Code of Vermont Rules
Agency 12 - AGENCY OF NATURAL RESOURCES
Sub-Agency 020 - DEPARTMENT OF FORESTS, PARKS AND RECREATION
Chapter 005 - VERMONT JOINT QUARANTINE NO. 1 (SCLERODERRIS CANKER)
Section 12 020 005 - VERMONT JOINT QUARANTINE NO. 1 (SCLERODERRIS CANKER)

Universal Citation: VT Code of Rules 12 020 005

Current through February, 2024

Section I

Definitions For the purpose of these regulations, the following words, names, and terms shall be construed, respectively to mean:

(a) Scleroderris canker. The disease known as Scleroderris canker, caused by the fungus Gremmeniella abietina (Lagerb.) Morelet (Scleroderris lagerbergii Gremmen) in any stage of development.

(b) Infection. Refers to the presence of Scleroderris canker.

(c) Inspector. An inspector of the Vermont State Department of Agriculture, Vermont State Department of Forests, Parks, and Recreation, or of the United States Department of Agriculture, when authorized by the Commissioner to act in that capacity.

(d) Moved, movement. Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, carried, transported, moved, or allowed to be moved from the quarantined area into or through any other portions of the State.

(e) Certificate. A valid form certifying the eligibility of products for movement outside of the quarantined area under the requirement of these regulations.

(f) Limited permit. A valid form authorizing the movement of regulated article from a quarantined area to a specified destination for specific processing, handling, or utilization.

(g) Commissioner. The Commissioner of Agriculture and the Commissioner of Forests, Parks, and Recreation of the State of Vermont.

(h) Deregulation, deregulated. The removal of quarantine restrictions from regulated articles or quarantined areas due to satisfactory control measures to arrest or eradicate the disease.

(i) Premise quarantine. A limited action taken by the Commissioner to immediately place under regulation any field, tree, or plantation found to be infected with Scleroderris canker.

Section II Quarantined areas

The following counties or towns, or parts thereof, of the State of Vermont are declared to be quarantined areas:

(a) The towns of:

ADDISON COUNTY

LAMOILLE COUNTY

WASHINGTON COUNTY

Ripton

Belvidere

Barre

Starksboro

Cambridge

Berlin

Eden

Cabot

CALEDONIA COUNTY

Elmore

Calais

Barnet

Hyde Park

Duxbury

Burke

Johnson

East Montpelier

Danville

Morristown

Marshfield

Groton

Stowe

Middlesex

Hardwick

Waterville

Montpelier City

Kirby

Woloott

Moretown

Lyndon

Northfield

Newark

ORANGE COUNTY

Plainfield

Peacham

Brookfield

Roxbury

St. Johnsbury

Chelsea

Waterbury

Sheffield

Orange

Woodbury

Stannard

Washington

Worcestor

Sutton

Williamstown

Walden

Wheelock

ORLEANS COUNTY

Albany

CHITTENDEN COUNTY

Barton

Essex

Brownington

Milton

Charleston

Underhill

Craftsbury

Westford

Glover

Greensboro

ESSEX COUNTY

Irasburg

Brighton

Lowell

Maidstone

Morgan

Troy

FRANKLIN COUNTY

Westfield

Bakersfield

Westmore

Berkshire

Enosburg Falls

Fairfax

Montgomery

Richford

(b) Upon discovery of new infections in unregulated towns, the Commissioner may issue written orders establishing premise quarantines for articles regulated by the quarantine.

Section III Regulated articles

(a) Prohibited movement. The movement in this State of Scleroderris canker in any stage of development, whether moved independent of or in connection with any other article, is prohibited, except as provided in Section IV hereof.

(b) Regulated movement. The following articles shall not be removed from a quarantined area except under a limited permit or unless accompanied by a certificate indicating freedom from infection:
(1) Nursery stock, Christmas trees, wreaths, branches, twigs, or parts thereof except logs and pulpwood, of any species of Pinus which are grown in any forest, field, nursery, or greenhouse.

