VIRGINIA EMERALD ASH BORER QUARANTINE FOR ENFORCEMENT OF THE VIRGINIA PEST LAW
2VAC5-335-10. Declaration of quarantine.
A quarantine is hereby established to regulate the movement of
certain articles capable of transporting the highly destructive pest of ash (Fraxinus
spp.) known as the emerald ash borer, Agrilus planipennis (Fairemaire)
uninfested or unregulated areas of the state unless such articles comply with
the conditions specified herein.
Purpose of quarantine. (Repealed.) The emerald ash borer is an introduced beetle that
specifically attacks and kills ash trees. It has become established in Fairfax
County, Virginia, and has the potential to spread to uninfested counties by
both natural means and humans moving infested articles. The purpose of this
quarantine is to prevent the artificial spread of the emerald ash borer to
uninfested areas of the state by regulating the movement of those articles that
pose a significant threat of transporting the emerald ash borer.
The following words and terms shall have the following meaning unless the context clearly indicates otherwise:
"Certificate" means a document issued by an inspector
or any other person operating in accordance with a compliance agreement to
allow the movement of regulated articles to any destination. "Compliance agreement" means a written agreement
between a person engaged in growing, handling, receiving or moving regulated
articles and the Virginia Department of Agriculture and Consumer Services, the
United States Department of Agriculture, or both, wherein the former agrees to
comply with the requirements of the compliance agreement.
"Emerald ash borer" means the live insect known as the emerald ash borer, Agrilus planipennis (Fairemaire), in any life stage (egg, larva, pupa, adult).
"Infestation" means the presence of the emerald
ash borer or the existence of circumstances that make it reasonable to believe
that the emerald ash borer is present.
"Inspector" means any employee of the Virginia Department of Agriculture and Consumer Services, or other person authorized by the commissioner to enforce the provisions of the quarantine or regulation.
"Limited permit (permit)" means a document issued
by an inspector or other person operating in accordance with a compliance
agreement to allow the movement of regulated articles to a specific
"Moved (move, movement)" means shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.
"Person" means any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.
"Virginia Pest Law" means the statute set forth in Chapter 7 (§ 3.2-700 et seq.) of Title 3.2 of the Code of Virginia.
2VAC5-335-40. Regulated articles.
The following articles are regulated under the provisions of
, and shall not be moved out of any regulated area within
Virginia, except in compliance with the conditions prescribed in this
1. The emerald ash borer in any life stage.
2. Firewood of all hardwood (nonconiferous) species.
3. Ash (Fraxinus spp.) nursery stock.
4. Green (nonheat treated) ash lumber.
5. Other living, dead, cut, or fallen material of the genus Fraxinus, including logs, stumps, roots, branches, and composted and uncomposted wood chips.
2VAC5-335-50. Regulated areas.
The following areas in Virginia: The entire counties of: Arlington Charlotte Clarke Fairfax Fauquier Frederick Halifax Loudoun Lunenburg Mecklenburg Pittsylvania Prince William The entire independent cities of: Alexandria Danville Fairfax City Falls Church Manassas Manassas Park Winchester
The entire Commonwealth of Virginia is a regulated area.
2VAC5-335-60. Conditions governing the intrastate movement of regulated articles.
A. Movement of a regulated article solely within the
regulated area is allowed without restriction. B. Any regulated article may be moved intrastate from a
regulated area only if moved under the following conditions: 1. With a certificate or limited permit issued and attached
in accordance with 2VAC5-335-70 and 2VAC5-335-100 of this quarantine. 2. Without a certificate or limited permit, if: a. The points of origin and destination are indicated on a
waybill accompanying the regulated article; b. The regulated article, if moved through the regulated
area during the period of April 1 through September 30, is moved in an enclosed
vehicle or is completely covered to prevent access by the emerald ash borer; c. The regulated article is moved directly through the
regulated area without stopping (except for refueling or for traffic
conditions, such as traffic lights or stop signs), or has been stored, packed,
or handled at locations approved by an inspector as not posing a risk of
infestation by the emerald ash borer; and d. The regulated article has not been combined or
commingled with other articles so as to lose its individual identity. 3. With a limited permit issued by the Commonwealth if the
regulated article is moved: a. By a state or federal agency for experimental or
scientific purposes; b. Under conditions, specified on the permit, which the
commissioner has found to be adequate to prevent the spread of the emerald ash
borer; and c. With a tag or label bearing the number of the permit
issued for the regulated article attached to the outside of the container of
the regulated article or attached to the regulated article itself if the
regulated article is not in a container.
