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FACT
SHEETS>PEST MANAGEMENT>STATE AND FEDERAL REGULATIONS GOVERNING PLANT
PESTS IN MASSACHUSETTS
State and federal regulations
governing plant pests in Massachusetts
The Massachusetts Introduced Pests Outreach Project
In order to protect the plant industries and agriculture from the introduction
of new pests, new regulations are formulated when needed. However, more
than regulations are required to keep new pests from establishing in Massachusetts.
Grower education about potential pests that could show up in fields or
greenhouses is an important supplement to yearly nursery inspections.
The Massachusetts Department of Agricultural Resources and UMass Extension
Agriculture and Landscape Program are currently collaborating on the Massachusetts
Introduced Pests Outreach Project to help prevent new pests from establishing
in Massachusetts. The project will provide presentations at conferences
and a website that includes
fact sheets, online reporting, and email pest alerts to inform growers
about new pests. Early detection and cooperative actions between growers
and state and federal agencies will aid in preventing new pests from establishing
in Massachusetts. Containment and eradication efforts when a new pest
is found in the state will help to protect plant industries.
State and Federal Laws and Regulations
Plant pests and noxious weeds are regulated both at the state and federal
level. The Massachusetts General Laws Chapter 128, the Plant Protection
Act of 2000, the Agricultural Bioterrorism Prevention Act of 2002, and
the Code of Federal Regulations Title 7 Chapter 3 (Animal and Plant Health
Inspection Services) all contain regulations to protect plant and agricultural
industries from the threat of insects, pathogens, and noxious weeds. Many
of the laws and regulations, as well as information about the pests these
laws regulate, are available to the public on government websites. Website
information is included in the references section of this article.
Rules and regulations of the federal government are primarily to govern
imports from other countries and interstate movement of plants (except
under the Bioterrorism Act). However, movement of plant pests, pathogens
and noxious weeds within the state of Massachusetts are governed by Massachusetts
General Laws Chapter 128. The following is a summary of the state laws
as they currently stand:
Sections 16 and 24 give the Director of Regulatory Services and his assistants
the right to enter public and private property to inspect for noxious
weeds, insect pests, and plant diseases that are "likely to cause loss
to adjoining owners". The Director has the authority to prescribe a method
of treatment to abate a pest found on any property and a deadline to complete
that treatment. If a landowner objects to the proposed action, the landowner
has the right to file a written appeal. If the appeal is denied by the
Commissioner of the Department of Agricultural Resources or no appeal
is made, the landowner is responsible for carrying out the prescribed
treatment. If the landowner refuses to carry out the treatment, the state
can conduct the treatment and charge the landowner for the cost of treatment.
In Massachusetts the Director of Regulatory Services is Brad Mitchell,
Department of Agricultural Resources, 251 Causeway Street, Suite 500,
Boston, MA, 02114, (617) 626-1771.
Section 31 of Massachusetts law allows the Director to issue an order
prohibiting the transport of "any specified tree, plants, shrubs, or other
vegetable growths or products" with the approval of the Commissioner which
have an insect pest or disease that is likely "to spread to other parts
of the Commonwealth or to other states". Before issuing this order the
Director must hold a public hearing and advertise the order in a newspaper
that circulates in the town(s) where the order will be in effect. Emergency
provisions allow for an order to put in place prior to the hearing in
the event of an emergency.
Important Greenhouse Pathogens
Puccinia horiana (causal agent of chrysanthemum white rust), Ralstonia
solanacearum, Race 3, Biovar 2 (causal agent of bacterial wilt in
geraniums), and Puccinia hemerocallidis (causal agent of daylily
rust) are three important pathogens affecting the horticulture industry
that are governed by different levels of regulation.
Chrysanthemum White Rust
Chrysanthemum white rust (Puccinia horiana) is a serious fungal
disease of chrysanthemum. This disease was first described in Japan in
1895 and was confined to China and Japan until the 1960s. Today it is
established in Europe, Africa, Australia, Central America, South America,
and the Far East. White rust can spread quickly in greenhouse and nursery
environments causing severe crop losses. Local outbreaks of chrysanthemum
white rust have occurred in North America and have subsequently been eradicated.
Eradication of this pathogen is feasible because P. horiana has
a limited host range, requires green host tissue, and is a poor disperser.
For photos and information on white rust, see the websites, http://www.aphis.usda.gov/ppq/ispm/cwr/
and http://www.agf.gov.bc.ca/cropprot/cwrust.htm.
Chrysanthemum white rust is an example of a quarantine pest of significance
in the United States and requires appropriate quarantine action when found.
Bacterial Wilt Bacterial wilt
Bacterial wilt (Ralstonia solanacearum, race 3, biovar 2) has received
more attention since it was added to a list of biological agents and toxins
under the Agricultural Bioterrorism Protection Act of 2002. Why is the
causal agent of bacterial wilt in geraniums on a list of potential bioterrorist
agents? In addition to causing bacterial wilt in geraniums, R. solanacearum
affects a large number of solanaceous crops important to U.S. agriculture
including potato, tobacco, tomato, and peppers. There are different strains
of Ralstonia solanacearum. R. solanacearum race 1 is well
established in the southern U.S. but cannot survive in the northern portions
of the U.S. R. solanacearum, race 3, biovar 2 is a cold tolerant
strain not present in the U.S. that could survive winters in major potato
producing regions. If this disease became widespread, the economic impacts
on agriculture and risk to food security would be significant. R. solanacearum
occurred in Massachusetts in 1999 in geraniums and was eradicated. In
2003, growers in Massachusetts purchased plants from greenhouses in other
states that contained plants infected with the disease. As a result, greenhouses
in Massachusetts were quarantined until plants were given a clean bill
of health by Federal and State Inspectors. R. solanacearum, race
3, biovar 2 was not diagnosed in Massachusetts in 2003 but the strain
(race 3, biovar 2) was confirmed in the greenhouses of suppliers.
