Federal Order DA-2013-27

FOR INFORMATION AND ACTION
DA-2013-27
July 03, 2013
SUBJECT: APHIS Revises Phytophthora ramorum Domestic Quarantine Relieving Regulatory
Requirements for Certain Non-host Nurseries
TO: STATE AND TERRITORY AGRICULTURAL REGULATORY OFFICIALS
Effective immediately, APHIS will no longer impose P. ramorum regulatory requirements for
the interstate movement of non-host nursery stock from certain nurseries located in the regulated
areas of California, Oregon, and Washington. Specifically, nurseries located in regulated areas
that do not contain, and that do not ship nursery stock listed as proven host taxa or as associated
plant taxa are no longer required to comply with 7CFR 301.92. APHIS will, however, continue
to regulate all interstate shipping nurseries located in quarantine areas, including those that
contain only non-host nursery stock.
APHIS is taking this action based on regulatory data obtained since 2004, which indicate no
detections of P. ramorum in non-host nurseries. The reason for continued regulation of non-host
nurseries located in quarantine areas that have no P. ramorum detections is based on the presence
of P. ramorum in the surrounding natural environment, the inseparability of the areas for
quarantine enforcement purposes, and the strategy for risk mitigation. This amendment to the
regulations will assist both APHIS and State Regulatory Agencies to refocus their resources on
nurseries located in quarantine areas and those high-risk nurseries where P. ramorum has been
detected, while minimizing the burden on the nursery industry.
If APHIS revises the list of proven or associated plant host taxa to include new host plant
genera/species, then nurseries in regulated areas that grow the new proven host taxa will be
subjected to the regulations under 7 CFR 301.92. Regulated host nurseries may be eligible for
unrestricted movement if they discontinue the growing, processing, handling or shipping of
regulated or associated articles of nursery stock, and if inspection conducted in accordance with
7 CFR 301.92-11 reveals freedom from P. ramorum.
For additional details on the Federal Phytophthora ramorum regulatory program, please contact
Dr. Prakash Hebbar, National Policy Manager, at (301) 851-2228 or Stacy Scott, National
Operations Manager, at (970) 494-7577.

/s/ Osama El-Lissy for
Rebecca A. Bech
Deputy Administrator
Plant Protection and Quarantine
1 Attachment: Federal Order

FEDERAL ORDER
DA-2013-27
Domestic Quarantine
Phytophthora ramorum
July 03, 2013
This Federal Order is issued pursuant to the regulatory authority provided by the Plant
Protection Act of June 20, 2000, as amended, Section 412(a), 7 U.S.C. 7712(a), which
authorizes the Secretary of Agriculture to prohibit or restrict the movement in interstate
commerce of any plant, plant part, or article, or means of conveyance, if the Secretary
determines the prohibition or restriction is necessary to prevent the dissemination of a plant
pest within the United States, and is likewise issued pursuant to the regulations, promulgated
under the Plant Protection Act, and found at 7 CFR 301.92 et. seq.
This Federal Order revises the Phytophthora ramorum domestic quarantine regulations located
at 7 CFR Part 301.92 to relieve regulatory requirements for certain nurseries in P. ramorum
regulated areas of California, Oregon and Washington State, as defined under 7 CFR 301.92-3
(b), that do not contain, and that do not ship any species of proven host plant taxa or associated
plant taxa as defined under 7 CFR 301.92-2 (d) and (e), considered non-host nurseries in this
Order. Effective immediately, APHIS will no longer impose P. ramorum regulatory
requirements for interstate movement of non-host nursery stock from nurseries that do not
contain and that do not ship the listed proven host taxa and associated plant taxa, including
assembling for inspection, inspection and sampling, certificates, compliance agreements, and
recordkeeping. Prior to movement, the nursery stock must be eligible for unrestricted
movement under all other Federal and State domestic plant quarantines and regulations
applicable to the nursery stock. APHIS will, however, continue to regulate all interstate
shipping nurseries located in quarantine areas, including those that contain only non-host
nursery stock.
Nurseries in P. ramorum regulated areas that contain regulated or associated articles of nursery
stock must continue to comply with the provisions in 7 CFR 301.92 et. seq. Regulated host
nurseries may be eligible for unrestricted movement if they discontinue the growing,
processing, handling or shipping of regulated or associated articles of nursery stock, and if
inspection conducted in accordance with 7 CFR 301.92-11 reveals freedom from P. ramorum.
If APHIS revises the list of proven or associated plant host taxa to include new host plant
genera/species, then nurseries in regulated areas that grow the new proven host taxa will be
subjected to the regulations under 7 CFR 301.92.
APHIS is taking this action based on regulatory data obtained since 2004, which indicate no
detections of P. ramorum in non-host nurseries. The reason for continued regulation of nonhost nurseries that are located in quarantine areas, in spite of no P. ramorum detections in these
nurseries, is based on the presence of P. ramorum in the surrounding natural environment, the
inseparability of the areas for quarantine enforcement purposes, and the strategy for risk
mitigation. This amendment to the regulations will assist both APHIS and State Regulatory
Agencies to refocus their resources on nurseries located in quarantine areas and those high-risk

nurseries where P. ramorum has been detected, while minimizing the burden on the nursery
industry.
To receive additional details on the Federal Phytophthora ramorum regulatory program, please
contact Dr. Prakash Hebbar, National Policy Manager, at (301) 851-2228 or Stacy Scott, National
Operations Manager, at (970) 494-7577.