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ReportonLateBlightofTomatoandPotatoinVermont-senate


Report on Late Blight of Tomato and Potato in Vermont

Prepared for the Vermont Senate Committee on Agriculture

Prepared by the Office of the Plant Pathologist, Plant Industry Section, Vermont Agency of Agriculture, Food and Markets 103 South Main Street Waterbury VT 05671 February 2010

Contents Late Blight History and Impacts to Vermont Agriculture: Summary ................................... 2 Recommendations for late blight management ..................................................................... 3 Late blight: causal pathogen, the disease and disease history ............................................... 4 Causal Organism and Disease ........................................................................................... 4 Late Blight History ............................................................................................................ 8 The 2009 late blight outbreak in New England and Vermont ....................................... 9 Late Blight Management ..................................................................................................... 10 Management using cultural, physical or mechanical means ........................................... 11 Management using conventional or organic chemicals and biologicals ......................... 11 Management through statute and/or regulation ............................................................... 12 Management through education and outreach................................................................. 13 Current Threats to Vermont's Plant Resources.................................................................... 14 APPENDIX A Late Blight Timeline, summer 2009 ........................................................... 16 APPENDIX B Summary of Fungicides Labeled in Vermont for Control of Late Blight... 18 APPENDIX C Outreach and Education Examples, Late Blight Control ............................ 20 APPENDIX D Statutes and Regulations Regarding Plant Pest Control ............................. 27 Title 6: Agriculture .......................................................................................................... 28 Chapter 84: PEST SURVEY, DETECTION AND MANAGEMENT............................ 28 Chapter 206: NURSERY INSPECTION ...................................................................... 31 REGULATIONS RELATING TO THE INSPECTION OF NURSERIES ................ 34

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Late Blight History and Impacts to Vermont Agriculture: Summary
Summary of the disease and its management ? Late blight, a disease of tomatoes, potatoes, peppers, eggplants, and other plants in the family Solanaceae, is caused by the pathogen Phytophthora infestans, which has been present in Northern New England and Vermont for over 150 years. P. infestans co-evolved with potatoes and tomatoes in Central America, and was responsible for the potato famines in Ireland, Scotland, and Europe in the mid 19th century. The disease is most destructive during periods of cool, wet weather, when the presence of moisture on host tissues promotes rapid pathogen development and spread. ? Late blight is readily controlled using safe and economical techniques developed over the last 100 years, techniques that continue to evolve. Control methods include cultural, physical/mechanical, and organic and conventional chemical methods. The ongoing success of the potato and tomato industries in the United States and worldwide bears witness to the efficacy of these methods. Continuing advancements in technology, disease resistance breeding, and research will provide additional control methods to growers and consumers in Vermont and throughout the world. Existing structures provide the statutory and regulatory means necessary to monitor and reduce the threat posed by late blight (and other plant pests), and to address new threats as they appear. Future efforts to mitigate late blight outbreaks should and will be directed toward education and outreach on established control methods, and developing local supplies of resistant plant material to meet demand, rather than through increased regulation or restrictions on interstate plant trade. ? P. infestans is not the most important long-term threat to Vermont’s agricultural, horticultural, and forest resource economies or to our environment. There are numerous identified exotic plant pests that pose far greater threats to the health of Vermont’s economy and environment.

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Recommendations for late blight management
? Support continuing education and outreach activities to inform the general public and the horticultural production community about the history and management of late blight, as well as working to increase public knowledge of and demand for disease-resistant plants. Support efforts to develop local production of certified seed potato tubers and tomato and other vegetable starts sufficient to meet the demand (organic and conventional) within Vermont, rather than relying on out of state sources of material. Work to instill the belief in the public at large that plant pest management and control happens on a variety of levels, from the individual through the local community to the regional level - management that includes ALL plant pests, native and exotic, and that everyone has a stake in this effort.

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Late blight: causal pathogen, the disease and disease history
Causal Organism and Disease
Late blight is caused by the oomycete pathogen, Phytophthora infestans. Oomycetes are fungal-like organisms, commonly called water molds. Plant pathogenic oomycetes include the downy mildews and Pythium and Phytophthora species, several of which are pathogenic on numerous plants worldwide. The disease of potatoes and tomatoes caused by P. infestans is called late blight because it customarily appears on host plants later in the growing season than many other diseases, generally late July to mid August in the Northern Hemisphere. Environmental conditions favoring late blight development include high relative humidity (above 90% RH), cooler temperatures (between 45 and 70 degrees F), and periods of extended rainfall and leaf wetnessi. Overhead irrigation in otherwise dry climates may also foster development of late blight. If environmental conditions remain favorable, the pathogen will produce reproductive structures on infected materials. Visibly these structures appear as a delicate whitish-gray downy or fuzzy growth on the undersides of leaves and stems, associated with disease lesions. These structures may also appear on tomato fruits. These structures, or sporangiaphores, produce spores (sporangium) in the tens of thousands, which mature and break off to produce new infections. Images of sporangiophores are provided in Figure 1. The spores are known to travel in airborne moisture droplets exceeding 10 miles a day. If a spore alights upon suitable host material, and there is sufficient surface moisture on that host, the spore will germinate, produce a new infection, and begin the process anew. The entire cycle, from initial infection to spore production and dispersal, may occur in as few as three days.ii A diagram of the disease cycle is provided as Figure 2. Disease symptoms typically include irregular dark green to brown/gray lesions on the leaves and stems of affected plants. These lesions have a water soaked appearance when relative humidity is higher, and a leathery, lighter brown appearance during drier periods. As the disease progresses, the lesions enlarge and frequently coalesce, and will cause dieback of the affected portions of host plants. Photographs of foliar and stem symptoms are presented as Figures 3 and 4. The pathogen also attacks tomato fruits, producing a hard, leathery patch on the surface, which generally appears darker in color than the surrounding tissues (Figure 5). These patches are not soft and leaky, as many other tomato fruit lesions are. On potato tubers, the infected areas are characterized by a purplish-brown spot on the surface, with associated dry, brown, crumbly rot in the flesh beneath. The tuber lesions often serve as infection courts for secondary fungi and bacteria, which may mask the symptoms of the initial late blight infection. These secondary infections may also emit foul or putrid odors and leak liquid decay by-productsiii (Figure 6). As the infection spreads throughout the host plant, the tissues are quickly reduced to a disappointing, blackened, foul-smelling, gooey mess. In potato fields, active spores from infected tops or vines and on the soil surface may wash down through cracks in the soil to 4

Figure 1 Sporangia produced on surfaces of infected tomato leaves and fruit
(Cornell Cooperative Extension)

Figure 2 Disease cycle of late blight of potato (and tomato), caused by P. infestans
(MSU IPM Resourcesiv)

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Figure 3 Foliar symptoms of late blight on tomatoes (Teresa Rusinek, Cornell Cooperative Extension)

Figure 4 Stem lesions associated with late blight on tomatoes (Cornell Cooperative Extension)

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Figure 5 Late blight lesion on tomato fruit
(Cornell Cooperative Extension)

Figure 6 Late blight lesions on potato tuber
(Cornell Cooperative Extension)

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infect tubers, where the pathogen overwinters. These tubers represent the primary source of disease inoculum the following year. The pathogen survives in a more or less dormant state within the infected potato tubers, either in storage or those remaining in the field after harvest. The following spring, infection will emerge along with the new sprouts from the seed tuber. If conditions permit, sporulation may occur within a few days. If conditions are dry and warm, the pathogen will remain semi-dormant within the tissues, waiting for climatic conditions to change. If conditions stay dry, the pathogen might not sporulate at all, and the infection dies in the fall when the host plant dies back. In Vermont, the pathogen requires living tissue to survive. Thus, the need to completely remove all dead plant material from the field at the end of the growing season is not generally required. However, the pathogen is capable of producing a sexual resting spore, which occurs when two different mating types of the pathogen combinev. This is not known to occur in Vermont, but there have been reports of two mating types in other parts of the United States, and it is commonplace in Mexico and Central America. The occurrence of the sexual state in Vermont would complicate disease management strategies in the future.

