Title of Regulation: 2VAC5-336. Regulations for Enforcement of the Virginia Tree and Crop Pests Law - Spotted Lanternfly Quarantine (amending 2VAC5-336-50).

Statutory Authority: § 3.2-703 of the Code of Virginia.

Effective Date: March 30, 2021.

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, or email david.gianino@vdacs.virginia.gov.

Background: Expansion of the areas regulated for lanternfly became necessary after surveys conducted by the Virginia Department of Agriculture and Consumer Services (VDACS) indicated that populations of the spotted lanternfly had become established in the Counties of Clarke and Warren when eradication efforts targeted to these populations became no longer feasible. Once established, the spotted lanternfly has the potential to spread to noninfested areas, either through natural means or through the movement of infested articles (artificial spread). The Regulations for the Enforcement of the Virginia Tree and Crop Pests Law - Spotted Lanternfly Quarantine is intended to prevent the artificial spread of this pest and establishes steps that businesses and individuals not conducting business can take to ensure that spotted lanternfly is not being artificially spread out of the regulated areas.

2VAC5-336-40 establishes the regulated articles, which are articles that pose a risk for spreading the spotted lanternfly and are, therefore, subject to the provisions of the regulation. 2VAC5-336-80 requires any person conducting business to obtain a permit from the Commissioner of the Department of Agriculture and Consumer Services prior to moving a regulated article out of a regulated area. In order to obtain the permit, a person must complete agency-approved training related to complying with the regulation and identification of the spotted lanternfly. The permit requires businesses to maintain applicable training records and ensure that regulated articles are inspected and free of spotted lanternfly prior to moving such articles from a regulated area to a nonregulated area.

The spotted lanternfly is an invasive pest that feeds on more than 100 plant species, including grapes, pome and stone fruits, maple and walnut trees, hops, and Ailanthus altissima (Tree of Heaven) and is therefore a threat to Virginia's grape, apple, hops, and forestry industries. The lanternfly can be spread long distances by people who move articles containing spotted lanternfly egg masses, nymphs, or adults. If allowed to spread, this pest could impact Virginia's agricultural and forestry industries. The spotted lanternfly was initially detected in Winchester in January 2018 and has subsequently spread into Frederick, Clarke, and Warren Counties.

Section 3.2-703 of the Code requires that, prior to an extension or reduction of a quarantine, the commissioner must provide notice in a newspaper with general circulation in the affected area or direct written notice to those concerned. Legal notices were published in local newspapers covering the Counties of Clarke, Frederick, and Warren on March 17, 2021. In addition, notification letters regarding expansion of the regulated area were mailed to a variety of businesses in Clarke and Warren Counties in February 2021.

Summary:

The amendments expand the regulated area of the Regulations for the Enforcement of the Virginia Tree Crop and Pests Law - Spotted Lanternfly Quarantine (2VAC5-336) to include the Counties of Clarke and Warren due to an increase in spotted lanternfly populations in these localities.

2VAC5-336-50. Regulated areas.

The following areas in Virginia are quarantined for Spotted Lanternfly:

1. The entire County of following counties:

a. Clarke;

b. Frederick; and

c. Warren.

2. The entire City of Winchester.