DEPARTMENT OF AGRICULTURE
Order of Quarantine; Plum Pox Virus
[30 Pa.B. 5852]
Whereas, the Plant Pest Act (3 P. S. §§ 258.1--258.27) empowers the Pennsylvania 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 serious non-native 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--has been detected in certain areas of this Commonwealth; and
Whereas, the Department has exercised its authority under the Plant Pest Act and issued several Orders of Quarantine--affecting portions of Adams, Cumberland and York Counties--in an effort to contain, identify and eradicate the Plum Pox Virus; and
Whereas, the Department is satisfied it is appropriate to rescind one of these Orders of Quarantine, in that the three separate fruit tree nursery locations covered by the Order are no longer potential reservoirs of the Plum Pox Virus; and
Whereas, the Department has determined it is appropriate to issue a new Order of Quarantine, covering two Boroughs that are encircled or nearly encircled by townships that are currently subject to Orders of Quarantine
Now, therefore, under authority of section 21 of the Plant Pest Act (3 P. S. § 258.21), the Pennsylvania Department of Agriculture hereby enters the following orders:
1. Order Rescinding Quarantine. The Order of Quarantine dated March 3, 2000 and published at 30 Pa.B. 1558 (March 18, 2000) is hereby rescinded. That Order had imposed a quarantine on three separate fruit tree nursery locations in order to facilitate the containment and eradication of Plum Pox Virus, and to 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. All stone fruit stock has since been removed from the quarantined locations, and the owners of that stock compensated for the losses attendant to this removal. The locations covered by that Order of Quarantine are no longer a potential reservoir of the PPV virus. The locations hereby released from quarantine are described in detail in the March 18, 2000 Order of Quarantine. In summary, these tracts are described as:
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: (1) portions of the ''Hinkle'' Farm, in Tyrone Township, Adams County, 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); and (2) portions of the ''Ripley'' Farm, in Butler Township, Adams County, adjoining Orchard Lane (and formerly the ''Slaybaugh'' nursery area).
B. Portions of the Worley Nursery, owned and/or operated by Melvin Worley, 98 Braggtown Road, York Springs, PA 17372, Nursery Certificate No. 046265.
2. Order Establishing Quarantine. Under authority of Section 21 of the Plant Pest Act (3 P. S. § 258.21), the Department hereby establishes a quarantine effective with respect to (1) the Borough of York Springs, Adams County, PA; and (2) the Borough of Mount Holly Springs, Cumberland County, PA.
The Borough of York Springs is completely surrounded by Huntington Township and Latimore Township--townships that are subject to an Order of Quarantine issued by the Department on October 21, 1999, and published at 30 Pa.B. 5735 (November 6, 1999).
The Borough of Mount Holly Springs is surrounded on all sides by South Middleton Township--a township that is subject to an Order of Quarantine issued by the Department on June 15, 2000, and published at 30 Pa.B. 3269 (July 1, 2000).
This quarantine prohibits the movement of stone fruit trees and stone fruit budwood within the quarantined area, and prohibits the movement of stone fruit trees and stone fruit budwood out of the quarantined area.
PDA 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. PDA will issue further restrictions under authority of this Quarantine Order, as is required under the Plant Pest Act (at 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 October 31, 2000, and shall remain in effect until terminated by subsequent order.
SAMUEL E. HAYES, Jr.,
[Pa.B. Doc. No. 00-1936. Filed for public inspection November 10, 2000, 9:00 a.m.]
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