Late Blight History
The causal pathogen, Phytophthora infestans, co-evolved with solanaceous host plants in Central and South America. Hosts include potatoes, tomatoes, tomatillos, tobacco, eggplants, peppers, petunias, and a variety of solanaceous ornamental and weed species, including angel’s trumpet, mandrake, and various nightshades. The pathogen was likely carried into new potato growing areas with infected seed potato tubers from central Mexico sometime before 1840.vi The first confirmed outbreak of late blight in the United States was in 1842, in the Boston area.vii By 1843, late blight had appeared in eastern Pennsylvania and southern New York. By 1845, it had become established in Europe and Ireland, and was responsible for the outbreaks and subsequent famines in Belgium, Holland and Ireland (1845), and Scotland (1846).viii It is thought the pathogen was introduced to Europe on infected seed tubers from the US. In Vermont, late blight was apparently recognized as early as 1843, having been reported as “… common for 50 years or more…” in 1893.ix By the late 19th century, Bordeaux mixture, a mixture of copper sulfate (‘blue vitriol’) and lime (calcium oxide/hydroxide) was being applied to prevent the occurrence of late blight on potatoes. By 1893, Bordeaux mixture was being used in Vermont and elsewhere as a protectant fungicidex, and was widely recommended for limiting the spread and severity of late blight on potatoes. In 1893, Bordeaux mixture had been used for at least four years at the Vermont Agricultural Experiment Station, with reported success in controlling late blight on potatoes, and the 13th Annual Agricultural Report of the Vermont State Board of Agriculture provided guidelines for application rates, timing, and application equipment.

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In 1889, late blight in Vermont was reported on potatoes in late July, somewhat earlier than expected, similar to 2009. L. R. Jones, in the 13th Vermont Agricultural Report, indicated that constant vigilance in field conditions and weather monitoring is essential, rather than simply relying on a set date to begin prophylactic spraying. This represents an early effort at disease forecasting/modeling, techniques integral to effective late blight management today. In the Twentieth Century, late blight continued to be a scourge of commercial potato and tomato production, although advances in weather prediction, fungicide technology, and disease research lessened the impact the disease had on food production. In Vermont, reports of late blight outbreaks were reported in 1901-05, 1912, 1917, 1919-20, 1925, and continued through the 1930s.xi For example, in 1938, the growing season in New England was marred by heavy rainfall, and a widespread outbreak of late blight and associated rot occurred region-wide.xii As late as 1955, late blight on potatoes was still controlled largely in Vermont through Bordeaux mixture, even in that age of DDT and arsenate of lead insecticide use.xiii By the 1980’s chemical management of late blight had become more advanced and a greater variety of compounds was available. Formulations containing chlorothalonil, mancozeb, maneb, and similar compounds were popular, although by 1987, disease resistance to some formulations (metalaxyl) was being reported.xiv Additionally, late blight management spurred development of computer models as a means to predict outbreaks. BLITECAST was one of the first computerized models for plant disease outbreak prediction, developed in 1975 specifically for late blight management.xv Since then, a number of other models have become available, and some are even available online for real-time prediction of late blight outbreaks based on weather data collected by a network of volunteers and professional meteorologists.

The 2009 late blight outbreak in New England and Vermont
In 2009, late blight sprung up in the northeast after several years (decades?) of relative calm. The severity of the outbreak was due to a combination of factors: An unusually wet, cool spring and early summer, with long periods of fog and misty conditions, and few, if any sunny breaks from May to August; A severe recession, combined with a burgeoning local food movement, which spurred significant interest in home gardening and purchase/planting of unusually large numbers of vegetable starts in an effort to save money and eat locally; and A lack of understanding of how plant disease occurs generally, and specifically management of plant disease in home gardens, and the challenges posed by late blight. Finally, compounding these factors was the earlier than usual appearance of late blight (mid-May in New Jersey, early June in New York, Pennsylvania, Massachusetts, rather than late July or early August when it normally shows up), and the inadvertent introduction and spread of diseased plants through large retail outlets across the Northeastern US in late June. A timeline of events from May through September is included as Appendix A.

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Late Blight Management
Effective late blight management and control remains a serious economic and social problem for potato and tomato production worldwide. Although the controls are effective and safe, the ubiquity and virulence of the pathogen require constant monitoring and application of preventative fungicides, resulting in significant costs in the US and around the world. In 2000, the cost for managing late blight in the US was estimated at approximately $290 million, or about $210 per acrexvi. Worldwide, the costs of controlling late blight are an estimated 4 billion annually, or almost $6 billion US.xvii In spite of the costs of controlling late blight, method efficacy is borne out by the continued commercial cultivation of solanaceous crops worldwide for the last 150 years. In order to manage late blight in Vermont, an understanding of those methods and how they are implemented is essential. A successful disease management program requires a multi-pronged approach, and an understanding of the fundamental nature of plant disease. Several methods are typically combined in any effective disease control program, an approach frequently described as Integrated Pest Management, or IPM. IPM stipulates that pest managers or plant producers have a good grasp of pathogen (pest) biology and epidemiology, the conditions conducive to pest success, the nature of the host, and access to the complete range of tools and resources best suited to controlling the pest. Success is measured by the degree of control obtained, rather than the complete elimination of the pest, as elimination is generally prohibitively expensive, both in economic and ecological terms. Late blight is an excellent model for teaching IPM, as it has been established over the long term in most agricultural areas, and there is a wealth of information available to workers faced with the disease. The first step is an understanding of the interactions of the pathogen, the host, and the environment, and how these interactions lead to disease. These three factors are frequently described as the three legs of the disease triangle (Figure 7), or a three legged stool. If all three factors are present at the same time and in the same space, then disease can (will) occur (or, to extend the analogy, the stool will stand, or the triangle is completed). If one or more factor(s) is missing, or removed, disease cannot occur (or, the stool falls over). The factors in this case: Host plant – tomatoes or potatoes; Pathogen (pest) – P. infestans; and Environment - cool temperatures, high humidity, extended periods of leaf wetness.
Figure 7 The disease triangle concept

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Management using cultural, physical or mechanical means
To remove or eliminate one or more of the factors using cultural, physical, or mechanical means generally requires changing the environment. Cessation of overhead watering for example, to limit surface moisture on the leaves, is a cultural practice that lessens the threat of disease. Selection of pest-resistant plant varieties is another cultural technique, although there is a bit of modern magic involved when plant breeding and/or genetic modification practices are used to produce the resistant plant, which arguably goes beyond strictly cultural methods. Physical or mechanical methods include row covers to protect the plants from moisture/dew, or heated growing spaces (greenhouses). Physical means of preventing further disease spread also include complete removal and destruction of infected plant material before the pathogen can spread, or isolation (physical quarantine). In an extreme and obviously impractical example, physical management includes building a wall to prevent spores from migrating to the host plants. Although some of these methods are inaccessible to Vermont growers and home gardeners, the principles are applicable at any scale. For example, avoiding overhead watering works as well in home gardens as in huge commercial operations, and if replaced with drip irrigation systems, it has the additional benefit of limiting erosion and wasted resources due to misdirected sprinkler heads or improper spray patterns.

Management using conventional or organic chemicals and biologicals
Disease management using either conventional/organic chemical or biological means is largely directed at eliminating the pathogen, or altering the environment such that the pathogen cannot establish itself on the host. As many in Vermont learned in 2009, by the time late blight becomes established, there is no cure for infected plants. For late blight, most of the chemical methods are prophylactic (preventative) rather than curative. This is to say that the chemical must be present on or within the host prior to the arrival of the pathogen. By being present on the surface of the leaves, a chemical like Bordeaux mixture might prevent germination of the spore after it arrives, or it may interfere with the cellular membrane of the spore, causing cell death prior to or at the moment of germination, or the chemical may interfere with metabolism of the pathogen after initial penetration of the host tissues, or by a number of other actions. A list of registered chemical and biological pesticides labeled for late blight control is provided in this report as Appendix B. Essential in any chemical or biological management scenario is an awareness of the environmental conditions that will lead to disease development, and that steps have to be taken to prevent this occurrence. Thus, to time spraying appropriately, monitoring weather conditions is critical. There are several web-based forecasting models available free of charge to those who cannot do their own forecasting. These programs are extremely helpful, and are not limited to late blight modeling.

