Summary of plant protection regulations




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MICHIGAN
SUMMARY OF PLANT PROTECTION REGULATIONS

Updated May 2015


Michigan Department of Agriculture and Rural Development

Pesticide & Plant Pest Management Division


LANSING OFFICE

PO Box 30017, 6th Floor, Constitution Hall

Lansing, MI 48909

Telephone: 800-292-3939; Fax: 517-335-4540


Web site:

http://www.michigan.gov/mdard
Robin Rosenbaum State Plant Regulatory Official/Plant Industry Section Manager

e-mail rosenbaumr@michigan.gov phone 517-284-5646

Michael Bryan Export and Compliance Program Specialist

e-mail bryanm@michigan.gov phone 517-284-5648

Gina Alessandri Division Director

e-mail alessandrig@michigan.gov phone 517-284-5637

Jeffrey Zimmer . Deputy Division Director

e-mail zimmerj@michigan.gov phone 517-284-5638

Michael Hansen State Apiarist

e-mail hansenmg@michigan.gov phone 269-429-0669

Richard Kaitany Plant Pathology and Biotechnology

e-mail kaitanyr@michigan.gov phone 517-337-5091

Michael Philip Nursery and Survey Program Specialist

e-mail philipm@michigan.gov phone 517-284-5649

John Bedford Pest Response Program Specialist

e-mail bedfordj@michigan.gov phone 517-284-5650


The information, as provided, is for informational purposes only and should not be interpreted as complete, nor should it be considered legally binding. Coordination with both your state and the destination state plant regulatory agency listed above may be necessary to stay up-to-date on revised requirements.
ADVANCE NOTIFICATION OF P. RAMORUM – HOST NURSERY STOCK SHIPMENTS TO MICHIGAN

Any interstate shipping nursery located in the current quarantined counties moving any species of the genera Camellia, Kalmia, Pieris, Rhododendron (including Azalea), and Viburnum (defined under 7 CFR 301.92-2 (d) proven host taxa) interstate to non-regulated areas must provide advance notification in writing. Advance notification of shipments to destinations in Michigan must be sent via email to Joshua Grant at GrantJ5@michigan.gov

As an alternative, copies may be faxed to the Michigan Department of Agriculture and Rural Development, Pesticide and Plant Pest Management Division, Attention: Nursery and Export Program at (517) 335-4540.
NURSERY STOCK DEFINITION
Nursery stock means all botanically classified hardy perennial or biennial trees, shrubs, vines, and plants, either domesticated or wild, cuttings, grafts, scions, buds, bulbs, rhizomes, or roots thereof, fruit pits; also such plants and plant parts for, or capable of, propagation, except field, vegetable and flower seeds, corms and tubers.
GENERAL SHIPPING REQUIREMENTS
Any nursery stock shipped into Michigan must bear a statement or a tag or other device showing the names and addresses of the consignor or shipper, and the consignee or person to whom shipped, the general nature of the contents, as well as labels upon each variety as to the name and grade as approved by AmericanHort. Such stock shall be in live and vigorous condition and of the grade specified, together with a certificate of inspection of the proper official of the state, territory, or country from which it was brought or shipped. Any nursery stock sold or given away in this state shall bear an exact copy of the person's valid certificate of inspection.
Any non-resident nurseryman, grower or dealer who solicits or takes orders for or sells nursery stock in this state through resident or non-resident agents shall obtain a license.

Licensing requirements may be waived if the non-resident nurseryman, grower or dealer is licensed in his or her state and the resident state of the nurseryman or dealer has entered into a reciprocal agreement with this state to exempt Michigan nurserymen, growers or dealers from licensing requirements in their state.