Issuance and cancellation of certificates and
limited permits. (Repealed.) A. Certificates may be issued by an inspector or any person
operating under a compliance agreement for the movement of regulated articles to
any destination within Virginia when: 1. The articles have been examined by the inspector and
found to be apparently free of the emerald ash borer; 2. The articles have been grown, produced, manufactured,
stored or handled in such a manner that, in the judgment of the inspector,
their movement does not present a risk of spreading the emerald ash borer; 3. The regulated article is to be moved in compliance with
any additional conditions deemed necessary under the Virginia Pest Law to
prevent the spread of the emerald ash borer; and 4. The regulated article is eligible for unrestricted
movement under all other state or federal domestic plant quarantines and
regulations applicable to the regulated articles. B. Limited permits may be issued by an inspector for the
movement of regulated articles to specific destinations within Virginia if: 1. The regulated article is apparently free of emerald ash
borer, based on inspection; or the article has been grown, produced,
manufactured, stored, or handled in a manner that, in the judgment of the
Virginia Department of Agriculture and Consumer Services, prevents the article
from presenting a risk of spreading the emerald ash borer; or 2. The regulated article is to be moved intrastate to a
specified destination under conditions that specify the limited handling,
utilization, processing or treatment of the articles, when the inspector
determines that such movement will not result in the spread of the emerald ash
borer because the life stage(s) of the insect will be destroyed by such
specified handling, utilization, processing or treatment; and 3. The regulated article is to be moved in compliance with
any additional conditions deemed necessary under the Virginia Pest Law to
prevent the spread of the emerald ash borer; and 4. The regulated article is eligible for interstate movement
under all other state or federal domestic plant quarantines and regulations
applicable to the regulated article. C. Certificates and limited permits for use for intrastate
movement of regulated articles may be issued by an inspector or person
operating under a compliance agreement. A person operating under a compliance
agreement may issue a certificate for the intrastate movement of a regulated
article if an inspector has determined that the regulated article is otherwise
eligible for a certificate in accordance with subsection A of this section. A
person operating under a compliance agreement may issue a limited permit for
intrastate movement of a regulated article when an inspector has determined
that the regulated article is eligible for a limited permit in accordance with
subsection B of this section. D. Any certificate or limited permit that has been issued
or authorized may be withdrawn by the inspector orally, or in writing, if he
determines that the holder of the certificate or limited permit has not
complied with all conditions for the use of the certificate or limited permit
or with any applicable compliance agreement. If the withdrawal is oral, the
withdrawal and the reasons for the withdrawal shall be confirmed in writing as
promptly as circumstances allow.
Compliance agreements and cancellation. (Repealed.) A. Any person engaged in growing, handling, or moving
regulated articles may enter into a compliance agreement when an inspector determines
that the person understands this quarantine. The agreement shall stipulate that
safeguards will be maintained against the establishment and spread of
infestation, and will comply with the conditions governing the maintenance of
identity, handling, and subsequent movement of such articles, and the cleaning
and treatment of means of conveyance and containers. B. Any compliance agreement may be canceled orally or in
writing by an inspector whenever the inspector finds that the person who has
entered into the compliance agreement has failed to comply with this
quarantine. If the cancellation is oral, the cancellation and the reasons for
the cancellation shall be confirmed in writing as promptly as circumstances
Assembly and inspection of regulated articles.
(Repealed.) A. Any person (other than a person authorized to issue
certificates or limited permits under 2VAC5-335-70) who desires to move a regulated
article intrastate accompanied by a certificate or limited permit shall apply
for inspection as far in advance as possible, but at least five business days
before the services are needed. B. The regulated article must be assembled at the place and
in the manner the inspector designates as necessary to facilitate inspection
and comply with this quarantine. The regulated article shall be safeguarded
Attachment and disposition of certificates and
limited permits. (Repealed.) A. A certificate or limited permit required for the
intrastate movement of a regulated article must be attached at all times during
the intrastate movement to the outside of the container containing the
regulated article or to the regulated article itself if not in a container. The
requirements of this section may also be met by attaching the certificate or
limited permit to the consignee's copy of the waybill, provided the regulated
article is sufficiently described on the certificate or limited permit and on
the waybill to identify the regulated article. B. The certificate or limited permit for the intrastate
movement of a regulated article must be furnished by the carrier to the
consignee at the destination of the regulated article. A copy of the
certificate and/or limited permit must be retained by the sender of the
article(s) at the place of origin.