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Pierce's disease regulations
Introduction
Pierce’s disease (PD), caused by the bacteria, Xylella fastidiosa, is a deadly disorder of grape plants (Vitis). X. fastidiosa also attacks a wide variety of other plants, including citrus, peach, almond, plum, maple, elm, oak, and alfalfa. Symptoms first appear as water stress in the summer as the bacteria clog the water transport vessels, or xylem, and thus block the movement of water in a plant. Scorching and eventual necrosis of the leaves occur. Fruit, if they develop, typically shrivel or raisin. The death of grape plants occurs at varying times, from a couple months to years, depending on the Vitis species. The bacterium is spread by sap feeding insects, most importantly by sharpshooters (Cicadellidae). The disease can also be spread by humans with the grafting of infected to non-infected plants and the movement of infected plant material.

X. fastidiosa is known to occur in the United States in Alabama, Arizona, Arkansas, California, Delaware, District of Columbia, Florida, Georgia, Indiana, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, and West Virginia. Other areas outside the states infected with the bacteria include Argentina, Brazil, Costa Rica, France, India, Italy, Mexico, Paraguay, Taiwan, Venezuela. X. fastidiosa is not established in Oregon.
 

Regulations
To protect Oregon vineyards and wine industry, the Oregon Department of Agriculture (ODA) established two quarantines against pests and diseases of wine grapes: the first a general quarantine against pests and pathogens of grape detailed in Oregon Administrative Rules (OAR) 603-052-0051 and the second, described in OAR 603-052-1221, a more specific quarantine against both Pierce’s disease and it’s vector glassy winged sharpshooter.
 
The first general quarantine (OAR 603-052-0051) covers all pests and diseases of wine grapes. Areas under quarantine comprise all states, districts, and territories of the United States. Commodities covered include plants, cuttings and all other plant parts (except fruits) of grape (Vitis species), excluding table grapes, Vitis labrusca. All covered commodities are prohibited entry into the state of Oregon unless they meet the following requirements:
  • Freedom from soil: Only grape cuttings and rooted plants produced in sterile soil-less media are permitted entry into Oregon. Potting media must be treated with a soil insecticide effective against vine mealybug and any pests that may be present on the roots.
  • Freedom from dangerous pests and diseases: Cuttings and plants must be free of dangerous pests and diseases.
  • Phytosanitary certificate required: All shipments must be accompanied by a phytosanitary certificate issued by an official of the state of origin certifying that the grape cuttings or rooted plants have been inspected and to the best of the knowledge of the inspecting official are free from dangerous pests and diseases. In addition, the phytosanitary certificate must certify that rooted plants were grown in sterile soil-less media and treated with a soil or systemic insecticide effective against vine mealybug and any other pests that may be present on the roots. Note: depending on origin, other state quarantines may apply (e.g. glassywinged sharpshooter, European brown garden snail, Japanese beetle) and may require other additional declarations on the phytosanitary certificate.

The second, more specific quarantine (OAR 603-052-1221) covers both Pierce’s disease (X. fastidiosa) and the vector, Glassy winged sharpshooter (Hoalodisca coagulata). Quarantined areas include Mexico, the entire states of Alabama, Arkansas, California, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, Texas and any other state found to be infested with X. fastidiosa or H. coagulata during the life of this quarantine. All types of propagative material of grape plants (Vitis spp.) are prohibited unless they adhere to specific protocols to ensure that shipped host nursery stock is free of X. fastidiosa or H. coagulata.
  • The area under quarantine must have been trapped and found free of an established, reproducing population of the glassy winged sharpshooter or the propagative material treated with a registered pesticide effective at killing all stages of the insect prior to shipment as near to the time of shipping as is reasonably possible.
  • A phytosanitary certificate or certificate of quarantine compliance must accompany the shipment with one of the following additional declarations: “all glassy-winged sharpshooter host plants in this shipment have been grown in a nursery under compliance agreement with the corresponding state’s department of agriculture” or “all glassy-winged sharpshooter host plants in this shipment have been treated with an approved pesticide.
  • Grape plants shipped from quarantine areas must be tested and found free of X. fastidiosa. A phytosanitary certificate must accompany the shipment with the following additional declaration: “Grape plants (Vitis spp.) in this shipment have been treated for glassy-winged sharpshooter with an approved pesticide and a representative sample has been tested and found free of Xylella fastidiosa.”
For both quarantines, prenotification of regulated commodity shipment is required. At least one day prior to shipment, the shipper shall mail, FAX or e-mail documents including the phytosanitary certificate, listing the type and quantity of plants, address of shipper, address of recipient, and contact phone numbers to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; FAX: 503/986-4564; e-mail: quarantine@oda.state.or.us. The department may require that shipments be held until inspected and released. If the recipient is not a licensed nursery, the department may charge established rates for time and mileage to recover the cost of inspection. All covered commodities determined to be in violation of this quarantine, shall be immediately returned by the recipient to the point of origin or, at their option and without expense or indemnity paid by the department, destroyed. Violation of this quarantine may result in a fine, if convicted, of not less than $500 nor more than $5,000 as provided by ORS 561.990(4). Violators may also be subject to civil penalties of up to $10,000 as provided by Oregon Laws 1999, chapter 390, section 2; nursery license suspension or nursery license revocation.