Section I: Declaration of Quarantine
Whereas, the Commissioner of the Minnesota Department of Agriculture, having found that an exotic pest known as the gypsy moth (Lymantria dispar (Linneaus)), has been detected in Minnesota and has a limited distribution at this time; and
Whereas, the gypsy moth has the potential to weaken or kill host trees, in infested counties, cities, and townships; and
Whereas, trees of many host species are a valuable resource for the tourism, nursery, landscaping, and timber industries in Minnesota; and
Whereas, Minnesota's urban and rural forest environments are susceptible to gypsy moth infestation and defoliation; and
Whereas, the United States Department of Agriculture, Animal and Plant Health Inspection Service ("APHIS") will order an interstate commerce quarantine that parallels this quarantine; and
Whereas, APHIS will quarantine less than an entire state of Minnesota only if Minnesota adopts and enforces restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by the APHIS interstate quarantine; and
Whereas, this quarantine is consistent with and does not exceed the APHIS quarantine insofar as it affects interstate commerce;
Now, therefore, the Commissioner of the Minnesota Department of Agriculture by the authority of Minnesota Statutes Section 18G.06 (2012) declares this quarantine to prevent the further spread of this pest and sets forth: definitions, regulated articles, quarantined areas, conditions of movement, violations and penalties, and special exemptions. This quarantine shall become effective immediately and will remain in effect until withdrawn or superseded. This quarantine supersedes the Formal Quarantine imposed on July 1, 2014.
Section II: Definitions
"Associated equipment" means articles associated and moved with mobile homes and recreational vehicles, such as, but not limited to, awnings, tents, outdoor furniture, trailer blocks, and trailer skirts.
"Accurate Statement" means s signed document containing the following information: Applicable Federal quarantine (7 CFR 301.45),Date of inspection, Destination of Regulated Articles, Location of inspection site, Mailing address of inspector, Name of inspector, Signature of inspector, Type and quantity of Regulated Article(s).
"Bark" means the tough outer covering of the woody stems of trees, shrubs, and other woody plants as distinguished from the cambium and inner wood.
"Bark products" means products containing pieces of bark including bark chips, bark nuggets, bark mulch, and bark compost.
"Certificate" means an approved form, stamp, or document authorized, issued, and signed by the Commissioner, an APHIS employee, a person operating in accordance with a compliance agreement, or designee that represents that movement or use of a regulated article complies with this quarantine, the APHIS quarantine and other legal requirements.
"Commissioner" means the Commissioner of the Minnesota Department of Agriculture or his designee.
"Compliance agreement" means a written agreement between a person engaged in growing, handling, moving or receiving regulated articles, and the Commissioner, and/or APHIS to achieve compliance with this quarantine and the APHIS quarantine.
"Gypsy Moth" ("GM") means the insect known as gypsy moth, Lymantria dispar L., in any stage of development.
"Firewood" means wood cut to lengths less than four feet long. This includes firewood cut for personal use.
"Inspector" means an employee of APHIS or the Minnesota Department of Agriculture authorized in accordance with the law to enforce the provisions of this quarantine and regulations in this subpart. A person operating under a compliance agreement is not an inspector.
"Interstate" means from any State into or through any other State. "Intrastate" means existing or occurring within the boundaries of Minnesota.
"Limited permit" means a document in which the commissioner, an inspector, or a person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for intrastate or interstate movement only to the specified destination and only in accordance with the specified conditions.
"Log" means tree parts cut into lengths four feet or longer.
"Manual" refers to the provisions currently contained in the Gypsy Moth Program Manual (PDF).
"Minnesota" means the State of Minnesota.
"Mobile home" means any vehicle or trailer, other than a recreational vehicle, designed to serve, when parked, as a dwelling or place of business.
"Move" ("moved", "movement") means shipped, transported, carried; held or offered for shipment, transport or carriage; received for shipment, transport or carriage; or allowed to be shipped, transported or carried.
"Outdoor household articles" means articles associated with a household that have been kept outside the home such as awnings, barbecue grills, bicycles, boats, dog houses, firewood, garden tools, hauling trailers, outdoor furniture and toys, recreational vehicles and associated equipment, and tents.
"OHA document" means the self-inspection checklist portion of USDA-APHIS Program Aid Number 2065, "Your Next Move Gypsy Moth-Free," (or similar issued by MDA) completed and signed by the owner of an outdoor household article (OHA) affirming that the owner has inspected the OHA for life stages of gypsy moth in accordance with the procedures in the program aid.
"Person" means any individual, partnership, corporation, company, society, association, firm, governmental entity, legal entity or other organized group.
"Quarantined Area" means any portion of Minnesota listed in Section IV of this quarantine.
"Receiving Facility" means any mill, incinerator, or other facility that receives a regulated article for processing.
"Recreational vehicles" means highway vehicles, including pickup truck campers, one-piece motor homes, and travel trailers, designed to serve as temporary places of dwelling.
"Regulated Article" means any article listed under Section Ill of this quarantine.
"State" means the District of Columbia, Puerto Rico, the Northern Mariana Islands, or any state, territory, or possession of the United States.
"Transit" ("transiting") means movement through an area.
