DEPARTMENT
OF AGRICULTURERevision of Quarantine and Program Orders Relating to Plum Pox Virus [40 Pa.B. 7242]
[Saturday, December 18, 2010]Recitals
A. The Plant Pest Act (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.
B. The powers granted to the Department under section 21 of the act (3 P. S. § 258.21) include the power to establish quarantines to prevent the dissemination of plant pests within this Commonwealth.
C. Plum Pox Virus (PPV) is a serious plant pest, indigenous to Europe. It 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 that it is unmarketable.
D. PPV has the potential to cause serious damage to the stone fruit production industry within this Commonwealth. It 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. The movement of PPV-infected fruit trees poses a danger to stone fruit trees in noninfected areas. There is no known control for PPV other than destruction of infected trees.
E. Since 1999, the Department has issued a series of orders addressing the presence of PPV in several townships and boroughs. The orders established quarantines and programs relating to the detection, containment and eradication of PPV.
F. By Quarantine Order of January 5, 2005, published at 35 Pa.B. 552 (January 22, 2005), Monaghan Township, York County, was made subject to a PPV-related Nursery Quarantine, which applied to all sellers and propagators of PPV-susceptible plant stock within that township.
G. By Order of October 22, 2007, published at 37 Pa.B. 5902 (November 3, 2007), the Department rescinded a broader PPV-related quarantine with respect to Monaghan Township. In the 3-plus years since that General Quarantine was rescinded, the Department has conducted monitoring surveys within Monaghan Township and has not detected PPV. In light of this, the Department believes it is appropriate to rescind the remaining PPV-related Nursery Quarantine with respect to that Township.
H. The Department believes it is reasonable to: (1) revise the PPV Nursery Quarantine restrictions established in previous orders to release Monaghan Township, York County, from these restrictions; (2) confirm those areas that remain under PPV Nursery Quarantines; and (3) provide a single reference to the various programs that remain in effect to help address PPV.
Order
Under authority of section 21 of the act, and with the foregoing recitals incorporated herein, the Department hereby orders the following:
1. Monaghan Township, York County, is hereby released from the PPV Nursery Quarantine Area established by Order of January 5, 2005, published at 35 Pa.B. 552.
2. The following areas remain within the referenced PPV Nursery Quarantine Area:
In Adams County
• That portion of Menallen Township described in the Order of November 9, 2005, published at 35 Pa.B. 6543 (December 3, 2005), establishing the PPV Nursery Quarantine Area.
• That portion of Franklin Township described in the Order of September 21, 2006, published at 36 Pa.B. 6108 (October 7, 2006), adding that land to the PPV Nursery Quarantine Area.
In Cumberland County
• That portion of South Middleton Township, located to the north of State Highway 174, as described in the Order of October 22, 2007, published at 37 Pa.B. 5902, adding that land to the PPV Nursery Quarantine Area.
3. The Department provides notice that the following PPV-related programs remain in effect:
The Commercial Orchard and Fruit Tree Nursery Indemnity Program, as established by Order of January 1, 2000, published at 30 Pa.B. 48 (January 1, 2000).
The Plum Pox Virus Commercial Orchard Fruit Tree Indemnity Program, as established by Order of August 5, 2000, published at 30 Pa.B. 4014 (August 5, 2000), as amended by subsequent Orders.
The Plum Pox Virus Commercial Nursery Fruit Tree Indemnity Program, as established by Order of September 9, 2000, published at 30 Pa.B. 4737 (September 9, 2000), as amended by subsequent Orders.
The Plum Pox Virus Noncommercial Prunus Tree and Landscape Nursery Prunus Tree Indemnity Program, as established by Order of June 9, 2001, published at 31 Pa.B. 2936 (June 9, 2001).
The Plum Pox Virus Untended Stone Fruit Orchard Indemnity Program, as established by Order of January 4, 2003, published at 33 Pa.B. 41 (January 4, 2003), as amended by subsequent orders.
4. This quarantine is effective as of December 3, 2010, and shall remain in effect until terminated by subsequent order.
RUSSELL C. REDDING,
Secretary[Pa.B. Doc. No. 10-2406. Filed for public inspection December 17, 2010, 9:00 a.m.]