R. solanacearum is extremely difficult to eradicate because it
has a common alternative host, climbing or bittersweet nightshade (Solanum
dulcamara), that is asymptomatic. Also, this bacterium can survive
in water and be transported along waterways or through irrigation systems.
For photos and information on Ralstonia solanacearum, race 3, biovar
2, see the website http://www.aphis.usda.gov/ppq/ep/ralstonia/.
On May 23, 2003, the USDA published a rule to amend its regulations. The
rule requires all articles of Pelargonium spp. (geraniums) and
Solanum spp. (potatoes, eggplants, nightshade, shrubs, and other
garden plants) that are imported to the United States possess a phytosanitary
certificate. This certificate states that plants are produced in a facility
free from Ralstonia solanacearum, race 3, biovar 2 or that the
plants originate in a region free from Ralstonia. The intent of
this new rule is to prevent the introduction of race 3 into the United
States.
Daylily Rust
Daylily rust (Puccinia hemerocallidis) was a quarantine pest, but
has been recently deregulated at a national level. This disease was first
detected in four states in the southeastern United States in 2000. As
of January 2003, it was present in a total of 24 states. This year several
cases have been reported in Massachusetts. Once a pest has been deregulated
the state has no reason to take action to limit its spread through quarantine
or other regulatory measure. A daylily rust fact sheet published on the
UMass Floriculture website details how to detect, treat, and limit the
spread of this disease. Excluding daylily rust from the U.S. failed for
several reasons. Detection at ports of entry is difficult if foliage has
been removed, few states had effective quarantine and treatment measures
in place, and airborne spores require a short incubation time.
Other Important Pests
New regulations, such as the Agricultural Bioterrorism Act and new regulations
regarding geranium imports, bring attention to the important issue of
exotic pest introductions to United States which have been escalating
with the increase in international trade and transport. At least three
of the ten agents listed as threats to agriculture have accidentally been
introduced to North America in the past ten years. These agents are Plum
pox potyvirus (infects stone fruits), Ralstonia solanacearum, race
3, biovar 2 (causal agent of bacterial wilt of geranium and solanaceous
species), and Synchytrium endobioticum (a fungus-causing potato
wart in potatoes).
In addition to the diseases chrysanthemum white rust (Puccinia horiana)
and bacterial wilt (Ralstonia solanacearum, race 3, biovar 2),
growers should watch for Inula britannica (British elecampene or
Meadow fleabane) , a perennial weed recently detected on hostas imported
from the Netherlands. I.britannica is a perennial aster with showy,
yellow flowerheads about an inch in diameter that occur singly or in clusters
of two or three. Information on this weed is available from the website
http://www.aphis.usda.gov/npb/inuladetail.html.
For more information on introduced pests visit the Massachusetts Introduced
Pests Outreach Project webpage at http://www.massnrc.org/pests.
For disease diagnosis of greenhouse floriculture crops, growers should
contact: Dr. Rob Wick, Dept. of Microbiology, University of Massachusetts,
Amherst, (413) 545-1045, rwick@pltpath.umass.edu.
If Pests Are Found
If growers have plants with any of these pests, they should contact Brad
Mitchell, Director of Regulatory Services, Department of Agricultural
Resources (617) 626-1771. The Director will work with the grower to follow
proper procedures in order to prevent further movement of the pest.
References:
"Agricultural Bioterrorism Protection Act of 2002." Federal Register.Vol.
67, No. 240, December 13, 2002 http://www.aphis.usda.gov/vs/ncie/pdf/btarule.pdf
Agricultural Risk Protection Act of 2000- Public Law 106-224 June 20,
2000 Title IV- Plant Protection Act http://www.aphis.usda.gov/ppq/weeds/PPAText.PDF
APHIS Pest Detection and Management Programs Chrysanthemum White Rust
http://www.aphis.usda.gov/ppq/ispm/cwr/
Code of Federal Regulations
http://www.gpoaccess.gov/cfr/index.html
Massachusetts General Law. Chapter 128 Agriculture
http://www.state.ma.us/legis/laws/mgl/
National Plant Board. Daylily Rust Pest Alert
http://www.aphis.usda.gov/npb/daylily.html
Rizvi, S.A, Elliston, R.J, and P.D. Bell. 2002. Chrysanthemum white
rust: A national management plan for exclusion and eradication. APHIS-PPQ
Pest Detection and Management Program. http://www.aphis.usda.gov/ppq/ispm/cwr/cwrplan.pdf
USDA-APHIS. Regulated Pest List
http://www.aphis.usda.gov/ppq/regpestlist/
UMass Daylily Rust Fact Sheet
http://www.umass.edu/umext/floriculture/fact_sheets/pest_management/daylily_rust.htm
UMass Southern Bacterial Wilt Fact Sheet
http://www.umass.edu/umext/floriculture/fact_sheets/pest_management/south_bact_wlt.html
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Prepared by:
Julie Callahan
Mssachusetts Introduced Pests Outreach Project
Department of Entomology
University of Massachusetts
Amherst
1/04
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