Golden Nematode Order (SOR/80-260)

Regulations are current to 2017-09-27

Golden Nematode Order

SOR/80-260

PLANT PROTECTION ACT

Registration 1980-04-08

Order Prohibiting and Restricting the Transportation and Movement of any Plant or Other Matter that is Likely to Result in the Spread of the Golden Nematode

The Minister of Agriculture, upon the report of an inspector setting forth a reasonable belief of the existence of the Golden Nematode in that portion of the municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road defined in that report, pursuant to section 8 of the Plant Quarantine Act, hereby makes the annexed Order prohibiting and restricting the transportation and movement of any plant or other matter that is likely to result in the spread of the Golden Nematode.

Dated at Ottawa, Ontario, this 3rd day of April, 1980

EUGENE F. WHELAN
Minister of Agriculture

Short Title

 This Order may be cited as the Golden Nematode Order.

Interpretation

 In this Order,

Category A land

Category A land means land in the quarantine area in which cysts of the Golden Nematode that contain viable eggs or larvae have been found; (terre de catégorie A)

Category B land

Category B land means land in the quarantine area exposed to infestation or suspected of being infested by virtue of its association with or location relative to Category A land; (terre de catégorie B)

Category C land

Category C land means all land in the quarantine area other than Category A land or Category B land; (terre de catégorie C)

quarantine area

quarantine area means the area of land described in the schedule; (zone de quarantaine)

Regulations

Regulations means the Plant Quarantine Regulations; (règlement)

restricted movement area

restricted movement area means the land districts of Esquimalt, Goldstream, Highland, Lake, Malahat, Metchosin, North Saanich, Otter, Sooke and Victoria including that portion of the South Saanich Land District not included in the municipality of Central Saanich, and all that portion of the Municipality of Central Saanich west of the West Saanich Road. (zone de déplacement restreint)

General

  •  (1) Subject to sections 4 to 8, the transportation into or from and the movement within the quarantine area is hereby prohibited of any plant, soil or other matter that is or may be contaminated by the Golden Nematode or by soil that is infested with the Golden Nematode and, without limiting the generality of the foregoing, of

    • (a) Golden Nematode including cysts thereof that contain viable eggs or larvae;

    • (b) soil and sand and media containing soil or sand;

    • (c) plants and parts thereof, with soil or with roots, including nursery stock, greenhouse plants, bedding plants, vegetable transplants and sod;

    • (d) eggplant, potato and tomato plants, and parts thereof;

    • (e) root crops and vegetables in a raw or unprocessed state;

    • (f) containers and packing material containing soil or sand or to which soil or sand adheres;

    • (g) hay, straw, plant litter and manure; and

    • (h) machinery, implements and vehicles containing soil or sand or to which soil or sand adheres.

  • (2) Subsection (1) does not apply to the following plants and other things if they are free from soil, namely

    • (a) plants propagated in synthetic growing media such as perlite, expanded mica, Baystrat and expanded clay;

    • (b) unrooted plants or parts thereof, such as Christmas trees, holly wreaths, budsticks, seeds and fruits;

    • (c) aquatic plants, moss or lycopodium;

    • (d) peat moss in sealed bags or unbroken bales;

    • (e) processed root crops, vegetables or other edible plant material;

    • (f) containers, machinery, implements and vehicles that are new and have not been in contact with the soil; and

    • (g) all vegetables and unprocessed root crops other than potatoes.

 Subject to the restrictions of any other applicable legislation, anything listed in paragraphs (1)(a) to (g) except soil samples intended for scientific or research purposes may be moved within the quarantine area or transported from the quarantine area if an inspector has determined that

  • (a) it originated in non-infested premises in the quarantine area, and has not been exposed to infestation while within the quarantine area;

  • (b) it has been treated to destroy infestation in accordance with any requirement of the inspector; or

  • (c) it was grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted by such movement or transportation.

 Potatoes intended for marketing or processing may be moved within the quarantine area or transported from the quarantine area if the potatoes

  • (a) have been washed and freed of all soil on the premises of the producer or at a grading station approved by an inspector;

  • (b) have been transported from the premises of the producer to a grading station in a manner that an inspector has determined will preclude the spread of the Golden Nematode enroute; and

  • (c) if packed in containers, are packed in new containers.

 Cull potatoes intended for use only as livestock feed that meet the requirements of paragraphs 5(a) and (b) and do not meet any standards for potatoes set out in the Fresh Fruit and Vegetable Regulations or any equivalent standards of the Province of British Columbia may be transported from the quarantine area if

  • (a) the transportation of the potatoes is authorized by an inspector; and

  • (b) the potatoes are transported in a manner and to premises approved by an inspector.

 Soil samples intended for scientific or research purposes may be moved from the quarantine area under a movement certificate referred to in section 10 of the Regulations if

  • (a) they have been treated to prevent the spread of the Golden Nematode; or

  • (b) where not so treated, they are transported in such a manner and if such precautions are taken at destinations as to preclude the possibility of the spreading of Golden Nematode.

 Machinery, implements and vehicles may be moved as follows:

  • (a) if they have been used on and are in Category A land, they may be moved

    • (i) within Category A land without cleaning, or

    • (ii) to Category B land or Category C land or transported from the quarantine area on condition that

      • (A) all plant debris and soil have been removed therefrom at the working site prior to movement or transportation to such an extent that no plant debris or soil will be transported,

      • (B) where required by an inspector, they are cleaned under his supervision to his satisfaction, and

      • (C) prior notice is given to an inspector that they are to be moved;

  • (b) if they have been used on and are in Category B land, they may be moved

    • (i) to Category A land or Category B land without cleaning, or

    • (ii) to Category C land or transported from the quarantine area on condition that

      • (A) all plant debris and soil have been removed therefrom at the working site or at a site approved by an inspector, prior to movement or transportation, to such an extent that no appreciable amounts will be transported, and

      • (B) where required by an inspector, they are cleaned under his supervision to his satisfaction, and

      • (C) prior notice is given to an inspector that they are to be moved; and

  • (c) if they have been used on and are in Category C land, they may be moved

    • (i) within the quarantine area and transported from the quarantine area to the restricted movement area without cleaning, or

    • (ii) transported from the quarantine area to any other area on condition that

      • (A) all plant debris and soil have been removed therefrom at the working site, prior to transportation, to such an extent that no appreciable amounts will be transported, and

      • (B) where required by an inspector, they are cleaned under his supervision to his satisfaction.

 
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