Proposed Text
CHAPTER 470
RULES AND REGULATIONS PERTAINING TO THE REGISTRATION AND CERTIFICATION OF GRAPE
NURSERY STOCK (REPEALED)
2VAC5-470-10. Definitions. (Repealed.)
Terms used in the singular form in this chapter shall be
deemed to import the plural, and vice versa, as the case may demand. The
following terms, when used in this chapter, shall be construed, respectively to
mean:
"Applicant" means any person who files an
application for participation in this program.
"Commissioner" means the Commissioner of the
Virginia Department of Agriculture and Consumer Services.
"Department" means the Virginia Department of
Agriculture and Consumer Services.
"Foundation block" means a planting of grape
vines established, operated and maintained by the department in collaboration
with Virginia Polytechnic Institute and State University, that are indexed to
be free from virus diseases specified in 2VAC5-470-80 A, and that are
true-to-name. Propagating wood from the foundation block to establish mother
blocks will be furnished to the applicants. Written requests for foundation
stock must be received by the Department of Agriculture and Consumer Services
before December 1 of each year.
"Foundation stock" means plants or propagating
wood which have been produced in a foundation block established, operated and
maintained by the department in collaboration with Virginia Polytechnic
Institute and State University or from any other foundation block in a state or
country which has grapevine certification regulations and is approved by the
department.
"Index or indexing" means to determine virus
infection by means of inoculation from the plant to be tested to an indicator
plant; or by any direct detection method approved by the department.
"Off-type" means different from the variety as
stated on the application for registration or certification. A vine or a cane
shall be considered off-type when affected by a disorder of genetic origin.
"Progeny vine" means a vine propagated from a
parent rootstock and/or a parent top-stock source which has been indexed and is
intended for planting in a foundation block.
"Propagating wood" means cuttings or buds taken
from plants.
"Registered" means that a registration number has
been assigned by the department to a grapevine in a foundation block, to an
entire mother block, or to an entire increase block following the inspection
and testing required in this chapter.
"Registered increase block" means a planting of
grapevines from registered mother blocks or foundation stock and maintained by
the applicant.
"Registered mother block" means a planting of
grapevines maintained by the applicant to serve as a source for registered
increase blocks and/or registered stock.
"Registered stock" means plants or propagating
wood which have been produced in a foundation block, registered mother block or
a registered increase block.
"Virginia Certified Grape Nursery Stock" to be
known as certified stock means vines, rooted cuttings, cuttings, grafts, or
buds taken from registered stock and certified in accordance with the
provisions of this article. Certified stock also means vines, rooted cuttings,
cuttings, grafts or buds taken from registered stock in another state or
country which has grapevine certification regulations and is approved by the
department with certification being approved for one growing season following
introduction to a Virginia nursery.
"Virus-infected" means infected by a virus or
manifesting symptoms or characteristics of a virus disease as specified in
2VAC5-470-80 A.
2VAC5-470-20. Voluntary program. (Repealed.)
Participation in this program shall be voluntary and may be
withdrawn at the option of the applicant.
2VAC5-470-30. Warranty. (Repealed.)
The Commonwealth of Virginia and the department warrant the
certified stock produced under the provisions of this chapter as being
apparently virus free, as specified in 2VAC5-470-80 A. A certification tag, as
detailed in 2VAC5-470-100 A, will be attached by the applicant. Certification
is based on visual inspections of the vines and documentation of foundation
stock source. Certification of this lot does not represent virus freedom of any
other lot of noncertified grape nursery stock. Inspection reports of all grape
nursery stock entered for certification can be inspected at the department's
office in Richmond, Virginia.
2VAC5-470-40. Applicant requirements. (Repealed.)
A. The applicant shall be responsible, subject to the
approval of the department, for the selection of the location and the proper
maintenance for the following: registered mother blocks, registered increase
blocks, and registered stock. The applicant shall be responsible for
maintaining the identity of all registered mother blocks, registered increase
blocks, and registered stock, and for keeping all plants in a thrifty growing
condition and free of plant pests.
B. The applicant shall take suitable precautions in
cultivation, irrigation, movement and use of equipment, and in other management
practices to guard against the spread of soil-borne pests to plantings entered
under this program. The applicant shall keep all areas clean cultivated except
for cover crops.
C. Any registered vine or nursery plant found to be infected
by a virus-like disease or is off-type shall be immediately reported to the
department. Upon department inspection, the infected vine or nursery plant may
be required to be removed and destroyed, if so ordered by the department.
2VAC5-470-50. Planting location requirements. (Repealed.)
Each planting shall be located in an area where
contamination by soil-borne virus diseases of grapes from drainage, flooding,
irrigation or other means is not likely to occur.
Each planting shall be located at least 25 feet for any
land on which grapevines or other fruit known to be susceptible to viruses
infecting grape have been grown within the past 10 years, or shall be in a
location approved by the department. This distance may be reduced if approved
by the department provided the adjacent land is planted to a vineyard of
certified stock. Preparation of the site shall be in a manner approved by the
department.
2VAC5-470-60. Planting and maintenance requirements. (Repealed.)
A. Plants in registered mother blocks and registered
increase blocks shall be spaced at a minimum of five feet in the row, and rows
eight feet apart, with 20 feet between varieties in the row. These spacing
requirements will not apply to registered mother blocks and registered increase
blocks established in a greenhouse. Treatment to eliminate soil-borne pests in
a manner approved by and under the supervision of the department may be
required.
B. Propagating wood for each registered mother block
variety and registered increase block variety must be identified by its progeny
vine registration number and kept separate during the growing season.
