TITLE 2. AGRICULTURE
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: 2VAC5-315. Virginia Imported
Fire Ant Quarantine for Enforcement of the Virginia Pest Law (amending 2VAC5-315-50).
Statutory Authority: § 3.2-703 of the Code of
Virginia.
Effective Date: December 11, 2019.
Agency Contact: David Gianino, Program Manager, Office
of Plant Industry Services, Department of Agriculture and Consumer Services,
P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804)
371-7793, TTY (800) 828-1120, or email david.gianino@vdacs.virginia.gov.
Background: Section 3.2-703 of the Code of Virginia
authorizes the Commissioner of Agriculture and Consumer Services to extend or
reduce areas currently regulated for plant pests. Expansion of the fire ant
quarantine became necessary after surveys conducted by the Virginia Department
of Agriculture and Consumer Services (VDACS) indicated that imported fire ant
populations had become established in several Virginia localities and
eradication was no longer feasible. Once established, the imported fire ant has
the potential to spread to noninfested areas, either through natural means or
through the movement of infested articles. The quarantine is intended to
prevent the artificial spread of this pest. Under the terms of the quarantine,
articles at risk for transporting imported fire ants are prohibited from moving
out of the quarantined area unless certified as free of imported fire ants.
Imported-fire-ant-free certification can be obtained through (i) inspections
conducted by VDACS or (ii) compliance agreements between businesses and VDACS
that stipulate steps businesses must take to ensure regulated articles
transported out of the quarantine are free of imported fire ants.
Summary:
The amendments expand the Virginia Imported Fire Ant
Quarantine to include Brunswick, Greensville, Isle of Wight, Mecklenburg, and
Southampton Counties and the Cities of Emporia and Franklin.
2VAC5-315-50. Regulated areas.
The following areas in Virginia are quarantined for imported
fire ant:
The entire counties of:
Brunswick
Greensville
Isle of Wight
James City
Mecklenburg
Southampton
York
The entire cities of:
Chesapeake
Emporia
Franklin
Hampton
Newport News
Norfolk
Poquoson
Portsmouth
Suffolk
Virginia Beach
Williamsburg
VA.R. Doc. No. R20-6251; Filed December 10, 2019, 8:00 a.m.