(2) Any other commodity or article when found on inspection to be infected with Scleroderris canker in any of its stages.

Section IV Conditions governing the issuance of certificates and permits

(a) Certificates. Certificates may be issued by an inspector for the movement of regulated articles under one or more of the following conditions:
(1) When they have been inspected and found apparently free from infection;

(2) When they have been treated or processed by methods approved by the Commissioner; or

(3) When they have been grown, produced, manufactured, stored or handled in such a manner that, in the judgment of the inspector, they have not been exposed to infection or if no infection would be transmitted by the shipment thereof: provided that subsequent to certification the regulated articles will be loaded, handled, and shipped under such protection and safeguards against re-infection as are required by the inspector.

(b) Limited permits. Limited permits may be issued for the movement of non-certified regulated articles to specified destinations for specified processing, handling, or utilization. Persons shipping, transporting, or receiving such articles may be required to enter into written dealer-carrier agreements to maintain such sanitation safeguards against the establishment and spread of infection and to comply with such conditions as to the maintenance of identity, handling, processing, or subsequent movement of regulated products as may be required by the inspector. Failure to comply with conditions of the agreement will result in its cancellation.

(c) Cancellation of certificates or limited permits. Certificates or limited permits issued under these regulations may be withdrawn or canceled by the inspector and further certifications refused whenever in his judgment the further use of such certificates or permits might result in the dissemination of infection.

(d) Removal of quarantine restrictions. Upon completion of control measures found to be acceptable to the Commissioner, certain items or areas may be deregulated by the Commissioner. Such deregulations shall be based on the absence of Scleroderris canker from the articles or areas, and the reduced probability that movement or materials will constitute further dissemination of the disease

Section V Inspection and disposition of shipments

Any car or other conveyance, any package or other container, and any article to be moved, which is moving or which has been moved from the quarantined area, which contains, or which the inspector has probable cause to believe may contain infection, or articles regulated under this quarantine, may be examined by an inspector at any time or place. When articles are found to be moving or to have been moved in violation of these regulations, the inspector may take such action as he deems necessary to eliminate the danger of dissemination of infection.

Section VI Marking requirements

Every container of regulated articles intended for movement from the quarantined areas shall be plainly marked with the name and address of the consignor and the name and address of the consignee, when offered for shipment, and shall have securely attached to the outside thereof a valid certificate or limited permit issued in compliance with these regulations: provided, that

(1) One certificate may be attached to one of the containers and another to the waybill; and for carlot freight or express shipment, either in containers or in bulk, a certificate need be attached to the waybill only and a placard to the outside of the car, showing the number of the certificate accompanying the waybill;

(2) For movement by road vehicle, the certificate shall accompany the vehicle and be surrendered to consignee upon delivery or shipment;

(3) For movement of regulated material by personal vehicle, the certificate number shall appear on the bill of sale.

Section VII Shipments for experimental and scientific purposes

Regulated articles may be moved from the quarantined area for experimental or scientific purposes, on such conditions and under such safeguards as may be approved by the Commissioner. The container of articles so moved shall bear, securely attached to the outside thereof, a certificate showing compliance with such conditions.

Section VIII Statement of origin of regulated articles

Every person selling, or delivering, or attempting to sell, or deliver or ship regulated articles as defined in Section III hereof, in this State, shall accompany each such load, bundle, package, or shipment of the same with legible written statement of origin which shall contain the address of the lands on which such regulated articles were grown, obtained, or cut; the name and address of the consignor.

This quarantine shall become effective

APPROVED AS TO FORM:

Ron Allbee

Commissioner of Agriculture

....

Attorney General's Office

Mollie Beattie

Commissioner of Forests, Parks & Recreation

....

Madeleine M. Kunin

Governor of Vermont

Disclaimer: These regulations may not be the most recent version. Vermont may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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