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Apple maggot, San Jose scale and codling moth in Wasco County
603-052-0153

Definitions
As used in OAR 603-052-0154 to 603-052-0158, unless the context requires otherwise:
(1) "Host Tree" means cherry (Prunus spp.), pears (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella) as may be deemed necessary by the Department.

(2) "Insect" means Apple Maggot (Rhagoletis pomonella)(Walsh), San Jose Scale (Diaspidiotus perniciosus)(Comstock) and Codling Moth (Cydia pomonella)(Linnaeus).

Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81; DOA 3-2009, f. & cert. ef. 2-13-09; DOA 11-2011, f. & cert. ef. 7-20-11

603-052-0154
Control Area


A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of Apple Maggot, San Jose Scale and Codling Moth within the boundaries of Wasco County, Oregon.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0155
Intent and Purpose


It is the intent and purpose of OAR 603-052-0153 to 603-052-0158 to prevent the buildup and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial cherry, pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to decrease insect resistance to pesticides. Also, it is the intent and purpose of said rules to more effectively carry out insect control efforts by enabling area-wide spraying programs of commercial orchards in the control area.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0156
Control by Spraying


(1) All host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area which are in near proximity to commercial pear and apple orchards, shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals at the rate, at the times and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise).

(2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area, the Department or its contractors may annually inspect any of the areas described in section (1) of this rule.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0157
Inspection Procedures


In order to determine whether the provisions of OAR 603-052-0156 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of OAR 603-052-0158. The Department may consult with any ad hoc plant pest control advisory committee established in the control area in order to ascertain whether adequate insect controls have been undertaken by particular persons and whether such persons have been advised of the necessity to control the described insects.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81

603-052-0158
Control Procedures


(1) The order of the Department referred to in OAR 603-052-0157 may direct that infested host plants or host trees be completely uprooted; cut off near the ground level and the stump immediately treated with an effective herbicide; or killed in place so as not to harbor insect pests. Additionally, the Department may direct that any subsequent sprouts or regrowth of such trees also be killed.

(2) If it is determined that the order described in OAR 603-052-0157 has not been complied within five days after its issuance, the failure to so comply shall be deemed to be a violation of ORS 570.410 and subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415
Hist.: AD 13-1981, f. 7-24-81, ef. 8-7-81