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Management through statute and/or regulation
These are cultural methods that extend beyond the immediate vicinity of the typical host/pathogen/environment scenario. In Vermont, as in all other states and at the Federal level, there exists a set of laws and rules designed to prevent the movement of plant pests through commerce or other routes. Title 6 of the Vermont Statutes provides two chapters dedicated to prevention of movement and establishment of plant pests (at Chapter 84 – Pest survey, detection, and management, and at Chapter 206 – Nursery inspection, provided as Appendix D). Both of these statutes prohibit the movement of plant pests through commerce, to remove infected materials and pests from the landscape by available means, and provide regulators the authority to accomplish that end. Associated with these statutes are rules outlining procedures and conduct regarding pest and plant movement and sales, and how growers and retailers are to conduct themselves in the course of business, to protect both Vermont’s agricultural resources and the final consumer of the plant products. In the case of late blight in 2009, Agency of Agriculture personnel ordered the cessation of sale of all known or potentially infected tomato, pepper and eggplant plant starts, and the subsequent quarantine and removal of these plants from retail outlets immediately upon learning of their existence. The retailers and wholesaler involved complied, and all identified plants were removed from Vermont within 24 hours. Whether additional regulation could have prevented the introduction of the infected plants is debatable. It is the position of the Agency that the existing statutes and rules are/were sufficient, and more laws would have not made the removal of the material any easier or ensured faster compliance. Furthermore, given the easily anticipated reaction from the regulatory community and the outrage directed at the retailers and wholesalers by the general public and affected commercial growers, it is unlikely the introduction of the infected plants was a conscious action. One has to assume that the producers of these plants value their reputations as would any business that hopes to remain viable over the long term, and would never have knowingly shipped apparently diseased stock. Even assuming the producers of the infected materials didn’t care a whit about their own well being, additional regulations would not have prevented them from deliberately importing these plants. If we assume that more regulation would have helped, what would be the next level of regulatory action? Posting personnel at Vermont’s borders to inspect every truckload of plants coming into the state? Maintaining inspectors in every retail outlet to confirm that everything that is unloaded from out of state is clean? An outright prohibition on the importation of all out-of-state nursery stock? These solutions are either prohibitively expensive or impractical given the current demands placed on Vermont plant growers and retailers by consumers. Furthermore, even if late blight was not already established inVermont, the pathogen would likely have quickly blown in from adjacent states, given the weather conditions in 2009. For these reasons, the best approach for management of late blight is outreach, combined with development of a locally-based supply of nursery starts, and fostering increased consumer demand for pest-resistant plants. 12

Management through education and outreach
Because effective plant disease management requires a multi-pronged approach, the most difficult part of a large scale management program remains dissemination of information regarding effective management strategies. As with human health policy, only through behavioral changes can real change be affected. All the research on bacteriology is for naught if people cannot be convinced that washing their hands before eating will prevent illness. Likewise, prevention of late blight is simple but impossible, if consumers are unaware that planting a resistant tomato variety will reduce the chances their crops will be wiped out, or that a copper sulfate spray every ten days will keep infection at bay. Considering late blight has been a persistent problem in Vermont for over 150 years, and that potato and tomato cultivation has continued successfully throughout that period in spite of the disease, it seems apparent the best approach to managing late blight is by employing established phytosanitary methods, rather than through regulation or restrictions on trade. Thus, the greatest challenge in 2010 and beyond is getting the word out to retailers and growers. To that end, the Agency of Agriculture, the University of Vermont Extension service and the Master Gardener program, and other organizations (NOFA VT, etc.) are planning to make educational materials available to the general public and concerned citizens in the period leading up to the 2010 growing season, through summer and fall, and beyond. In fact, efforts in 2010 will represent a continuation of those begun in 2009during the initial late blight outbreak. Events planned for 2010 include posters at the Farm Show in January, discussions and presentations at the Vermont Vegetable and Berry Association and Vermont Nursery and Landscaping Association membership at their winter meetings in February, the Manchester Garden Show in March, outreach events planned jointly between Vermont Agency of Agriculture, UVM Extension and NOFA VT in early spring directed toward retailers and growers in Vermont, public service announcements in the printed, radio, and televised media, and so forth. In short, any venue where people who have an interest in cultivating susceptible plants will be targeted, in much the same way these agencies have been trying to spread the word about the variety of insect and disease pests threatening our forest resources. An example of a guide for late blight management is attached as appendix C, a quick little power point poster presentation used at the Champlain Valley Fair last August. This brief sideshow provided the basic information home gardeners needed to deal with cleaning up their gardens, gave some simple guidelines for dealing with infected materials, and some photographs of symptoms of late blight and diseases that exhibited similar symptoms.

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Current Threats to Vermont's Plant Resources
Late blight is a frightening disease when first encountered. To the first time gardener, being confronted by smelly, black ooze that only two days before was a row of beautiful tomato plants is heartbreaking. Even to a veteran, late blight poses a formidable challenge and a serious expense if weather conditions are as awful as they were in 2009. That said, there are a host of pests looming on our borders that have the potential to do vastly greater harm to our forested and agricultural landscapes than late blight, pests for which we have very few management options. Asian longhorned beetle, emerald ash borer, sudden oak death, the range of non-native invasive plants, alewives, rusty crawfish, and hemlock woolly adelgid and the havoc these pests have already wrought in neighboring states and Canada should already be familiar to anyone living and working in Vermont. If not, then our efforts should be directed toward keeping these pests out of Vermont, and late blight deferred to the back burner, because we have the tools and expertise to handle late blight. These other threats are the ones that will leave a permanent scar on our working landscape, with costs that will make the expense of late blight pale by comparison.

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References
i

Johnson, D. A, J. R. Alldredge, and D.L Vakoch. 1996. Potato Late Blight Forecasting

Methods for the Semiarid Environment of South-Central Washington. Phytopathology 86:480-484.
ii iii iv

Agrios G. N. 1997. Plant Pathology. Academic Press, London. 635 pp. Agrios, Ibid. p. 276. (June 4, 2009). “Potato Late Blight Alert for the Midwest” Michigan State University, Integrated

Pest Management Resources program. Accessed at: http://ipmnews.msu.edu/fieldcrop/fieldcrop/tabid/56/articleType/ArticleView/articleId/442/Potato-late-blightalert-for-the-Midwest.aspx. Retrieved 1/6/2010.
v vi

Agrios, Ibid. p. 277 Reader, John (March 17, 2008). "The Fungus That Conquered Europe". New York Times.

http://www.nytimes.com/2008/03/17/opinion/17reader.html. Retrieved 12/29/09.
vii

Barrus, M. F., and C. Chupp. 1926. Potato Diseases and Their Control. Cornell Extension Bulletin

135. Cornell University, Ithaca NY. Pp. 57 – 64.
viii ix

Reader, Ibid. Jones, L. R. 1893. “Potato Diseases and Their Remedies”. In 13th Vermont Agricultural Report,

State Board of Agriculture, C. M. Winslow, Secretary. Free Press Association, Burlington, VT. pp. 38-49.
x xi xii

Ibid. p. 41 Barrus, Ibid. p 58. Crop and Livestock Review, Season of 1938. 1938. Vermont Department of Agriculture. Free

Press Printing, Burlington VT. pp 9-15.
xiii xiv xv

Bailey, H.L. 1955. Vermont’s Potato Story. Geo. Merck Fund, Montpelier VT. 52 pp. Henfling, J. W. 1987. Late Blight of Potato. National Potato Center, Lima, Peru. p. 15. Agrios, Ibid. p171. Guenthner. J. F., K. C. Michael and P. Nolte. 2000. The economic impact of potato late blight on

xvi

US growers. Potato Research 44:121-125.
xvii

(January 9, 2010). “Potato late blight: a 4 billion problem” ENDURE (European Network for the

Durable Exploitation of Crop Protection Strategies). Accessed at: http://www.endure-

network.eu/about_endure/all_the_news/potato_late_blight_a_4_billion_problem. Retrieved
1/10/2009.