PROHIBITED & RESTRICTED PLANTS/NOXIOUS WEEDS

A. Prohibited Plant Species (Natural Resources and Environmental Protection Act Part 413 (Act 451 of 1994, as amended)


Any of the following plants, fragments, seeds or a hybrid or genetically engineered variant thereof:

Cabomba caroliniana fanwort

Cylindrospermopsis raciborskii cylindro

Egeria densa Brazilian elodea

Fallopia japonica Japanese knotweed

Heracleum mantegazzianum giant hogweed

Hydrilla verticillata. Hydrilla

Hydrocharis morsus-ranae European frogbit

Lagarosiphon major African oxygen weed

Myriophyllum aquaticum parrot's feather

Nitellopsis obtusa starry stonewort

Nymphoides peltata yellow floating heart

Salvinia molesta, auriculata, biloba, or herzogii giant salvinia

Stratiotes aloides water soldier

Trapa natans water chestnut
B. Restricted Plant Species (Natural Resources and Environmental Protection Act Part 413 (Act 451 of 1994, as amended)
Any of the following plants, fragments, seeds or a hybrid or genetically engineered variant thereof:
Butomus umbellatus flowering rush

Elaeagnus umbellata autumn olive

Lythrum salicaria purple loosestrife

Myriophyllum spicatum Eurasian watermilfoil

Phragmites australis. Phragmites or common reed

Potamogeton crispus curly leaf pondweed

  1. Noxious Weeds (Michigan Seed Law (Act 329 of 1965) and Regulation 715 (Under Act 329) Seed Law Implementation

1. Prohibited noxious weeds - seeds of these species are prohibited as contaminants in seed offered for sale



Agropyron repens = Elytrigia repens quackgrass

Cardaria draba whitetop = hoary cress = perennial peppergrass

Carduus acanthoides plumeless thistle

Carduus nutans musk thistle

Centaurea maculosa spotted knapweed

Centaurea picris Russian knapweed

Cirsium arvense Canada thistle

Cirsium vulgare bull thistle

Convolvulus arvensis field bindweed

Convolvulus sepium hedge bindweed

Cuscuta spp. dodder

Cyperus esculentus, both seed and tubers………………………………….yellow nutsedge, chufa

Euphorbia esula leafy spurge

Ipomea species morning glory

Nasella trichoma serrated tussock

Solanum carolinense horsenettle

Sonchus arvensis perennial sowthistle

Sorghum halapense, including Sorghum almum and seed which cannot be distinguished from johnsongrass johnsongrass

Tribulus terrestris puncturevine
2. Restricted noxious weed seeds - generally the limit is one seed per 2000 of agricultural seed offered for sale
Abutilon theophrasti velvetleaf

Allium canadense wild onion

Allium vineale wild garlic

Avena fatua wild oat

Barbarea vulgaris yellow rocket

Berteroa incana hoary alyssum

Brassica juncea Indian mustard

Brassica nigra black mustard

Datura stramonium jimsonweed

Daucus carota wild carrot

Plantago lanceolata buckhorn plantain

Raphanus raphanistrum wild radish

Rumex crispus curled dock

Seteria faberii giant foxtail

Sinapis arvensis charlock

Solanum species: including all of the following species and any other species with indistinguishable seed: nightshade complex

Solanum dulcamara bitter nightshade

Solanum eleagnifolium silver leaf nightshade

Solanum nigrum black nightshade

Solanum ptycanthum eastern black nightshade

Solanum sarrachoides hairy nightshade

Thalspi arvense fanweed

Xanthium strumarium cocklebur
PROHIBITED & RESTRICTED MOLLUSKS

A. Prohibited Mollusk Species (Natural Resources and Environmental Protection Act Part 413 (Act 451 of 1994, as amended)


Any of the following mollusk species or a hybrid or genetically engineered variant thereof:

Achatina fulica Giant African snail

Candidula intersecta wrinkled dune snail

Hygromia cinctella girdled snail

Helix aspersa brown garden snail

Monacha cartusiana Carthusian snail

Xerolenta obvia. heath snail
B. Restricted Mollusk Species (Natural Resources and Environmental Protection Act Part 413 (Act 451 of 1994, as amended)
Any of the following mollusks or a hybrid or genetically engineered variant thereof:

Dreissena bugensis quagga mussel

Dreissena polymorpha zebra mussel

PROHIBITED & RESTRICTED INSECTS
A. Prohibited Insect Species (Natural Resources and Environmental Protection Act Part 413 (Act 451 of 1994, as amended)