Section III: Regulated Articles
A) Regulated articles are as follows:
1) The gypsy moth, Lymantria dispar L., in any stage of development (egg, larva, pupa, adult).
2) Regulated articles:
a. Trees without roots (e.g., Christmas trees), trees with roots, and shrubs with roots and persistent woody stems, unless they are greenhouse grown throughout the year.
b. Logs, pulpwood, and bark and bark products
c. Mobile homes and associated equipment.
d. Any other products, articles, or means of conveyance, of any character whatsoever, when it is determined by an inspector that any life stage of gypsy moth is in proximity to such articles and the articles present a high risk of artificial spread of gypsy moth infestation and the person in possession thereof has been so notified.
Section IV: Quarantined Areas
A) The following are designated as quarantined areas in Minnesota:
1) Cook County
2) Lake County
B) The Commissioner may designate additional quarantined areas based upon future confirmation of the presence of the gypsy moth. Such designations or changes will become effective upon the posting of notification on the Minnesota Department of Agriculture gypsy moth website and in the printed listing available upon request through the Minnesota Department of Agriculture Plant Protection Division, 625 N. Robert St., St. Paul, MN 55155, 1-888-545-6684 or Arrest.the.Pest@state.mn.us. In addition, notification will be made according to the requirements in Minnesota Statutes Section 18G.06, subd. 3(c).
Section V: Restrictions on Regulated Articles
A) Regulated articles and outdoor household articles from generally infested areas shall not be moved intrastate or interstate from any regulated area into or through any area that is not generally infested unless a certificate or permit has been issued and attached to such regulated article. Requirements under all other applicable State and Federal domestic plant quarantines must also be met.
B) Use of Regulated Articles in a Quarantined Area
1) No restrictions.
C) Movement of Regulated Articles Within A Quarantined Area
1) No restrictions
D)Movement of Regulated Articles from a Quarantined Area to a Non-Quarantined Area
1) The movement of regulated articles from any quarantined area to any non-quarantined area is prohibited, except under conditions a. or b. below.
a. The regulated article shall have been inspected, treated, or subjected to special handling under a Compliance Agreement, held by an establishment within the quarantine area and a Certificate must be issued. The point of origin shall be indicated on the bill of lading or other shipping documents. The Certificate shall be attached to or associated with the regulated articles and shall remain on/with the regulated articles until such articles reach their final destination. The Certificate shall be given to the recipient at the destination of the shipment and shall be retained with the shipping documents.
i. Logs, or bark for mulch and bark products may be moved intrastate from a regulated area without a certificate if the person moving the article has attached a signed accurate statement to the shipping documents accompanying the article stating that he or she has inspected the article in accordance with the Gypsy Moth Program Manual no more than 5 days prior to the date of movement and has found no life stages of gypsy moth on the article.
ii. Pulpwood may be moved intrastate from a regulated area without a certificate if the person moving the article has attached a signed limited permit or other approved documentation to the shipping documents accompanying the article.
iii. Bark for use as fuel may be moved intrastate from a regulated area without a certificate if the person moving the article has attached a signed limited permit or other approved documentation, safeguards the product in storage and transit.
b. An outdoor household article shall not be moved intrastate from any generally infested area into or through any area that is not generally infested unless a certificate or OHA document has been issued and attached to such outdoor household article.
E) Movement of Regulated Articles from a Non-Quarantined Area Transiting or Traveling Through a Quarantined Area into a Non-Quarantined Area
1) The transit of regulated articles originating from a non-quarantined area, through a quarantined area, to a non-quarantined area is allowed without a permit or certificate if conditions a, b, and c are met.
a. The point of origin of the article is clearly indicated by the shipping documents
b. Its identity has been maintained
c. It has been safeguarded against infestation while in any generally infested area during the months of May through September.
F) Movement of Regulated Articles from a Non-Quarantined Area into a Quarantined Area
1) Regulated articles may move from a non-quarantined area into a quarantined area. Once an article has entered a quarantined area it is subject to the same restrictions as an article that originated from the quarantined area.
2) Removal of Regulated Articles from Unauthorized Areas.
a. Any regulated articles moved in violation of this quarantine shall be removed to a permitted area within 24 hours of discovery or shall be subject to destruction under the direction of the Commissioner and at the expense of the owner or owners.
a. All regulated articles originating from the quarantined area that are moved within Minnesota or that have been moved within Minnesota must be accompanied by certifications and/or shipping documents showing the movement was in accordance with this quarantine. Such documents must be shown to the Commissioner or any APHIS employee when requested.
Section VI: Penalties
A) Any person violating these quarantine regulations is subject to the civil penalties up to $7,500.00 per day of violation or misdemeanor penalties set forth in Minnesota Statutes Sections 1BJ.10 (2012) and may be subject to criminal penalties set forth in Minnesota Statutes Sections 1BJ.11 (2012).
Section VII: Special Exemptions
A) The Commissioner may allow, with written approval, the movement of gypsy moth, in any living stage of development, into or within Minnesota for research purposes.
This Notice and State Formal Quarantine was effective July 1, 2014 and was modified on July 1, 2015.
Signed copy on file.
David J. Frederickson
Minnesota Department of Agriculture