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APPENDIX A

Late Blight Timeline, summer 2009

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Timeline of Late Blight Outbreak, Vermont, summer 2009
May, June 2009 – extended periods of unseasonably cool wet weather, leading to difficulties with seed germination, widespread occurrence of damping-off, root rot, other pre-emergent and seedling diseases in annual crops, perennial crops slow to get started. Mid May – First confirmed report of late blight on tomatoes in New Jersey (May 15). Mid June – First reports of late blight occurring on tomatoes on Long Island and in Pennsylvania. June 20 – 26 Late blight occurring sporadically on crops in New York, Massachusetts, Connecticut, Pennsylvania, Ohio, and on retail plants in these states. June 29 – VT Agency of Agriculture placed all infected and suspect tomato, pepper and eggplant starts on stop sale at retailers in Vermont, VT AAFM and UVM Extension alerted public through press releases and television spots, contacted Bonnie Plants Corporation and instructed them to remove the stop sale plants from their Vermont retail locations. AAFM and UVM contacted Vermont commercial tomato and potato growers directly to warn them of the problem and provide control recommendations if needed. June 30 – Bonnie Plants removed all stop sale items from Vermont retail outlets, materials landfilled at a New Hampshire location. July 2, 3 – Television spots and newspaper articles continuing on local news broadcasts, ongoing throughout the summer. July 13 – Identified/confirmed late blight on residential tomato plants in Royalton/Bethel area, reports of late blight in Tunbridge, Randolph areas. Late July – Late blight reports from Brownington, Rutland, Montpelier/Barre, Bennington, Orleans, and Ferrisburg. Recommending complete removal and bagging/landfilling of residential infections, deep burial, or incineration of larger quantities. Providing fungicide recommendations when appropriate. August 1 – Late blight widespread throughout Vermont, reports from all counties. Losses of residential and non-commercial tomato plantings substantial, frequently complete. Potato infections reported as occurring, but not as virulent or frequent as on tomato hosts. August, September – frequent calls requesting advice on harvesting potatoes and storage methods, waste material disposal, fall clean-up practices. Late September – efforts now directed toward clean up in residential garden plots, providing information on harvesting and storage of potatoes. Concerns about eating late blight infected fruit and tubers coming in. Begin to plan for 2010 season public outreach and education efforts.

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APPENDIX B

Summary of Fungicides Labeled in Vermont for Control of Late Blight

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SUMMARY OF FUNGICIDES REGISTERED IN VERMONT FOR LATE BLIGHT CONTROL
Compound Common Name Product Name(s) Available to Homeowners/ Specialty use
Yes Yes Yes Yes Yes Yes Yes Yes, certain formulations Yes Yes Some formulations Yes Yes Some formulations Yes Yes Yes Yes Yes Yes Some formulations Yes

Restricted use Product

Signal Word
Danger Danger Danger Caution Caution Caution Caution Caution Danger Caution Caution Caution Caution Danger Caution Warning Caution Warning Caution Caution

ORGANIC FUNGICIDES*
Hydrogen peroxide Copper sulfate/Bordeaux mixtures** Copper hydroxide** Copper octanoate/Octanoic acid ** Bacillus pumilus strain QST 2808 Bacillus subtilis strain QST 713 Propamocarb Mancozeb Mancozeb with copper hydroxide Maneb Azoxystrobin Trifloxystrobin Copper tetraamine (2+) Chlorothalonil Pyraclostrobin Cymoxanil Fluoxastrobin Azoxystrobin with Chlorothalonil Potassium salts of Phosphorus acid (E,Z)-4-(3-(4-Chlorophenyl)-3-(3,4dimethoxyphenyl)acryloyl)morpholine Oxidate
Triangle, Dragoon

Kocide, Champ
Concern copper soap, Eco-sense

Ballad
Cease, Plant Guardian, Rhapsody, Serenade

CONVENTIONAL FUNGICIDES
Previcur, Prevex, Banol
Penncozeb, Dithane, carbamic acid

Mankocide Manex, Manzate Abound, Amistar, Heritage Flint
Liqui-cop, Kop-R-Spray, Copper ammonia complexes
Bravo, Armor tech, Countdown, Echo, Equus, Maxide, Pegasus

BASF 500F, Cabrio Curzate, Tanos Disarm, Evito Quadris Kphite, Alude, Exel Acrobat, Forum DC Dimethomorph

This listing is not all-inclusive, and may include compounds and product names not currently registered in Vermont. The Agency of Agriculture maintains a complete and current listing of pesticides registered for use in Vermont at: http://www.kellysolutions.com/VT/pesticideindex.htm. Inclusion of a product on this list does not imply or constitute endorsement by the Agency of Agriculture or the State of Vermont. Pesticide users are reminded to fully read and comply with all pesticide labels prior to and during pesticide use and disposal; any deviation(s) from label requirements represents a violation of state and federal laws.
* As listed by the Organic Materials Review Institute (OMRI), January 20, 2010, NOP Rules: 205.601(i)(1) & 205.601(i)(2) & 205.601(i)(3), Copper sulfate and hydrated lime. ** Copper-based material must be used in a manner that minimizes accumulation in the soil and shall not be used as herbicides.

deviation(s) from the label requirements is a violation of state and federal law.

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APPENDIX C

Outreach and Education Examples, Late Blight Control

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Late Blight Powerpoint for dissemination, poster presentations
Slide 1

Late Blight Pathogen
? Late Blight is caused by the pathogen Phytophthora infestans. ? P. infestans is native to the Western Hemisphere ? Responsible for several disease outbreaks throughout history
– Outbreak in Philadelphia/New York 1843, spread throughout eastern US and Canada by 1845, exported to Europe on infected seed – Irish Potato Famine, 1845 – 1852 – Scottish Highland Famine 1846 - 52

Slide 2

Late Blight Disease
? Affects plants in the family Solanaceae
– Potato, tomato most commonly affected, and most severe disease response – Can also affect peppers, tomatillos, eggplants, petunias, with much reduced severity – Also occurs on jimsonweed, nightshade, other weeds

? Causes rapid decline and death of infected plants
– Plants often collapse completely within a week of infection

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Slide 3

Late Blight Disease
? Development of LB is favored by:
– Cool, wet weather and persistent fog or mist – Susceptible host plants – Proximity and quantities of host plants to pathogen inoculum

? Chemical control is mainly preventative
– Use fungicides to prevent establishment of disease, not cure established infections
? Organic - Copper compounds (copper sulfate, c. hydroxide), ? Conventional - chlorothalonil formulations are most effective for home gardeners, Cymoxanil and Mancozeb also work

– Apply before infection begins, and maintain coverage throughout growing season (hence – “preventative”)

Slide 4

Late Blight – after the Infection
? Remove all infected plant material
– Either symptomatic plant parts (OK) or entire plants (best)

? Dispose by:
– Collecting in plastic bags and placing in municipal trash (best option for most homeowners) – Deep burial (more than 1 foot), leave undisturbed – Complete incineration (large volumes of material only)

? DO NOT compost infected material
– Uncomposted remains may continue to be a source of pathogen inoculum

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Slide 5

Late Blight – after the Infection (continued)
? Do not use potatoes from infected areas as seed for following year
– The pathogen can overwinter on tubers and re-infect new shoots, starting cycle again

? The pathogen does not cause human illness
– If tomatoes and potatoes from infected plants appear otherwise healthy/wholesome, they may be consumed – Do not eat tomatoes or potatoes that are rotted, discolored, or otherwise unappetizing (common sense…)

Slide 6

Late Blight Recommendations
? Maintain fungicides on plants starting in spring, to prevent infections, especially in cool, wet weather. ? Cultivate resistant plants
– Resistant potato varieties include Elba, Kennebec, Defender, others – No known tomato varieties yet, expect new varieties in 2010, 2011 – Plant a selection of varieties to increase chances of resistance within your plot

? Use certified seed potatoes, not last year’s leftovers ? Keep an eye on stored potatoes for signs of decay, cull those that are bad

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Slide 7

Late Blight on Tomatoes

Department of Horticulture, Cornell University

Slide 8

Late Blight lesions on tomato fruit…

…and leaves…
Department of Horticulture, Cornell University

Department of Horticulture, Cornell University

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Slide 9

…and stems.