Any of the following insect species or a hybrid or genetically engineered variant thereof:
Anoplophora glabripennis Asian longhorned beetle

Agrilus planipennis emerald ash borer

PERMITS
The Natural Resources and Environmental Protection Act Part 413 (Act 451 of 1994, as amended) allows for permits for educational and research purposes for plant, mollusk and insect species listed as prohibited and restricted in Part 413 of the Act. Applications for Part 413 permits may be obtained from MDARD by contacting Mike Bryan, Export and Compliance Program Specialist at (517) 284-5648; email bryanm@michigan.gov.
PPQ 526 “Application to Move Live Plant Pests and Noxious Weeds” are administered by the U.S. Department of Agriculture for shipping insects, snails, mites and federally listed noxious weeds. As part of the approval process, USDA consults with MDARD regarding applications involving shipments into Michigan. MDARD has imposed a moratorium on PPQ 526 applications that involve the knapweed biological control agents Cyphocleonus achates, Larinus minutus and Larinus obtusus until further notice.
QUARANTINES OR ADDITIONAL REQUIREMENTS

Full text versions of Michigan’s exterior state quarantines are available on the MDARD web site at http://Michigan.gov/pestquarantines




BALSAM WOOLLY ADELGID QUARANTINE

PESTS: Balsam woolly adelgid, Adelges piceae (Ratzeburg)


STATES REGULATED: The entire states of California, Idaho, Maine, New Hampshire, New York, North Carolina, Oregon, Tennessee, Vermont, Virginia, Washington and West Virginia. The entire Canadian provinces of British Columbia, New Brunswick, Newfoundland, Nova Scotia and Prince Edward Island; and, any other areas where balsam woolly adelgid is found to be established.
MATERIALS REGULATED: Balsam woolly adelgid, Adelges piceae (Ratzeburg) in any living form. Nursery stock; and, any of the following forest products with bark attached including: branches, boughs, logs, uncomposted or unshredded bark, lumber and firewood of all true firs (Abies spp.)
RESTRICTIONS: all regulated articles are prohibited entry into Michigan from any regulated area unless each lot or shipment is accompanied by an official certificate (i.e. State Phytosanitary Certificate or Certificate of Quarantine Compliance or equivalent certification document) evidencing compliance with one of the following criteria:


  1. Originating from a pest-free area: Regulated articles are approved for entry into Michigan from a regulated area when: a) they originate from a county where balsam woolly adelgid is not known to occur based on official surveys conducted at least once every three years; and, b) balsam woolly adelgid is not known to occur in counties immediately adjacent to the county of origin based on official surveys conducted at least once every three years; and, c) they have not been held in a county known to be infested with balsam woolly adelgid; and, d) they have not been exposed to regulated articles from areas regulated for balsam woolly adelgid.




  1. Production under an active pest management program: Seedlings and transplants of true fir (Abies spp.) no greater than 3 years old from the initial date of propagation may be certified for shipment into Michigan if produced under an active pest management program. An active pest management program must include the following components:




    1. Documented bi-weekly monitoring must be performed during the period of April 1 through November 1. If balsam woolly adelgid is detected during monitoring, a registered and effective insecticide treatment must be applied.

    2. The grower must maintain insecticide treatment records.

    3. The grower must have a documented training program for employees who work in the seedling and transplant production blocks.

    4. Seedlings and transplants must undergo an insecticide treatment effective against BWA within 7 days of shipment




  1. Heat treatment: Firewood with bark attached may be certified if the article has undergone heat treatment to a minimum core temperature of 56 degrees C. (132.8 degrees F.) for a minimum of 30 minutes.

