CONTROL OF SAN JOSÈ SCALE REGULATIONS *

CONTROL OF SAN JOSÈ SCALE

SUBSIDIARY LEGISLATION 433.05

CONTROL OF SAN JOSÈ SCALE REGULATIONS *

1st April, 2004

LEGAL NOTICE 122 of 2004.

The title of these regulations is the Control of San Josè

Scale Regulations.

These regulations concern the measures to be taken to

control San Josè Scale (Quadraspidiotus perniciosus Comst.) and

to prevent it from spreading.

In these regulations, unless the context otherwise requires

"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

*These Regulations have been repealed by Legal Notice 238 of 2022.

CONTROL OF SAN JOSÈ SCALE

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.

(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 are met.

(2)

The Director may authorise

(a) by way of derogation from regulation 5(2) and (4), the

immediate processing of contaminated fresh fruit;

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

activity regulated by these regulations is being carried out and shall

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

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

out any relevant checks thereon.

Without prejudice to the provisions of these regulations the

Director may adopt such additional or stricter provisions as may be

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