2VAC5-335 Virginia Emerald Ash Borer Quarantine for Enforcement of the Virginia Pest Law

REGULATIONS

Vol. 29 Iss. 10 - January 14, 2013

TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Chapter 335

Final Regulation

REGISTRAR'S NOTICE: The Board of Agriculture and Consumer Services is claiming an exemption from the Administrative Process Act in accordance with § 3.2-703 of the Code of Virginia, which exempts quarantine to prevent or retard the spread of a pest into, within, or from the Commonwealth.

Title of Regulation: 2VAC5-335. Virginia Emerald Ash Borer Quarantine for Enforcement of the Virginia Pest Law (repealing 2VAC5-335-10 through 2VAC5-335-130).

Statutory Authority: § 3.2-703 of the Code of Virginia.

Effective Date: December 28, 2012.

Agency Contact: Erin Williams, Policy and Planning Coordinator, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], TTY (800) 828-1120, or email [e-mail].

Summary:

This action repeals 2VAC5-335, Virginia Emerald Ash Borer Quarantine for Enforcement of the Virginia Pest Law. The entire Commonwealth has been under state quarantine since July 2012 when the Commissioner of Agriculture and Consumer Services expanded the quarantine after the detection of the emerald ash borer in new localities. The detections in the additional localities indicated that the quarantine was no longer effective in preventing the artificial spread of the emerald ash borer within Virginia. In August 2012 the United States Department of Agriculture expanded the federal Emerald Ash Borer quarantine (7 CFR 301.53) to include the entire Commonwealth. Given that a federal statewide quarantine is already in place, a state-issued quarantine is redundant and no longer necessary.

VA.R. Doc. No. R13-3487; Filed December 28, 2012, 12:11 p.m.