Regulated articles originating from within a regulated area must be accompanied by a State Phytosanitary Certificate or Certificate of Quarantine Compliance or equivalent certification documents indicating the state and county of origin, the number and type of regulated articles, and containing one of the following declarations as applicable to the commodity:




  1. Regulated articles originate from a county where balsam woolly adelgid is not known to occur based on official surveys conducted at least once every three years; Balsam woolly adelgid is not known to occur in counties immediately adjacent to the county of origin based on official surveys conducted at least once every three years; year of last surveys _____ .The regulated articles have not been held in a county known to be infested with balsam woolly adelgid; and have not been held in proximity to regulated articles originating from areas where balsam woolly adelgid is known to occur.




  1. Seedlings/transplants were produced under an active pest management program to control balsam woolly adelgid.




  1. Firewood has undergone heat treatment to a minimum core temperature of 56 degrees Celsius(132.8 F.) for a minimum of 30 minutes.

A copy of the certificate must be faxed to the Michigan Department of Agriculture and Rural Development, Pesticide and Plant Pest Management Division, Attention: Export and Compliance Program Specialist at (517) 335-4540. As an alternative, scanned copies may be sent via email to bryanm@michigan.gov


Regulated articles originating from states outside a regulated area must be accompanied by a State Phytosanitary Certificate or Certificate of Quarantine Compliance or equivalent certification document indicating the state and county of origin, number and type of regulated articles, and containing the following declaration:
"The regulated articles have not been held in the proximity of regulated articles originating from areas regulated for balsam woolly adelgid."
All regulated articles received from sources outside of Michigan are required to be held by the receiving firm until released by the Michigan Department of Agriculture and Rural Development, unless the firm is operating under a compliance agreement with the Department. Regulated articles from other states will be released only after it is determined that they meet quarantine requirements.
EXEMPTIONS: The following are exempt from the provisions of the quarantine:

  1. Holiday greenery, such as cut Christmas trees, wreaths, boughs and grave blankets, from all true fir species if moved during the period of October 15 through January 1.

  2. Douglas-fir, Pseudotsuga spp.

  3. Composted or shredded bark and mulch of all true fir species.

  4. Lumber, logs, firewood and other forest products of all true fir species with all bark completely removed.

  5. Lumber, pallets and similar products that bear markings as being compliant with International Standards for Phytosanitary Measures No. 15, including American Lumber Standards Committee requirements for Kiln Dried (KD), Heat Treatment (HT), Dielectric Heat treatment (DH) or Kiln Dried Heat Treatment (KDHT) procedures.

  6. Lumber and posts which have been treated with wood preservatives compounds i.e. pressure treated with chromated copper arsenate or similar treatments.

  7. Seeds and cones of Abies spp.

  8. The Director may allow, with written approval, the movement of regulated articles from regulated areas, into Michigan for research purposes.


BLACK STEM RUST REG 617
PESTS: Black stem rust, Puccinia graminis
STATES REGULATED: All
REGULATED: Berberis, Mahonia and Mahoberberis.
RESTRICTIONS: All rust-susceptible species and varieties are prohibited. USDA as well as Michigan Department of Agriculture and Rural Development must officially approve resistant varieties, prior to sale or transport.
BLUEBERRY SCORCH, SHOCK AND SHEEP PEN HILL VIRUS QUARANTINE
PESTS: Blueberry Scorch Virus (BlScV) Carlavirus, Blueberry Shock Virus (BlShV) Ilarvirus and Sheep Pen Hill Disease (BlScV-NJ) Carlavirus
STATES REGULATED: The States of Connecticut, Massachusetts, New Jersey, New York, Oregon, Pennsylvania and Washington and the province of British Colombia, Canada or any other area where these viruses or plant material infected with these diseases are known to exist.
MATERIALS REGULATED: Plants, buds, vegetative cuttings or any other propagative forms of Vaccinium corymbosum
RESTRICTIONS:

All regulated articles shipped into Michigan from regulated areas must be certified virus free by a virus-free certification program recognized by the Director. All regulated articles shipped into Michigan from any state or province must be accompanied by a State Phytosanitary Certificate or Certificate of Quarantine Compliance or equivalent certification document indicating its point of original propagation or production and labeled or stamped to show compliance with terms of this quarantine. Certificates should include varietal name(s )for the regulated articles shipped in the shipment.