C. Certified stock, including propagating wood, produced
under the provisions of this chapter shall be stored, heeled-in, or calloused
in media, beds, or storage areas approved by the department. The department may
require such treatment as may be necessary to protect against infection or
infestation with pests.
D. The department shall be notified in advance of the
planting, replanting, grafting, budding, rebudding, pruning, removal of
certified stock, or removal of vines in any planting entered in this program in
order that necessary inspections may be made or approval granted before the
work is done.
E. Certified stock shall be sold within two years of
certification. Certified stock introduced from another state or country shall
be sold within one year following introduction into the Virginia nursery.
Certified stock not sold within these periods shall have its certification
revoked.
F. Any planting entered in this program shall be kept in a
thrifty growing condition, and pests shall be kept under intensive control.
Suitable precautions shall be taken in cultivation, irrigation, movement and
use of equipment and in other approved cultural practices to guard against the
spread of pests to plantings entered under this program.
2VAC5-470-70. Eligibility for planting. (Repealed.)
A. In a foundation block. To be acceptable for planting in
the foundation block, a plant shall be foundation stock, or its rootstock and top-stock
sources and the plant itself shall have been inspected and tested and found not
to be virus-infected or off-type, as provided in 2VAC5-470-80 A and E and the
index reading shall have been completed within 24 months, or the plant shall
have an equivalent known history approved by the department.
The plant shall have been protected from possible virus
infection in an approved manner from the time it was originally propagated
until it is planted in the foundation block.
B. In a registered mother block. Foundation stock shall be
acceptable for planting in a registered mother block. When approved by the
department, propagating wood from a field-planted permanent registered mother
block may be planted in the same registered mother block to increase its size
or as replacements.
Registered stock in movable containers is acceptable as
long as the location is approved by the department and does not change.
C. In a registered increase block. Foundation stock or
registered stock from a registered mother block shall be acceptable for
planting in a registered increase block. When approved by the department
propagating wood from a field- planted permanent registered increase block may
be planted in the same increase block to increase its size or as replacements.
Registered stock in movable containers is acceptable as
long as the location is approved by the department and does not change.
2VAC5-470-80. Inspection and testing procedures. (Repealed.)
Inspection and testing procedures prescribed in this
section may be made by the Virginia Polytechnic Institute and State University,
the United States Department of Agriculture, or the department, and shall be
conducted in a manner and at times determined by the department as suitable.
Index-testing may also be made by another state or country upon approval of the
department. In the indexing procedures required in this section the
substitution of other indicator plants or methods may be approved, if equally
suitable. Indexing on a fewer number of indicator plants may be approved if the
plant being tested is itself a good indicator for a particular disease.
Indexing by a direct detection method may be approved if the method is
comparable to indexing on indicator plants.
A. For progeny vines. The parent rootstock and top-stock
sources of a progeny vine for which registration is planned shall be
index-tested on Mission, St. George, Baco 22 A, LN-33 varieties of grapevines,
and Chenopodium spp., or by any other method approved by the department for the
following virus diseases: tomato ringspot, grape leafroll, fanleaf
degeneration, grape cordy bark and grapevine stem pitting, and any other
diseases designated by the department.
B. In a foundation block. At least two visual inspections
of each vine shall be made each growing season with annual indexing for tomato
ringspot virus. Systematic indexing for other viruses shall be done as
requested by the department based upon the biannual visual inspections or other
indications which indicate reindexing is required.
C. In a registered mother block. At least two inspections
of each vine shall be made each growing season with systematic indexing as
required by the department.
D. In a registered increase block. At least one visual
inspection shall be made each year prior to the removal of fruit, if any, from
the vines, with systematic indexing as required by the department.
E. Additional inspections or tests may be required if
seasonal conditions or other factors tend to obscure virus symptoms or make
adequate inspection impossible, or when virus infection is suspected or virus
symptoms may be masked in a particular variety.
2VAC5-470-90. Cancellation of registration or certification.
(Repealed.)
Stock may be denied certification as "Virginia
Certified Grape Nursery Stock" or as registered stock if:
1. The requirements of this chapter have not been met;
2. Any vine in the planting is found virus-infected unless
in the opinion of the department the remainder of the planting can be
adequately protected, by treatment or by removal and destruction of all vines
in the infected area, or by other means;
3. The plant is off-type;
4. It is determined that the registered stock used to
produce certified or other registered stock is found to be virus infected;
5. The pest cleanliness requirements as required in this
chapter and for nursery stock in the Virginia Plant and Plant Products
Inspection Law have not been met.
2VAC5-470-100. Tagging and identity. (Repealed.)
A. The department will authorize the use of official
certification tags for the identification of "Virginia Certified Grape
Nursery Stock" that meets the requirements of this program.
B. Any person selling "Virginia Certified Grape
Nursery Stock" is responsible for the identity of such nursery stock.
Persons issued tags authorized by the program shall account by variety for
stock produced and sold and keep such other records as may be required.
2VAC5-470-110. Application and fees. (Repealed.)
A. The applicant shall furnish information requested and
shall give consent to the department to take plants or plant parts from any planting
for inspection or testing purposes.
Application for participation in the Registration and
Certification of Grape Nursery Stock Program must be filed with the department
by January 1 of each year accompanied by an application fee.
B. Fees established in this chapter are for the sole
purpose of defraying expenses incurred in the inspection, approval,
registration, and certification procedures herein provided.
The Commissioner shall establish a schedule of fees for
services provided in this chapter.
2VAC5-470-120. Viticultural Technical Advisory Committee.
(Repealed.)
A Viticultural Technical Advisory Committee shall be
appointed by the commissioner and shall advise the department on additions,
deletions, and/or modifications of the Registration and Certification of Grape
Nursery Stock Program.