Control of San Josè Scale Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,551, 12 ta’ Marzu, 2004

L.N. 122 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Control of San Josè Scale Regulations, 2004

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act 2001, the Minister for Rural Affairs and the

Environment has made the following regulations>-

(1) The title of these regulations is the Control of San Title and

commencement.

Josè Scale Regulations, 2004.

(2)

These regulations shall come into force on 1st April,

2004.

These regulations concern the measures to be taken to Scope.

control San Josè Scale (Quadraspidiotus perniciosus Comst.) and

to prevent it from spreading.

In these regulations, unless the context otherwise requires>- Interpretation.

“the Act” means the Plant Quarantine Act<

“ contaminated plants or fruit “ means plants or fruit on

which one or more San Josè Scale insects are found, unless it is

confirmed that they are dead<

“the Department” means the Plant Health Department<

“nurseries” means plantations in which plants intended for

transplanting, multiplying or distributing as individually rooted

plants are grown<

“San Josè Scale host plants” means plants of the genera

Acer L., Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,

Euonymus L., Fagus L., Juglans L., Ligustrum L., Malus Mill.,

Populus L., Prunus L., Pyrus L., Ribes L., Rosa L., Salix L.,

Sorbus L., Syringa L., Tilia L., Ulmus L., Vitis L..

(1) When an occurrence of San Josè Scale is recorded,

the Department shall demarcate the contaminated area and a safety

zone large enough to ensure the protection of the surrounding areas.

(2) In contaminated areas and safety zones, San Josè

Scale host plants must be appropriately treated to control this pest

and to prevent it from spreading.

(1)

All contaminated plants in nurseries must be

destroyed.

(2) All other plants which are contaminated or suspected

of being contaminated, and which are growing in a contaminated

area, shall be treated in such manner that those plants and the fresh

fruit there from are no longer contaminated when moved.

(3) All rooted San Josè Scale host plants growing within

a contaminated area, and parts of such plants which are intended for

multiplication and are produced within that area, may be replanted

within the contaminated area or transported away from it only if

they have not been found to be contaminated and if they have been

treated in such manner, to the satisfaction of the Director, that any

San Josè Scale insects which might still be present are destroyed.

(4) In any batch of plants (other than those that are rooted

in the ground) and fresh fruit within which contamination has been

found, the contaminated plants and fruit shall be destroyed, and the

other plants and fruit in the batch treated or processed in such manner,

to the satisfaction of the Director, that any San Josè Scale insects

which might still be present are destroyed.

In the safety zones San Josè Scale host plants shall be

subjected to official supervision and shall be inspected at least once

a year in order to detect any occurrence of San Josè Scale.

The measures taken to control San Josè Scale or to prevent

it from spreading shall be revoked only if San Josè Scale is no longer

found to be present.

The holding of San Josè Scale is hereby prohibited.

8.

(1) The Director may authorise exemptions from the

measures referred to in these regulations for scientific and

phytosanitary purposes, tests and selection work provided that such

derogations do not prejudice the control of San Josè Scale and create

no risk of the spread of this disease, and as long as the requirements

laid down in the Plant Quarantine (Harmful Organisms) Regulations, L.N. 97 of 2004.

2004 are met.

(2)

The Director may authorise>

(a) by way of derogation from regulations 5(2) and 5(4)

of these regulations, the immediate processing of contaminated

fresh fruit<

(b) by way of derogation from regulations 5(2) and 5(4)

of these regulations, the movement of contaminated fresh fruit

within the contaminated area.

(3) The Director shall ensure that the authorisations

referred to in subregulations (1) and (2) of this regulation are granted

only where adequate controls guarantee that they do not prejudice

the control of San Josè Scale and create no risk of the spread of this

pest.

The Director shall have access to any premises where an Enforcement by

activity regulated by these regulations is being carried out and shall Director.

have access to all relevant information and records. He may also

collect samples of plants, plant products and other objects and carry

out any relevant checks thereon.

Without prejudice to the provisions of these regulations Additional

the Director may adopt such additional or stricter provisions as may measures.

be required to control San Josè Scale or to prevent it from spreading.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press