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Virginia Regulatory Town Hall

Final Text

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Action:
Repeals the Virginia Emerald Ash Borer Quarantine
Stage: Final
 
2VAC5-335

CHAPTER 335
VIRGINIA EMERALD ASH BORER QUARANTINE FOR ENFORCEMENT OF THE VIRGINIA PEST LAW (REPEALED)

2VAC5-335-10

2VAC5-335-10. Declaration of quarantine. (Repealed.)

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).

2VAC5-335-30

2VAC5-335-30. Definitions. (Repealed.)

The following words and terms shall have the following meaning unless the context clearly indicates otherwise:

"Emerald ash borer" means the live insect known as the emerald ash borer, Agrilus planipennis (Fairemaire), in any life stage (egg, larva, pupa, adult).

"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.

"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 (ยง 3.2-700 et seq.) of Title 3.2 of the Code of Virginia.

2VAC5-335-40

2VAC5-335-40. Regulated articles. (Repealed.)

The following articles are regulated under the provisions of this quarantine:

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

2VAC5-335-50. Regulated areas. (Repealed.)

The entire Commonwealth of Virginia is a regulated area.

2VAC5-335-60

2VAC5-335-60. Conditions governing the intrastate movement of regulated articles. (Repealed.)

Movement of a regulated article solely within the regulated area is allowed without restriction.

2VAC5-335-110

2VAC5-335-110. Inspection and disposal of regulated articles and pests. (Repealed.)

Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and emerald ash borers as provided in the Virginia Pest Law under which this quarantine is issued.

2VAC5-335-120

2VAC5-335-120. Nonliability of the department. (Repealed.)

The Virginia Department of Agriculture and Consumer Services shall not be liable for any costs incident to inspections required under the provisions of the quarantine and regulations other than for the services of the inspector.

2VAC5-335-130

2VAC5-335-130. Revocation of this regulation. (Repealed.)

This regulation may be revoked by the board when such party is satisfied that the need for this quarantine no longer exists. Such revocation shall take place upon the date specified by the board in the order that revokes this regulation.