TITLE 2. AGRICULTURE
TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Final Regulation
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 and 3.2-704 of the Code of Virginia.
Effective Date: May 20, 2024.
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, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.
Background: 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 (artificial spread). The imported fire ant 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 (regulated articles) are prohibited from moving out of the quarantined area unless certified as free of imported fire ant. Imported fire ant free certification can be obtained through (i) inspections conducted by the Department of Agriculture and Consumer Services (VDACS) or (ii) compliance agreements between businesses and VDACS, which stipulate steps businesses must take to ensure regulated articles transported out of the quarantine are free of imported fire ants.
Expansion of the regulated area became necessary after recent surveys conducted by VDACS indicated that imported fire ant populations had become established in the Counties of Charlotte, Dinwiddie, Halifax, Lunenburg, and Sussex and eradication was no longer feasible. Expansion of the quarantined area is intended to prevent the artificial spread of the imported fire ant from infested areas of the Commonwealth to noninfested areas, thereby reducing the impact of the imported fire ant on citizens and businesses and protecting public health and welfare in noninfested areas.
Summary:
The amendments expand the Virginia Imported Fire Ant Quarantine for Enforcement of the Virginia Pest Law (2VAC5-315) to include the Counties of Charlotte, Dinwiddie, Halifax, Lunenburg, and Sussex.
2VAC5-315-50. Regulated areas.
The following areas in Virginia are quarantined for imported fire ant:
The entire counties of:
Brunswick
Charlotte
Dinwiddie
Greensville
Halifax
Isle of Wight
James City
Lunenburg
Mecklenburg
Southampton
Sussex
York
The entire cities of:
Chesapeake
Emporia
Franklin
Hampton
Newport News
Norfolk
Poquoson
Portsmouth
Suffolk
Virginia Beach
Williamsburg
VA.R. Doc. No. R24-7431; Filed April 25, 2024