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Home > Plants, Pests & Pest Control > Pest Management > Emerald Ash Borer Program > EAB Compliance Agreement Guide for Regulated Articles > Compliance Agreements for EAB

Compliance Agreements for the Emerald Ash Borer Quarantine


GUIDANCE DOCUMENT 3

Emerald ash borer (EAB) was identified in Minnesota in May, 2009. It is a serious pest that has killed tens of millions of ash trees in the USA, causing significant damage and economic costs. For this reason, EAB is considered a regulated pest that involves both restrictions at both the state and federal levels.

A plant pest quarantine for EAB has been established in Minnesota by the Minnesota Department of Agriculture (MDA) and its federal counterpart, USDA Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ). For the most current quarantine area, please check the quarantine area map at http://gis.mda.state.mn.us/maps/eab.htm

No regulated articles are legally allowed to be transferred outside of a quarantine area (untreated or treated) unless they are accompanied by a MDA Certificate or Limited Permit. Certificates and Limited Permits are only available when a Compliance Agreement (CA) is signed between the Minnesota Department of Agriculture and the entity (company, city, county, agency, or organization) that is interested in moving the regulated article.

Compliance Agreement

The purpose of a Compliance Agreement is to bring a person or firm into full compliance with the applicable requirements for handling regulated articles. Businesses involved in processing, wholesaling, retailing, shipping, carrying, or other similar actions will usually handle a regulated article in a manner that requires a Compliance Agreement.

The Compliance Agreement provides a written and signed agreement between a business handling regulated articles and the MDA if shipments are made only within the state (intrastate), or both the MDA and APHIS PPQ if the shipments are made outside of the state (interstate). The Compliance Agreement confirms the person or firm’s understanding of the methods, conditions, and procedures necessary for compliance with quarantine regulations.

Agency staff will offer instruction on Compliance Agreement requirements, discuss with the facility owners or managers the methods of treatment, and help to document facility-specific procedures to meet the final requirements. In addition, if facility staff training is needed, agency staff may be able to provide the training. This possibility should be negotiated during these discussions.

Every Compliance Agreement for the EAB quarantine consists of the signed standard Compliance Agreement, and two attachments: 1) Standard Operating Procedures, and 2) Certificate or Limited Permit.

Signed Standard Compliance Agreement

In most cases, both MDA and APHIS PPQ can use a federal form called “PPQ Form 519, Compliance Agreement” as the general and standard Compliance Agreement form for all businesses handling regulated articles. In some cases, MDA may issue a separate form based on the state law requirements for enforcement. In either case, the Compliance Agreement form lays out the standard requirements for moving a regulated article out of the quarantine safely, and consists of the following information:

  1. Name and mailing address of the person or firm entering into the Compliance Agreement with the MDA, or joint MDA and APHIS PPQ.
  2. Location of specific property for which the agreement is signed, if different from the mailing address.
  3. Type of regulated article that the person or firm will be handling. Regulated articles for EAB include: emerald ash borer (Agrilus planipennis) itself, ash trees (Fraxinus sp.), ash limbs and branches, ash stumps and roots, ash logs, ash lumber, ash chips and ash bark chips, and firewood of any hardwood (non-coniferous) species.
  4. Applicable state and federal regulations to ensure that the treatment will mitigate the risk of spread for EAB. In the case of EAB, these concern intrastate (or within the state) movement for Minnesota regulations and interstate (or between state) movement for federal regulations.
  5. Signature of responsible official of the business, title of same, and date signed. The business signature is needed before the agency signature(s). Two copies of the Compliance Agreement will require signing if the agreement is between MDA and the business. Three copies will require signing if the agreement is between APHIS PPQ, MDA and the business.
  6. Signature of MDA State Plant Regulatory Official or official designee, title of same, and date signed.
  7. If involved in the agreement, signature of APHIS PPQ State Plant Health Director or official designee, title of same, and date signed.

Routine inspections by agency officials must be carried out prior to sale of treated regulated articles, or whenever a malfunction or alteration in the facility system warrants a certification inspection. Certification will be granted by agency officials on the basis of the ability of the facility to meet treatment requirements and pass the certification tests, in addition to the extent of the facility’s export safeguards to prevent reinfestation of treated wood and safety conditions.

For more information on the Standard Operating Procedures and the Certificate, please see Guidance Documents 4 and 5.