Virginia Regulatory Town Hall

Proposed Text

highlight

Action:
Repeal of Chapter 470 - Grape Nursery Stock
Stage: Fast-Track
 
2VAC5-470

CHAPTER 470
RULES AND REGULATIONS PERTAINING TO THE REGISTRATION AND CERTIFICATION OF GRAPE NURSERY STOCK (REPEALED)

2VAC5-470-10

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 (Repealed.)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

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

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

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

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

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

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

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

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

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

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

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.