Typical leaf lesions

Department of Horticulture, Cornell University

Department of Horticulture, Cornell University

Slide 10

Fruit lesions on ripe tomato

Infected potato tuber

Department of Horticulture, Cornell University

25

Slide 11

These are not Late Blight
Septoria Leaf Spot

Anthracnose on fruit

Department of Horticulture, Cornell University

Bacterial Spot

Early Blight

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APPENDIX D

Statutes and Regulations Regarding Plant Pest Control

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Title 6: Agriculture Chapter 84: PEST SURVEY, DETECTION AND MANAGEMENT

§ 1030. Definitions Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) "Beneficial organism" means any organism which, during its life cycle, is an effective pollinator of plants, a parasite or predator of pests, or otherwise beneficial. (2) "Biological control agent" means any living organism applied to or introduced into the environment that is intended to function as a controlling agent against another organism. (3) "Secretary" means the secretary of agriculture, food and markets, or his or her designee. (4) "Compliance agreement" means a written agreement between the department and any person engaged in growing, handling or moving regulated articles, plant pests, plants, parts of plants, or plant products regulated under this chapter, where the person agrees to comply with stipulated requirements. (5) "Agency" means the Vermont agency of agriculture, food and markets. (6) "Genetically modified organism" means any organism altered or produced through genetic modification from a donor, vector, recipient organism, or by other means using modern molecular techniques. (7) "Host" means any plant pest, plant, plant product or other organism upon which a pest or beneficial organism is dependent for completion of any portion of its life cycle. (8) "Infested area" means an area which has been determined to have an established pest population. (9) "Permit" means a document issued by the secretary to provide for the importation of plant pests, biological control agents or regulated articles into the state and their movement within the state to restricted destinations for limited handling, utilization or processing. (10) "Person" means any individual or combination of individuals, partnership, corporation, company, society, association, governmental organization, university or other entity and each officer, agent or employee. (11) "Plant and plant products" means trees, shrubs, and vines; forage, fiber, and cereal plants; cuttings, grafts, scions, buds and lumber; fruit, vegetables, roots, bulbs, seeds and wood; and all other plants, parts of plants, and plant products. (12) "Plant pest" means any living stage of: insects, mites, nematodes, slugs, snails, protozoa or any other invertebrate animals; bacteria, fungi, mycoplasma or other parasitic plants, weeds or reproductive parts thereof; viruses or any organisms similar to or allied with any of the foregoing; and any genetically modified organisms or biological control agents that may directly or indirectly injure or cause disease or damage to any beneficial organisms, plants, parts of plants, or plant products. (13) "Quarantine" means a legal declaration by the secretary to prevent the spread of highly injurious plant pests which specifies the plant pest, plants, parts of plants, plant products or the regulated articles, conditions governing movement, the area or areas quarantined, and any exemptions. (14) "Regulated article" means an article of any character carrying or capable of carrying a plant pest. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

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§ 1031. Functions of secretary of agriculture, food and markets and commissioner of forests, parks and recreation cooperation Under the provisions of this chapter, the secretary of agriculture, food and markets shall have jurisdiction over plans for the survey, detection, and management of agricultural plant pests, and the commissioner of forests, parks and recreation over plans for the survey, detection, and management of forest pests. When the word "secretary" is used in sections 1033 and 1034 of this title, it shall mean either the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation. The two officials shall cooperate with each other on jointly operated projects to avoid duplication of efforts or duties. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 121 (Adj. Sess.), § 87, eff. June 8, 2004.) § 1032. Powers of the secretary The secretary in furtherance of the purposes of this chapter may: (1) Adopt and amend rules as he or she deems necessary in order to carry out the provisions of sections 1033, 1034, 1035 and 1040 of this chapter. (2) Appoint assistants, subject to applicable laws and rules, to perform or assist in the performance of any of the duties or functions of the secretary under this chapter. (3) Excluding private domiciles and curtilage, enter any premises, public or private, as may be necessary to carry out the provisions of this chapter. Whenever practicable, advanced notice of a proposed survey or examination shall be given to the owner or occupant of the property to be entered. (4) Solicit and receive federal or private funds. (5) Cooperate with the federal government and any agencies, departments and instrumentalities of the federal government, the state of Vermont and any agencies, departments, divisions or political subdivisions of the state, and any other state or commonwealth and any agencies, departments or political subdivisions of a state or commonwealth, in order to carry out the provisions of this chapter. (6) Enter into compliance agreements with any person engaged in growing, handling, or moving regulated articles, plant pests, plants, or plant products. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 1033. Detection and abundance surveys; eradication and suppression The secretary may conduct detection and abundance surveys for plant pests of an injurious nature that may be present in the state to determine the necessity for establishing control practices. When the secretary determines that a new injurious plant pest exists within the state or that an established pest requires control and the nature of the pest dictates immediate action, he or she may proceed with a plan of eradication or suppression. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 1034. Quarantines The secretary may establish and maintain quarantines and adopt other orders and rules pursuant to 3 V.S.A. chapter 25 concerning the planting, exposing, sale, importation and transportation of all plants and plant products and regulated articles capable of carrying plant pests of an injurious nature in any living stage within the state. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 1035. Permits No person may sell, offer for sale, barter, expose, move, transport, deliver, ship or offer for shipment into or within this state any plant pest or biological control agent in any living stage without first obtaining either a federal permit, where applicable, and a state permit from the secretary. A state permit may only be issued after it has been determined by the secretary that the plant pests or biological control agents are not injurious,

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are generally present already, or are for scientific purposes subject to specified safeguards. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 1036. Technical assistance The secretary may provide technical assistance in the area of pest management. Such assistance may include diagnostic services, pest identification and pest management recommendations. The secretary is also authorized to conduct demonstrations, investigations and case studies on pest management strategies. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 1037. Administrative orders The secretary may issue cease and desist orders and institute appropriate proceedings on behalf of the agency to enforce this chapter or any rules adopted under this chapter. Whenever the secretary believes that any person is in violation of this chapter or rules adopted under this chapter, an action may be brought in a court of competent jurisdiction to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions, or other relief as may be necessary and appropriate for abatement of any violations. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 1038. Administrative penalties A person who violates any provisions of this chapter or a rule adopted under this chapter may be assessed an administrative penalty by the secretary pursuant to the provisions of section 15 of this title. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 1039. Confidentiality of trade secrets The secretary may not make information public which contains or relates to trade secrets, commercial or financial information obtained from a person which is privileged or confidential. However, when the information is necessary to carry out the provisions of this chapter, or any of the rules adopted under this chapter, this information may be revealed, subject to a protective order, to any federal or state agency, or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the secretary. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 1040. Compensation for destruction When in the suppression of insect pests or plant diseases it becomes necessary for the secretary to destroy the hosts of such pests or diseases, compensation shall be made as follows: the secretary and owner of lands upon which the plants are destroyed shall agree upon the price to be paid as compensation. The impact of the pest or disease on the fair market value of the plant shall be considered. However, compensation shall not be made for wild or uncultivated trees, plants or shrubbery which are ordered destroyed on account of disease or infestation. When plants have been destroyed and compensation accepted, no other such host plants may be maintained on the premises until all danger from the spread of the pest or disease is past. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

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Chapter 206: NURSERY INSPECTION