CHESTNUT GALL WASP QUARANTINE
PESTS: Chestnut gall wasp, Dryocosmus kuriphilus
STATES REGULATED: AL, GA, KY, MD, NC, OH, PA, TN, VA and any other state where chestnut gall wasp may become established.
MATERIALS REGULATED: Living plants and scionwood of all Castanea species including hybrids.
RESTRICTIONS: All regulated articles originating from regulated areas are prohibited entry into the State of Michigan, unless all of the following requirements are met:
1) The regulated articles originate from a pest free place of production where chestnut gall wasp is not known to occur; as determined by:

  1. Inspection of all Castanea spp. plants at the place of production annually by an agricultural official during the period of time when chestnut gall wasp symptoms would be readily seen (i.e. when leaves are fully developed); and,

  2. Inspection of all Castanea spp. plants in a buffer zone extending at least 1,000 meters from the place of production in all directions.

  3. All Castanea spp. plants in the place of production and the buffer zone must have undergone an annual inspection during the previous two growing seasons at time of full leaf development; and, must have been found free of symptoms of chestnut gall wasp infestation during the inspections.

2) Regulated articles originating from the regulated area must be accompanied by a state phytosanitary certificate or certificate of quarantine compliance or equivalent official certification indicating the number and type of regulated articles, and containing the declaration that the regulated articles originate from a pest free place of production where chestnut gall wasp is not known to occur.


A copy of the certificate must be faxed to the Michigan Department of Agriculture and Rural Development, Pesticide and Plant Pest Management Division, Attention: Export and Compliance Specialist at (517) 284-5648. As an alternative, scanned copies may be sent via email to bryanm@michigan.gov. A copy shall accompany the regulated articles to their final destination. Persons in Michigan receiving regulated articles from the regulated area may not sell or further distribute the regulated articles unless a written release is issued to the consignee by the Michigan Department of Agriculture and Rural Development.
3) Regulated articles originating from states outside a regulated area must be accompanied by a standard nursery inspection certificate, state phytosanitary certificate or certificate of quarantine compliance indicating the state and county of origin and quantity of regulated articles.
EMERALD ASH BORER QUARANTINE
PEST: Emerald Ash Borer, Agrilus planipennis
STATES FEDERALLY REGULATED IN WHOLE: CT, IA, IL, IN, KY, MA, MO, NJ OH, PA, VA and WV. STATES FEDERALLY REGULATED IN PART: AR, CO, GA, KS, MD, MI, MN, NC, NH, NY, TN and WI.

Michigan’s EAB Interior Quarantine consists of all counties in the Lower Peninsula plus all of Alger, Chippewa, Delta, Houghton, Keweenaw, Luce, Mackinac and Schoolcraft Counties. See www.michigan.gov/eab for up-to-date EAB quarantine information.


REGULATED ARTICLES:

The emerald ash borer in any living stage of development. Entire ash (Fraxinus spp.) trees; ash limbs and branches; ash stumps; ash logs with bark; ash lumber with bark.

Non-coniferous (hardwood) wood chips and non-coniferous (hardwood) bark chips larger than 1 inch in two dimensions; firewood of any non-coniferous (hardwood) species; and, any article, product, or means of conveyance when it is determined by the Michigan Department of Agriculture and Rural Development to present the risk of spread of the emerald ash borer.
RESTRICTIONS: Within Michigan the movement of regulated articles out of quarantine areas is prohibited except with a compliance agreement. The sale and/or movement of all ash nursery stock within, out of or into Michigan is prohibited under all conditions. Ash wood material, including ash lumber, used in the State of Michigan for the manufacture of pallets and wood crating must be bark free.

