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301.80 Quarantine; restriction on interstate movement of specified regulated articles. 301.80-1 Definitions.

301.80-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements. 301.80-2a Regulated areas; generally infested and suppressive areas. 301.80-2b Exempted articles. 301.80-3 Conditions governing the interstate

movement of regulated articles from quarantined States.

301.80-4 Issuance and cancellation of certificates and permits.

301.80-5 Compliance agreements; and cancellation thereof.

301.80-6 Assembly and inspection of regulated articles.

301.80-7 Attachment and disposition of cer

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AUTHORITY: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

Subpart-Black Stem Rust

SOURCE: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.

§301.38 Notice of quarantine; restrictions on interstate movement of regulated articles.

The conterminous 48 States and the District of Columbia are quarantined in order to prevent the spread of black stem rust. No person shall move interstate any regulated article except in accordance with this subpart.1

§301.38-1 Definitions.

In this subpart the following definitions apply:


The Administrator, Animal and Plant Health Inspection Service (APHIS), or any person authorized to act for the Administrator.

Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculure.

Black stem rust. The disease commonly known as the black stem rust of grains (Puccinia graminis).

Certificate. A document in which an inspector, or a person operating under a compliance agreement, affirms that a specified regulated article has met the criteria in §301.38-5(b) of this subpart and may be moved interstate to any destination.

Compliance agreement. A written agreement between a State that is a protected area or that encompasses a protected area and a person who moves regulated articles interstate, or in a non-protected area between APHIS and such person, in which that person agrees to comply with this subpart.

1 Any properly identified employee of the Animal and Plant Health Inspection Service is authorized to stop and inspect persons and means of conveyance, and to seize, quarantine, treat, apply other remedial measures to destroy, or otherwise dispose of regulated articles as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections 105 and 10 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff).

Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes, and that the regulated article is eligible for interstate movement under the conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the introduction of rust-susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia into protected areas.

Inspector. Any APHIS employee or other person authorized by the Administrator in accordance with law to enforce this subpart.

Interstate. From any State into or through any other State.

Limited permit. A document issued by an inspector to allow the interstate movement into or through a protected area of regulated articles not eligible for certification under this subpart to a specified destination outside the protected area.

Moved (movement, move). Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved. "Movement" and "move" shall be construed in accordance with this definition.

Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity.

Protected area. Those States or counties designated in §301.38-3(c) of this subpart.

Rust-resistant plants. All plants of the genera Berberis, Mahoberberis, and Mahonia species, and their progeny, that have proven resistant to black stem rust during testing by the United States Department of Agriculture,2 and

2 Testing is performed by the Agricultural Research Service of USDA as follows: In a greenhouse, the suspect plant, or test subject, is placed under a screen with a control plant, i.e., a known rust-susceptible variety of Berberis, Mahoberberis, or Mahonia. Infected wheat stems, a primary host of black stem rust, are placed on top of the screen. The plants are moistened and maintained in 100% humidity, causing the spores to swell and fall on the plants lying under the screen.

that are listed as rust-resistant under §301.38-2 (b) and (c).

Rust-susceptible plants. All plants of the genera Berberis, Mahoberberis, and Mahonia species not listed as rust-resistant under § 301.38-2 (b) and (c).

Regulated article. Any article listed in §301.38-2 (a) through (d) of this subpart or otherwise designated as a regulated article in accordance with §301.38-2(e) of this subpart.

Seedling. Any plant of the genera Berberis, Mahoberberis, and Mahonia grown from seed and having less than 2 years' growth.

State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory or possession of the United States.

Two years' growth. The growth of a plant during all growing seasons of 2 successive calendar years.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]

§301.38-2 Regulated articles.

The following are regulated articles: 3 (a) All seedlings and plants of less than 2 years' growth of the genus Berberis.

(b) All plants, seeds, fruits, and other plant parts capable of propagation from the following rust-resistant Berberis species.

B. aridocalida
B. beaniana
B. buxifolia

B. buxifolia nana

B. calliantha

B. candidula

B. candidula 'Amstelveen' B. cavallieri

B. chenaulti

B. chanaulti 'Apricot Queen' B. circumserrata

B. concinna B. corii

B. darwini

The plants are then observed for 7 days at 2080% relative humidity. This test procedure is repeated 12 times. If in all 12 tests, the rustsusceptible plant shows signs of infection after 7 days and the test plants do not, USDA will declare the test plant variety rust-resistant. The tests must be performed on new growth, just as the leaves are unfolding.

3 Permit and other requirements for the interstate movement of black stem rust organisms are contained in part 330 of this chapter.

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