§ 4021. Definitions As used in this chapter: (1) "Secretary" means the secretary of agriculture, food and markets or his or her designee. (2) "Agency" means the agency of agriculture, food and markets. (3) "Nursery" means all lands, premises and buildings on or in which nursery stock is grown, transported, or offered for sale. (4) "Nursery dealer" means any person who buys, sells, or distributes nursery stock for commercial gain. (5) "Nursery stock" means all woody or herbaceous shrubs, trees, plants and vines, including bulbs and rhizomes as well as buds, grafts, scions and other parts capable of propagation whether wild, cultivated or grown under artificial covering. This definition does not include cut flowers or seeds. (Added 1985, No. 57, § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.) § 4022. Secretary of agriculture, food and markets as enforcing official The secretary shall enforce the provisions of this chapter and perform such duties as may be required by the federal plant pest quarantine statutes. The secretary may employ such assistance as necessary for the proper performance of his or her duties. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4023. Nursery inspection; issuance of certificate (a) The secretary shall, at least annually, but not more than three times a year, inspect all nurseries or places within the state where nursery stock is grown, collected or stored. If, upon examination, the nursery stock is found to be healthy and apparently free from pests and diseases, the secretary shall issue a certificate. The secretary shall establish by rule the conditions for the issuance, suspension or revocation of the certificate, and may place any restrictions or requirements upon the certificate which he or she deems necessary. (b) No person may operate a nursery without a valid certificate. (c) The secretary may charge a fee for any inspection conducted under the provisions of this chapter. The amount of the fee shall be determined in a manner to be established by rule, but shall be no greater than is necessary, in the judgment of the secretary, to meet all expenses incurred in making the inspection. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4024. Nursery dealers; license (a) Every nursery dealer purchasing, selling or installing stock in this state shall annually apply for and receive a nursery dealer's license from the secretary. The secretary may inspect nursery stock in the possession of licensed dealers as he or she deems necessary. The secretary shall establish by rule the conditions for the issuance, suspension or revocation of the license, and may place any restrictions or requirements upon the license which he or she deems necessary. (b) Any person soliciting orders for, selling, delivering or installing nursery stock shall have in his or her possession a copy of the license of the nursery which he or she represents or his or her own license, if required by subsection (a) of this section, which he or she shall show upon demand to prospective buyers or the secretary.

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(c) Any person who has been issued a certificate by the secretary under section 4023 of this title shall automatically be issued a nursery dealer's license. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4025. Shipments by nursery dealers to be accompanied by inspection certificates Whenever a nursery dealer ships or delivers any nursery stock grown within this state, he or she shall include with each shipment a copy of the inspection certificate issued by the secretary, or an approved facsimile, stating that the nursery has been inspected and approved as required by this chapter and the nursery stock is believed to be free from injurious pests or plant diseases. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4026. Foreign nursery stock; certificate of inspection; transportation; penalty Nursery stock transported into this state for sale, distribution or installation shall be accompanied by a valid certificate of inspection, or a reasonable facsimile, or other certification accepted by the secretary, from the state from which the consignment comes or from a United States government inspector, stating that the nursery stock is believed to be free of injurious pests or plant diseases. The certificate shall contain the name and mailing address of the consignor. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4027. Diseased or infested stock; stop-sale; destruction (a) Only sound, healthy nursery stock which will maintain its vigor shall be offered for sale. Offering for sale stock which is diseased or infested with injurious pests is a violation of this chapter. Whenever the secretary has reason to believe that any nursery in the state has introduced, installed, sold or offered for sale, diseased or infested stock, the secretary shall inspect that nursery. If, upon inspection, the secretary finds any diseased or infested stock, he or she may order the plants, either individually or in blocks, to be (1) put on stop-sale; (2) treated in a particular manner; or (3) destroyed according to the secretary's instructions. (b) Plants ordered destroyed or placed on stop-sale must be clearly separable from noninfested stock. Any order must be confirmed in writing within seven days. The writing shall include the reason for action, a description of the nursery stock affected, and any recommended treatment. Stop-sale tags may not be removed except by written permission of the secretary or upon suitable disposal of the infested plants. (c) A person issued any order under subsection (a) of this section may appeal that order to the secretary within 15 days after receiving the order. The person shall make an appeal by letter to the secretary, and shall state any grounds and designate the plants affected. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4028. Access to records; nursery stock A nursery dealer engaged in the sale, distribution, or installation of nursery stock shall: (1) provide access for inspection by the secretary of all nursery stock; (2) follow appropriate practices so that an adequate inspection of the nursery can be made; and (3) maintain for one year records of plant purchases, acquisitions, sales or other distributions, and make the records available upon request to the secretary for inspection. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

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§ 4029. Rules; distribution; penalties (a) The secretary shall adopt rules as prescribed by 3 V.S.A. chapter 25 as he or she deems necessary to carry out the provisions of this chapter. The rules shall be printed by the state and distributed by the secretary. (b) A person who violates any provisions of this chapter or a rule adopted under this chapter shall be fined not more than $100.00 for the first offense and not more than $500.00 for each subsequent offense. The secretary may seek and obtain preliminary and permanent injunctive relief for any violation of this chapter or the rules promulgated under this chapter. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4030. Special conditions; certification (a) The secretary is authorized to establish conditions and rules under which certain plants may be grown and certified free from virus, fungi, bacteria or any infesting organism considered detrimental to the plant. (b) The secretary is authorized to issue an additional certificate, certifying that the plants were grown under special conditions or have been tested by a recognized procedure which has established them as being free from certain viruses, fungi, bacteria, or other organisms. Certification standards shall be established by the secretary. (c) The secretary shall have authority to assess growers who apply for this additional certification a fee to be paid as the secretary may direct. The amount of the fee shall not be greater than is necessary, in the judgment of the secretary, to meet all expenses incurred in making the inspection and certification. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4031. Plants taken from the wild (a) The secretary may adopt procedural rules pursuant to the Administrative Procedure Act as set forth in 3 V.S.A. chapter 25, for the collection, sale, or distribution of plants taken from the wild, on the list of Convention on International Trade on Endangered Species of Wild Fauna and Flora, as amended, provided that the plants are not on the Vermont endangered species list. He or she may authorize surveys or other actions to determine the extent that plant collections may be undertaken without jeopardizing the survival of a plant species. He or she may classify plant species based on their populations or chances for survival and may restrict what amount, if any, of a particular species may be removed from the wild. (b) The secretary may enter into programs with other government agencies to allow the movement of wild collected plants in interstate and international travel. (c) The secretary is authorized to stop-sale, to seize or return to the point of origin at the possessor's expense any wild plants collected, sold, or distributed in violation of this provision. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.) § 4032. Cooperation with other government agencies The secretary may enter into agreements or programs with other government agencies to allow movement of nursery stock or to implement federal and/or state quarantines as the secretary deems necessary or are required under federal or state law. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

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REGULATIONS RELATING TO THE INSPECTION OF NURSERIES
Adopted September 16, 1988

SEC. I. STATUTORY AUTHORITY. The Secretary of Agriculture, Food & Markets is authorized by 6 V.S.A. §4029 to promulgate regulations regarding the inspection of nurseries and nursery stock and to control the collection, sale or distribution of nursery stock and plants taken from the wild. SEC. II. DEFINITIONS. 1. "Approved facsimile" means a card, placard or certificate, issued or approved by the Secretary, identifying the holder, stock, or shipment as properly licensed or certified by the Agency pursuant to 6 V.S.A. Chapter 206 and these regulations. "Collecting" means cutting, gathering, rooting, severing, injuring, destroying, removing, or carrying away any ginseng plants or nay other plants taken from the wild, or parts thereof, for the purpose of selling, or offering for sale. "Secretary" means the Secretary of agriculture or his or her designee. "Agency" means the Vermont Agency of Agriculture, Food & Markets. "Nursery" means all land, premises and buildings on or in which nursery stock is grown, transported, or offered for sale. "Nursery dealer" means any person who buys, sells, or distributes nursery stock for commercial gain. "Nursery stock" means all woody or herbaceous shrubs, trees, plants and vines, including bulbs and rhizomes, as well as, buds, grafts, scions, and other parts capable of propagation whether wild, cultivated or grown under artificial covering or artificial conditions. This definition does not include cut flowers or seeds. "Operate a nursery" means to conduct, for commercial gain, any or all of the activities associated with the preparation, sale or installation of nursery stock. Such activities include, but are not limited to, planting, cultivation, transportation, installation, treatment or display of nursery stock, and removal from the wild of plants with the intention of commercial gain. "Person" means any individual, partnership, corporation or other business entity.

