Final Text
CHAPTER 335
VIRGINIA EMERALD ASH BORER QUARANTINE FOR ENFORCEMENT OF THE VIRGINIA PEST LAW (REPEALED)
2VAC5-335-10. Declaration of quarantine. (Repealed.)
A quarantine is hereby established to regulate the movement
of certain articles capable of transporting the highly destructive pest of ash
(Fraxinus spp.) known as the emerald ash borer, Agrilus planipennis
(Fairemaire).
2VAC5-335-30. Definitions. (Repealed.)
The following words and terms shall have the following
meaning unless the context clearly indicates otherwise:
"Emerald ash borer" means the live insect known
as the emerald ash borer, Agrilus planipennis (Fairemaire), in any life stage
(egg, larva, pupa, adult).
"Inspector" means any employee of the Virginia
Department of Agriculture and Consumer Services, or other person authorized by
the commissioner to enforce the provisions of the quarantine or regulation.
"Moved (move, movement)" means shipped, offered
for shipment, received for transportation, transported, carried, or allowed to
be moved, shipped, transported, or carried.
"Person" means any association, company,
corporation, firm, individual, joint stock company, partnership, society, or
other entity.
"Virginia Pest Law" means the statute set forth
in Chapter 7 (ยง 3.2-700 et seq.) of Title 3.2 of the Code of Virginia.
2VAC5-335-40. Regulated articles. (Repealed.)
The following articles are regulated under the provisions
of this quarantine:
1. The emerald ash borer in any life stage.
2. Firewood of all hardwood (nonconiferous) species.
3. Ash (Fraxinus spp.) nursery stock.
4. Green (nonheat treated) ash lumber.
5. Other living, dead, cut, or fallen material of the genus
Fraxinus, including logs, stumps, roots, branches, and composted and
uncomposted wood chips.
2VAC5-335-50. Regulated areas. (Repealed.)
The entire Commonwealth of Virginia is a regulated area.
2VAC5-335-60. Conditions governing the intrastate movement of
regulated articles. (Repealed.)
Movement of a regulated article solely within the regulated
area is allowed without restriction.
2VAC5-335-110. Inspection and disposal of regulated articles
and pests. (Repealed.)
Any properly identified inspector is authorized to stop and
inspect, and to seize, destroy, or otherwise dispose of, or require disposal of
regulated articles and emerald ash borers as provided in the Virginia Pest Law
under which this quarantine is issued.
2VAC5-335-120. Nonliability of the department. (Repealed.)
The Virginia Department of Agriculture and Consumer
Services shall not be liable for any costs incident to inspections required under
the provisions of the quarantine and regulations other than for the services of
the inspector.
2VAC5-335-130. Revocation of this regulation. (Repealed.)
This regulation may be revoked by the board when such party
is satisfied that the need for this quarantine no longer exists. Such revocation
shall take place upon the date specified by the board in the order that revokes
this regulation.