HEMLOCK WOOLLY ADELGID QUARANTINE

PESTS: Hemlock woolly adelgid, Adelges tsugae


STATES REGULATED: AK, CA, CT, DE, GA, KY, MA, MD, ME, NC, NH, NJ, NY, OH, OR, PA, RI, SC, TN, VA, WA, WV and any other areas where hemlock woolly adelgid is found to be established.
MATERIALS REGULATED: Hemlock nursery stock and hemlock logs with bark
RESTRICTIONS: Official surveys are now a condition of entry for hemlock originating from non-infested counties in regulated states. Surrounding counties as well as the county of origin must have been found free of hemlock woolly adelgid based on an official survey conducted within the past three years. Hemlock from infested counties is prohibited entry into Michigan.
Hemlock shipped from non-infested counties in both regulated and non-regulated states is only allowed under the following conditions: (1) A state agriculture inspector must have inspected the hemlock and found it free of pests; (2) The shipment must have been protected during any transiting of infested areas; (3) The trees must not have been co-mingled with hemlock from an infested area; (4) A state phytosanitary certificate or certificate of quarantine compliance must accompany the shipment.
Additional declarations are required on the certificate as described in the HWA Quarantine posted on the Michigan Department of Agriculture and Rural Development web site at http://www.michigan.gov/pestquarantines

A copy of the certificate must be faxed to the Michigan Department of Agriculture and Rural Development, Pesticide and Plant Pest Management Division, Attention: Export and Compliance Program Specialist at (517) 335-4540. As an alternative, scanned copies may be sent via email to bryanm@michigan.gov


All hemlock trees received from out-of-state are required to be held by the receiving firm until released by the Michigan Department of Agriculture and Rural Development, unless the firm is operating under a compliance agreement with the Department. Imported hemlock from other states will be released only after it is determined that they meet quarantine requirements.

THOUSAND CANKERS DISEASE OF WALNUT QUARANTINE
PESTS: The walnut twig beetle, Pityophthorus juglandis and the fungal pathogen Geosmithia morbida sp. nov.
STATES REGULATED: AZ, CA, CO, ID, NV, NM, OH, OR, TN, WA, UT and any other areas where Thousand Cankers Disease of Walnut may become established.
MATERIALS REGULATED: The walnut twig beetle Pityophthorus juglandis, in any living stage of development; the fungal pathogen Geosmithia morbida sp. nov.; firewood of any non-coniferous (hardwood) species; and, all plants and plant parts of the genus Juglans including but not limited to nursery stock, budwood, scionwood, green lumber, logs, stumps, roots, branches, and chips. Specific exceptions are: nuts, nut meats, hulls, processed lumber (100% bark-free, kiln-dried with squared edges), and finished wood products without bark, including walnut furniture, instruments and gun stocks.
RESTRICTIONS: All regulated articles originating from regulated states are prohibited entry into the State of Michigan. Regulated articles originating from a state outside a regulated area but transiting through a regulated area will be considered to be regulated articles. Regulated articles to be used for research purposes, at the discretion of the Director, may move under a compliance agreement.
Regulated articles originating from states outside a regulated area must be accompanied by documents indicating the state of origin.
WHITE PINE BLISTER RUST ACT 313
PESTS: White pine blister rust fungus, Cronartium ribicola
STATES REGULATED: All
MATERIALS REGULATED: Roots, cuttings or plants of currants and gooseberries, Ribes spp.
RESTRICTIONS: Sale of black currant, Ribes nigrum, roots, cuttings, or plants is prohibited statewide. Sales of other currant species and gooseberries are also regulated for counties in the white pine blister rust control area – see map on the MDARD web site at www.michigan.gov/pestquarantines . Rust-resistant Ribes varieties may be obtained under special permit if approved by Michigan Department of Agriculture and Rural Development. Applications for Ribes permits may be obtained from MDARD by contacting Mike Bryan, Export and Compliance Program Specialist at (517) 284-5648; email bryanm@michigan.gov .

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"X" DISEASE OF PEACH REGULATION 612


PESTS: "X" Disease of Peach (Yellow Red Virosis)

STATES REGULATED: All



MATERIALS REGULATED: Chokecherry (Prunus virginiana), including ornamental cultivars, such as “Schubert” and “Canada Red”

RESTRICTIONS: Regulated materials are prohibited from being grown or sold within 1,000 feet of peach or cherry nursery stock; or within 500 feet of peach or cherry orchards


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