NOTICES
DEPARTMENT OF AGRICULTURE
Plum Pox Virus Commercial Nursery Fruit Tree Indemnity Program
[34 Pa.B. 1256] The Department of Agriculture (Department) revises the procedures and requirements under which it will award grants under the Plum Pox Virus Commercial Nursery Fruit Tree Indemnity Program (program). Although the original appropriation that funded the program expired on July 1, 2001, subsequent appropriations have provided the Department authority to continue the program. The original procedures and requirements were published at 30 Pa.B. 4737 (September 9, 2000), with updates and revisions published at 31 Pa.B. 6288 (November 17, 2001). This notice updates the procedures and requirements of the program to allow for the reimbursement of stone fruit nursery stock being prepared for marketing in 2004 and future years.
In summary, the program provides owners of commercial nurseries producing stone fruit trees reimbursement for 15% of the losses they will sustain as a result of the destruction of peach trees, nectarine trees and other stone fruit trees as part of the Department's Plum Pox Virus (PPV) eradication effort. The program compliments an ongoing United States Department of Agriculture (USDA) initiative to reimburse commercial stone fruit producers and commercial nurseries producing stone fruit trees for 85% of these losses.
The formula under which payments will be made under the program is identical to the formula to be employed by the USDA in making its payments. This notice restates statutory authority and provides background information.
Authority and Funding
The program is funded through annual appropriations of funds to the Department for fruit tree indemnity payments regarding PPV, as well as through authorizations to retain and spend previously appropriated funds for this same purpose.
Background
PPV, 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. PPV has the potential to cause serious damage to the stone fruit production and stone fruit nursery industries in this Commonwealth. PPV is transmitted from infected trees by aphids and by budding or grafting with PPV infected plant material. The Department has used its authority under the Plant Pest Act (3 P. S. §§ 258.1--258.27) to establish a quarantine with respect to the townships and boroughs where PPV has been detected. To date, quarantines have been established with respect to the following locations:
County Township or Borough Adams Borough of York Springs Butler Township (part) Huntington Township Latimore Township Menallen Township (part) Tyrone Township (part) Cumberland South Middleton Township Dickinson Township Borough of Mount Holly Springs Southampton Township Franklin Borough of Mont Alto Quincy Township York Conewago Township Franklin Township Monaghan Township Washington Township Quarantine orders may be revised in the future as the Department's effort to contain and eradicate this plant pest moves forward. The quarantine orders prohibit the movement of stone fruit trees and stone fruit budwood within the quarantined areas, and prohibit the movement of stone fruit trees and stone fruit budwood out of the quarantined areas.
There is no known control for PPV other than the destruction of infected trees and the aphids that can carry the disease. The program is intended to implement the Department's statutory authority to compensate fruit tree owners for a portion of the losses they will experience as a result of having to destroy stone fruit trees at the order of the Department.
The Department has, with the assistance of agricultural economists from the Pennsylvania State University, worked with the USDA to develop a PPV loss reimbursement formula that is acceptable to both the Department and the USDA and that reasonably reflects the losses a commercial nursery producing stone fruit trees would sustain with respect to stone fruit nursery stock destroyed to combat PPV. The program addresses the formula for reimbursement of stone fruit nursery stock being prepared for market in 2004 and subsequent years. Since stone fruit nursery stock is typically sold as either ''1-year old'' or ''2-year old'' trees, this notice uses these terms to describe fruit tree nursery stock, rather than identifying the nursery stock by the calendar year in which it is sold. This is a change from previous procedures and requirements for the program. The formula for reimbursing losses with respect to 1-year old stone fruit nursery stock destroyed by order of the Department also distinguishes between ''peach and nectarine'' trees and ''apricot and plum'' trees.
1-Year Old Stone Fruit Nursery Stock
With respect to 1-year old peach and nectarine nursery stock, the Department will calculate the number of trees in the referenced nursery stock, subtract 22% from this figure (to reflect that, on average, 22% of a given peach and nectarine stone fruit nursery crop of this age is either culled from the crop or fails to bud), multiply this number of trees by the net value of $3.30 per tree and pay the owner 15% of that sum.
