice of this interstate and Commonwealth Quarantine Order by publication in the Pennsylvania Bulletin.
S. Under a quarantine order, the Department may prohibit, without inspection, the movement, shipment or transportation of any plant or plant product or other material capable of carrying the plant pest from the area under quarantine (act of December 16, 1992, P.L. 1228, No. 162, § 21(b)) (3 P.S. § 258.21(b)).
T. The Department may, ''. . .establish a quarantine to prevent or delay the introduction of any plant pest into this Commonwealth from any country, state, or territory.''
U. Given the continued threat of the plant pests listed in this Quarantine Order, as well as new potential threats to Pennsylvania hardwoods and forests, the Department believes it is reasonable to continue to require firewood to be heat treated and certified and hereby establishes this updated Quarantine Order.
Definitions.
Certified heat-treated firewood. Any firewood having been treated to 71.1 C (160 F) for 75 minutes as measured in the core of the firewood during the heat treatment process.
Department. The Commonwealth of Pennsylvania Department of Agriculture.
Firewood. All wood, processed or unprocessed, coniferous or hardwood, meant for use as fuel in a campfire or other outdoor or indoor fire. This prohibition does not apply to the transportation of sawlogs, pulpwood or wood chips to facilities for processing into lumber, paper or manufactured wood products.
Labeling. The clear and conspicuous declaration attached to every shipment of firewood.
Person. An individual, government entity, firm, partnership, company, society, association, organization, corporation, partnership, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof.
Uncertified firewood. Firewood not meeting the definition of ''certified heat-treated firewood'' or that is not certified through a Compliance Agreement.
Order
The Quarantine Order, ''Order of Quarantine; Firewood'' (40 Pa.B. 441) (Saturday, January 16, 2010) is hereby rescinded and supplanted by this Quarantine Order.
Under the authority of section 21 of the Plant Pest Act (Act) (act of December 16, 1992, P.L. 1228, No. 162, § 21) (3 P.S. § 258.21) the Department hereby establishes the following Order, related to importation of firewood into the Commonwealth of Pennsylvania, containing all the provisions of the Recitals and establishing the terms, conditions, and provisions set forth below.
I. Articles and Commodities Under Quarantine.
This Quarantine Order applies to all firewood originating from a country, State, Commonwealth or territory outside of the Commonwealth of Pennsylvania that is or will be transported into or through or off-loaded in the Commonwealth of Pennsylvania, or offered, exposed, or held for sale, barter or exchange in the Commonwealth of Pennsylvania.
II. Requirements for Certified Heat-Treated Firewood.
All firewood originating from a area of Pennsylvania under a plant pest quarantine order, and firewood originating from a country, State, Commonwealth or territory outside of the Commonwealth of Pennsylvania that is or will be transported into, through or off-loaded in the Commonwealth of Pennsylvania or is offered, exposed, or held for sale, sold or barter or exchange in or into the Commonwealth of Pennsylvania shall meet the following criteria prior to transportation or introduction into the Commonwealth of Pennsylvania.
(a) Shall be Certified heat-treated firewood.
(b) Shall be certified and approved as Certified heat-treated by a federal, state, or Department approved third party organization.
(c) Shall be labeled as Certified heat-treated by a federal, state, or Department approved third party organization.
(d) Records of treatment, treatment method and origin of the firewood, and the address of the final destination of the firewood in the Commonwealth of Pennsylvania, and all firewood transported into, through or off-loaded in the Commonwealth of Pennsylvania or offered, exposed, or held for sale, sold, barter or exchange in or into the Commonwealth of Pennsylvania, including the quantity of firewood shipped to each final destination in the Commonwealth of Pennsylvania shall be maintained for a period of two years, and made available to the Department upon request.
(e) A bill of lading or other document providing the information required in subsections II.(d) and (f) shall accompany each shipment of firewood, and where the destination is within the Commonwealth of Pennsylvania a copy shall be provided to the purchaser of the firewood.
(f) The label on each lot, bundle or unit of Firewood shall include:
(1) Identification of the commodity as Certified heat-treated firewood.
(2) Net quantity in terms of weight, measure, or count.
(3) Name and address of the manufacturer, packer, or distributor of the firewood.
(4) Origin of firewood identified by county or counties and country, State, Commonwealth or territory.
(5) The certifying authority as set forth in subsection II.(b) above, and the certification number of each lot, bundle or unit.
(6) A statement of the heat treatment standards used to certify the firewood, in plain language.
III. Exemptions.
(a) Firewood harvested from areas of the Commonwealth of Pennsylvania not under a Department issued quarantine order for ALB, or other wood-feeding plant pests is exempted from the treatment requirements.
(b) The Department may issue an exemption for firewood certified under an existing program utilizing methods recognized and approved by the Department.
IV. Enforcement.
(a) The Department or its authorized agent may refuse shipment of firewood into the Commonwealth of Pennsylvania that does not meet the provisions of this Quarantine Order.
(b) Enforcement regarding any shipment of firewood found within the Commonwealth of Pennsylvania in violation of this Quarantine Order shall be include any, all or any combination of the following.
(1) Quarantine and stop-sale on the property of the person holding the firewood.
(2) Heat treatment and certification of the firewood, at the expense of any or all of the buyer, importer, exporter, distributor or owner of the firewood, necessary to bring it into compliance with this Quarantine Order.
(3) The immediate return of the firewood to the exporter, distributor or owner at their expense and under biosecurity standards established by the Department.
(4) The issuance of a Treatment Order by the Department as provided for at section 19 of the Act (act of December 16, 1992, P.L. 1228, No. 162, § 19) (3 P.S. § 258.19).
(c) Failure to comply with any term, condition, or provision of this Quarantine Order shall constitute a violation and be subject to enforcement as provided for in the Act (act of December 16, 1992, P.L. 1228, No. 162) (3 P.S. § 258.1 et seq.)
V. Violations and Penalties.
(a) All forms and documents required under this Quarantine Order shall contain true and correct information and any fraudulent statements or falsified information in those forms or documents shall be a violation of this Quarantine Order.
(b) Failure to comply with any term, condition, or provision of this Quarantine Order shall be a violation of this Quarantine Order.
(c) Persons found in violation of this Quarantine Order will face the potential of summary criminal prosecution and a fine of not more than $300 for each offense, or a civil penalty of up to $20,000, or both, and the imposition of such other penalties and requirements, such as treatment orders and injunctive relief as are allowed under the Act.
RUSSELL REDDING,
Secretary
[Pa.B. Doc. No. 24-1672. Filed for public inspection November 22, 2024, 9:00 a.m.]
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