2.

3. 5. 13.

14.

15.

16.

17.

* Missing definitions refer to Ginseng collection and are published under a separate cover. SEC. III. LICENSES AND CERTIFICATES ISSUED BY THE VERMONT AGENCY OF AGRICULTURE, FOOD & MARKETS.

1. Nursery Dealer's License. (a) Every nursery dealer, as defined in SEC. II 14. of these regulations, who purchases, sells or installs nursery stock in this state shall annually apply for and receive a nursery dealer's license from the Secretary. It shall be a violation of the provisions of these regulations to operate a nursery without having been issued such license. (b) Any person soliciting orders for, or selling, delivering or installing nursery stock shall have in his or her possession his or her nursery dealer's license or that

34

of the nursery on whose behalf such activities are conducted. For the purposes of this subsection, the following approved facsimiles shall be acceptable: (1) license; (2) a card, approved as to form by the Secretary, containing the nursery dealer's name, address, license number and expiration date; (3) the appearance on a receipt, packing ticket, way bill, manifest or other documentation normally presented or available to the customer, of the nursery dealer's name, address, license number and expiration date. (c) Shipments of nursery stock accompanied by a valid certificate of inspection, as required by 6 V.S.A. Section 4025 and Section III 2. of these regulations, shall be exempt from the requirements of Subsection 1. (b) of this section. (d) Any person who has been issued a certificate of inspection under 6 V.S.A. Section 4023 and Section III 2. of these regulations shall automatically be issued a nursery dealer's license. 2. Nursery Inspection Certificate. (a) Every person who operates a nursery within the meaning of Section II 16. of these regulations shall be inspected at least once, but not more than three times, each year by the Secretary. If the Secretary finds the nursery and nursery stock to be apparently free from pests and diseases, he or she shall issue to that nursery a nursery inspection certificate. The certificate shall be valid from the date of issuance through December 31 of the calendar year in which it was issued, so long as the Secretary does not rescind, suspend, amend or revoke it pursuant to section IV of these regulations. (b) The Secretary, in his or her discretion, may charge a fee for any inspection conducted under the provisions of 6 V.S.A. Chapter 206 or these regulations. The Secretary may take into account any or all of the following factors in computing the amount of the fee to be charged: (1) the number of inspections required to certify a given nursery; (2) the reasons or conditions which relate to prior inspections and degree of compliance with orders and recommendations pursuant to prior inspections; (3) the number of Agency personnel involved in the inspection; (4) the number of work-hours and mileage involved; (5) the cost of equipment, materials, sampling and laboratory work; (6) the difficulty or complexity of the inspection; (7) any other expenses incurred by the Secretary which are directly related to the inspection. 3. Special Certification. (a) The Secretary may issue a certificate certifying that nursery stock has been grown under special conditions or has been tested by a recognized procedure which has established that stock as being free from any or all of the following diseases, pests or conditions; (1) (2) certain viruses, fungi, bacteria or other organisms; specific diseases or deficiencies; or a legible photocopy or other exact reproduction of the

35

(3) any other conditions which require, in the opinion of the Secretary, special certification. (b) The Secretary may assess growers who request this additional or special certification a fee for the inspection and/or certification. This fee shall not be greater than is necessary, in the judgment of the Secretary, to meet all expenses incurred in making the inspection and/or certification. The Secretary may take into account any or all of the factors listed in Section III 2. (b) of these regulations in computing the amount of the fee. SEC. IV. POWERS OF THE Secretary. 1. Suspension or Revocation of Licenses and Certificates. (a) The Secretary may amend, suspend or revoke any license or certificate issued under the authority of 6 V.S.A. Chapter 206 and these regulations for failure of the holder to comply with any of the provisions of that chapter or the regulations promulgated thereunder. (b) In the event the Secretary has reason to believe that the activities or conditions of any person or facility licensed or certificated under the authority of 6 V.S.A. Chapter 206 or the regulations promulgated thereunder may pose an immediate and substantial threat to human or animal life or health, to the environment, or to other nursery dealers, he or she may suspend any or to other nursery dealers, he or she may suspend any license or certificate pending inquiry, for no longer than fifteen (15) days, providing that opportunity for a hearing is given prior to the end of such period. If the person affected by such suspension cannot attend a hearing within that fifteen day period, the suspension shall remain in effect until the date of such hearing. Following a hearing, if the Secretary determines that reinstatement of the suspended license or certificate might pose a threat to human or animal life or health, to the environment, or to other nursery dealers, the Secretary may issue an order continuing the suspension until such time as the problem is corrected, or may revoke or amend the license or certificate in question. 2. Placement of Restrictions, Requirements or Conditions Upon Licenses or Certificates.

The Secretary may place reasonable restrictions, conditions or requirements upon any license or certificate issued under the authority of 6 V.S.A. Chapter 206 or these regulations. The Secretary may take any or all of the following into consideration when imposing such restrictions, conditions or requirements: (1) previous history of pest and disease conditions at a give facility; (2) degree of compliance of persons or facilities with prior orders or recommendations; (3) potential for physical or economic harm resulting from any activity or condition; (4) proximity of the nursery or nursery stock in question to human or animal habitation, environmentally sensitive areas, sensitive plant populations or other nursery dealers or nursery stock; or (5) any other conditions which the Secretary considers to be significant. 3. Stop-Sale Orders. (a) The Secretary, upon finding injurious insects or other pests or plant diseases present in a nursery or in nursery stock, may issue a stop-sale order against such plants. Plants placed on stop-sale shall be conspicuously tagged, either individually or in blocks, provided that such infested stock is clearly separable from non-infested stock, and that such physical separation is effected and maintained. Any issuance of a stop-sale order shall be confirmed in writing by the Secretary within seven days. Such confirmation shall state the following:

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(1) (2) (3) (4)

the reason for the issuance of the stop-sale order; a description of the nursery stock placed on stop sale; recommended control measures, if any; and the date upon which such order became effective.

(b) Stop-sale tags may not be removed from nursery stock except by written permission of the Secretary or upon disposal of the infested stock in a manner acceptable to or authorized by the Secretary. (c) It shall be a violation of this section to sell, install or otherwise distribute nursery stock which has been placed on stop sale. (d) The Secretary may restrict or restrain the transportation of any nursery stock which has been placed on stop-sale, or may prescribe conditions under which such nursery stock may be transported. 4. Treatment or Destruction of Infested Plants. If, upon inspection of a nursery or any other nursery stock, the Secretary finds any diseased or infested stock, he or she may order the plants, either individually or in blocks, to be: (1) (2) (3) placed on stop sale in accordance with Section III 3. of these regulations; treated in a particular manner; or destroyed according to the Secretary's instructions.

5. Entry onto Business Premises by Secretary. The Secretary, in furtherance of his or her duties under 6 V.S.A. Chapter 206 or the regulations promulgated thereunder, may enter the business premises of any person licensed or certificated under that chapter and regulations for the purposes of inspecting nursery stock, facilities, equipment or business records, or to take samples as may be required. Such entry onto business premises shall be made during normal business hours, or at other times for which the Secretary may make arrangements. 6. Reciprocal Issuance of Licenses and Certificates. (a) The Secretary may enter into reciprocal agreements with officials of other states and federal agencies, and may grant licenses and certificates on a reciprocal basis, provided that: (1) Certification and licensing standards are substantially the same as those required by Vermont; (2) The person licensed or certificated knows and abides by Vermont's nursery inspection law and regulations; (3) The person or facility licensed or certificated pays any and all applicable fees; and (4) The person or facility is properly licensed by a state which has a reciprocal agreement with Vermont. (b) Revocation or suspension of any certificate or license by the state or federal authority which originally issued such certificate or license shall result in the immediate suspension of the reciprocally-issued certificate or license pending investigation by the Secretary. Reinstatement of the certificate or license by the state or federal authority which revoked or suspended it shall effect reinstatement of the reciprocally-issued certificate or license.