With respect to 1-year old apricot and plum nursery stock, the Department will calculate the number of trees in the referenced nursery stock, subtract 22% from this figure (to reflect that, on average, 22% of a given apricot and plum stone fruit nursery crop of this age is either culled from the crop or fails to bud), multiply this number of trees by the net value of $4.65 per tree and pay the owner 15% of that sum.
2-Year Old Stone Fruit Nursery Stock
With respect to 2-year old peach, nectarine, apricot and plum nursery stock, the Department will calculate the number of trees in the referenced nursery stock, subtract 5% from this figure (to reflect that, on average, 5% of a given stone fruit nursery crop of this age is either culled from the crop or unsold), multiply this number of trees by the net value of $4.55 per tree and pay the owner 15% of that sum.
Relationship with the USDA
The forgoing formulas are the same formulas that will be applied by the USDA, with the exception that the USDA will reimburse affected owners 85% of their losses, rather than 15%. The program will employ a grant application form to distribute grant funds. This procedure is substantively identical to that employed by the Department in awarding grants under its Plum Pox Virus Commercial Orchard Fruit Tree Indemnity Program and its Commercial Orchard and Fruit Tree Nursery Indemnity Program--related programs that reimburse certain individuals for lost profits and for the costs of removing infected trees or applying pesticides or herbicides at the order of the Department, respectively.
Eligibility
A person who is an owner of a commercial fruit tree nursery is eligible to apply for a grant under the program.
Applications
The Department will provide grant application forms upon request by contacting the Department of Agriculture, Attn: Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 772-5226.
An application for a grant under the program will require the following information of an applicant:
1. The name and address of the applicant.
2. Verification that the applicant is an owner of a commercial stone fruit tree nursery.
3. A description of the location of the stone fruit nursery stock with respect to which a grant is sought.
4. Verification that the stone fruit nursery stock with respect to which a grant is sought was ordered destroyed by order of the Department or the USDA, Animal and Plant Health Inspection Service, Plant Protection and Quarantine (USDA-APHIS-PPQ) for purposes of controlling or containing PPV.
5. Verification that prior to the destruction of the stone fruit nursery stock the applicant and the Department conducted a physical inspection of the nursery stock to assess the number of stone fruit trees, by species and age, and had agreed upon the accuracy of this information, in writing.
6. A breakdown of the total numbers of stone fruit nursery stock, by species and age of trees.
7. Verification that the stone fruit nursery stock was, in fact, destroyed in accordance with the order of the Department or the USDA-APHIS-PPQ.
8. A signature acknowledging that representations made in the application are true, and further acknowledging that the criminal punishments and penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) apply to any false statement made in the application. An applicant shall submit a complete application form to the Department at the mailing address set forth earlier in this section.
Review of Applications
The Department will review and approve or disapprove complete, timely grant applications within 30 days of receipt. The Department will stamp or otherwise identify each grant application to record the date and the order in which these applications are received. The Department will consider grant applications in the order they are received. The Department will approve a grant application if all of the following criteria are met:
1. The application is complete and provides the Department all the information necessary to a reasoned review of the document.
2. There are sufficient unencumbered funds available for fruit tree indemnity payments relating to PPV to fund the grant amount sought in the reimbursement grant application.
Notice of Decision
The Department will, within 10 days of completing its review, mail a grant applicant written notice as to whether the grant application is approved. If the application is not approved, the written notice will specify the basis for disapproval.
No Right or Entitlement to Funds
The appropriation or availability of funds for fruit tree indemnity payments regarding PPV does not create in any person a right or entitlement to a grant from these funds. Departmental approval of a grant application is the event that establishes entitlement of the applicant to the grant funds sought, provided appropriated funds are available in an amount adequate to fund the grant.
Additional Information
Further information may be obtained by contacting the Department of Agriculture, Attn: Karl Valley, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 772-5226.
Effective Date
This order is effective as of February 11, 2004.
DENNIS C WOLFF,
Secretary
[Pa.B. Doc. No. 04-332. Filed for public inspection February 27, 2004, 9:00 a.m.]
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