7.

In addition to the authority conferred by these regulations, the powers of the Secretary include all statutory authority vested in the Secretary, now and in the future, to enforce state nursery inspection laws and regulations.

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SEC. V. TRANSPORTATION OF NURSERY STOCK. 1. Shipment of Nursery Stock Grown within Vermont. (a) Whenever a nursery dealer ships or delivers any nursery stock grown within this state, he or she shall include with each shipment a copy of the inspection certificate issued by the Secretary, or a reasonable facsimile which satisfies the requirements of Section III 1.(b) of these regulations. Such certificate or facsimile shall state that the nursery has been inspected and approved as required by 6 V.S.A. Chapter 206 and these regulations, and that the nursery stock is believed to be free from injurious pests or plant diseases.

(b)

Each shipment transported or caused to be transported without proper certification, as required by Subsection 1.(a) of this section shall be deemed to be a separate violation.

2. Transportation of Nursery Stock into Vermont for Sale. (a) Nursery stock transported into this state for sale, distribution or installation shall be accompanied by a valid certificate of inspection or a reasonable facsimile, or other certification accepted by the Secretary, from the state from which the consignment comes or from a United States Government inspector, stating that the nursery stock is believed to be free of injurious pests or plant diseases. The certificate shall contain the name and mailing address of the consignor. The Secretary may accept inclusion of the consignor on a list of certified nursery dealers compiled by the state in which the shipment originates as certification under this section, provided that the shipment is identified by the name and mailing address of the consignor and a statement that the consignor is currently included on such list.

(b)

SEC. VI. DISEASED OR INFESTED STOCK. (a) Only sound, healthy nursery stock which will maintain its vigor shall be offered for sale, distribution or installation in this state. Whenever the Secretary has reason to believe that any nursery in the state has introduced, installed, sold or offered for sale diseased or infested stock, the Secretary shall inspect that nursery. If, upon inspection, the Secretary finds any diseased or infested stock, he or she may order the plants, either individually or in blocks, to be (1) (2) (3) 2. Appeals. (b) Any person issued any order under 6 V.S.A. Section 4027(a) or under Subsection (a) of this section may appeal that order to the Secretary within 15 days after receiving that order. The appeal shall be made in writing and shall state any grounds and designate the plants or stock subject to the order. put on stop sale; treated in a particular manner; or destroyed according to the Secretary's instructions.

SEC. VII. QUARANTINES. State quarantine regulations on the following are effective on all nursery stock and shall apply to the quarantine-regulated areas and restrictions of the USDA Animal and Plant Health Inspection Service, Plant Protection and Quarantine Programs: (1) Gypsy moth; and

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(2)

Scleroderris.

SEC. IX. SPECIAL CERTIFICATION REQUIREMENTS FOR DECIDUOUS FRUIT TREES, SMALL FRUIT PLANTS AND NURSERY STOCK 1. Definitions (a) “Foundation block” means an isolated planting of registered nursery stock maintained to serve as the primary source of propagating material for participating nurserymen. “Nuclear block” means a planting of virus-indexed trees, small fruit plants or nursery stock, maintained and continuously protected from virus infection in a screenhouse, screened greenhouse or tissue culture to serve as a source of propagating material for the foundation block. “Nursery increase block” means a planting of nursery stock, originating from registered seed and scion sources, used for increasing registered plants. “Index” means testing a plant for virus infection by means of inoculation from the plant to be tested to an indicator plant or by other standard immunological technique. “Indicator plant” means any woody or herbaceous plant used for detecting virus. “Off-type” means different from the variety or cultivar listed on the application for registration or certification. “Registered nursery stock” means a plant used as a propagation or seed source that has a history of negative virus indexing and inspection by an approved state or federal agency or commercial facilities. “Scion block” means a planting of registered nursery stock maintained by a commercial nurserymen to serve as a source of propagating material. “Seed block” means a planting of registered nursery stock maintained by a commercial nurseryman to serve as a seed source. “Virus-infected” means presence of a virus (es) in a plant or plant part. “Virus-like) means a disorder of unknown cause displaying symptoms which are possibly due to virus infection.

(b)

(c)

(d)

(e) (f)

(g)

(h)

(i)

(j) (k)

2.

Requirements (a) Application for Special Certification shall be made to the Secretary on or before February 1 of each calendar year. Participation in this program shall be voluntary and may be withdrawn at the option of the applicant. The applicant shall be responsible, subject to approval by the Agency, for the selection of the location and proper maintenance of registered plantings being grown under the provisions of this program. The applicant shall be responsible for maintaining the identity of all nursery stock entered in this program in a manner approved by the Agency.

(b)

39

(c)

Location of plantings (1) Each planting location shall be subject to approval by the Agency and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation or any other means. A scion block shall be located not less than 300 feet from any nonregistered plant of the same genera. Volunteer or wild plants of the same genera within 500 feet (further if practical) shall be eradicated. Broad leaf weed control programs must minimize their occurrence within the block. The sources of the scion block nursery stock shall have originated from the foundation block or nuclear block maintained by state or federal agencies or approved commercial facilities.

(2)

(3)

3.

Certification Procedures (a) Nursery Stock being grown for “Vermont Premium” certification shall consist of rootstocks and scions originating from foundation blocks. Plants will be tested for those viruses where techniques have been established. Nursery stock being grown for “Vermont Select” shall consist of Plants produced from registered scion block and nonregistered seed sources; or have only had virus-testing on a few viruses known to infect specific nursery stock. All special certified nursery stock must have been produced in artificial soil, pasteurized soil, or on soils that received a preplant nematicide or were sampled by an approved agency prior to planting and fond to be free from virus vector nematodes. All nursery stock meeting the requirements of this program when sold shall have the variety and or interstock and rootstock designated where applicable.

(b)

(c)

(d)

4.

Establishment and Maintenance of Plantings (a) Plantings entered in this program shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment, and in other farming practices to guard against spread of soil-borne pests to plants entered into this program.

5.

Eligibility (a) Any kind or variety of deciduous fruit tree, small fruit plant or other nursery stock, when approved by the Agency, is eligible for entry into this program as provided in this outline. To be accepted for certification or to be eligible for any planting entered in this program, a plant shall have been tested and not found to be virusinfected or off type.

6.

Inspection and Testing Procedures (a) Inspection and sampling of nursery stock shall be done under the supervision of the Agency. Testing of plant material shall be done by Universities or businesses approved by the Agency. Approved labs shall use Immunological tests, Genetic Assays or Indexing procedures to test for viruses known to occur in the Northeast. Results of the tests shall be sent directly to the Agency of Agriculture, Food & Markets with copy to applicant.

(b)

40

7.

Tagging and Identity (a) Tagging - The Agency will authorize the use of official tags for the identification of nursery stock or seed that meet the requirements of this program. Identity - Any person selling Vermont special certified nursery stock is responsible for the identity of the stock bearing each tag and for such nursery stock meeting requirements. Persons issued tags authorized by the program shall account for stock produced and sold and keep records as may be necessary.

(b)

8.

Refusal, Suspension or Cancellation of Registration or Certification (a) Registration or certification may be refused, suspended or cancelled for any plants in part or all of a planting if: (1) (2) The requirements of these regulations have not been met. The plant is found to be virus-infected or off-type including but not limited to differences caused by disorders of genetic origin. A registered plant is found virus infected and it is determined that plants propagated from it also are liable to be infected. Any violation of the Vermont Nursery Statute or any section of these regulations. For any reason the identity of a plant becomes uncertain or has not been properly maintained. Failure to have an Agency approved virus testing facility conduct testing.

(3)

(4)

(5)

(6)

SEC. X. PENALTIES. Pursuant to 6 V.S.A. §4029, any person who violates any provision of 6 V.S.A. Chapter 206 or the regulations promulgated thereunder shall be fined not more than $100.00 for the first offense and not more than $500.00 for each subsequent offense. In addition, the Secretary may seek and obtain preliminary and permanent injunctive relief for any violation of the provisions of 6 V.S.A. Chapter 206 or the regulations promulgated thereunder.

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