13.1.
Adopted November 19, 2009 -
Effective December 30, 2009
Statutory Authority
This Quarantine is imposed pursuant to the Pest Control Act,
§
§
35-4-110, C.R.S. (2009).
Purpose
The purpose of this Quarantine is to protect Colorado by
reducing the introduction of Japanese beetle (Popillia
japonica) into Colorado. Reduction of Japanse beetle introductions
will reduce damage to susceptible landscape plants and crops and minimize the
need for pesticide treatment to control the pest. Reducing the introduction of
Japanese beetle will allow for some nurseries to continue to export nursery
stock to noninfested states. In addition the quarantine provides for the
recovery of costs incurred by the Commissioner in enforcement of the
quarantine.
Factual Findings
The Commissioner of Agriculture finds as follows:
1) Japanese beetle is a scarab beetle,
approximately one-half inch long with a metallic green body and copper-colored
covers on its wings. It can be identified by its 12 tufts of hairs bordering
the margin of the wing covers.
2)
From its original introduction in New Jersey in 1919, Japanese beetle has
greatly expanded its range. It is now generally distributed throughout the
country, excluding the western United States. It is also found in parts of
Ontario, Canada.
3) Japanese beetle
is most commonly transported to new locations with soil surrounding nursery
plants. Eggs are sometimes laid in the soil of container stock and
balled/burlap nursery materials, so the root feeding larvae are carried with
the plants.
4) The Japanese beetle
can be a very damaging insect in both the adult and larval stages. Adult
Japanese beetles cause serious injury to leaves and flowers of many
ornamentals, fruits, and vegetables. Among the plants most commonly damaged are
rose, grape, crabapple, and beans. Larvae chew roots of turfgrasses and it is
the most important white grub pest of turfgrass in much of the northeastern
quadrant of the United States.
5)
Japanese beetle is a regulated insect subject to internal quarantines in the
United States. The presence of established Japanese beetle populations in
Colorado restricts trade. Nursery products originating from Japanese
beetle-infested states require special treatment or are outright banned from
shipment to areas where this insect does not occur.
6) Japanese beetle has likely been introduced
into Colorado on several occasions. However, historically these almost always
failed to result in reproducing, established populations in the state.
Unfortunately, this situation has recently changed as at least two populations
are now known. The first population began in 2003 in the Palisade area on the
West Slope. Efforts to eradicate it have now been successful. More recently,
Japanese beetle has been discovered in Denver and Arapahoe County.
7) Historically, this insect is a target for
large amounts of insecticide use where it is established.
13.2.
Adopted December 16, 2010 -
Effective January 30, 2011
Statutory Authority:
These amendments to the permanent rules are adopted by the
Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority
under the Pest Control Act (the "Act") at Section
35-4-110 C.R.S.
Purpose
The purpose of this amendment is to:
1. Correct errors.
2. Clarify treatment protocols.
3. Clarify that all ornamental grasses are
restricted.
4. Add restriction
protocol for pot-in-pot production of nursery stock.
Factual and Policy Issues
The factual and policy issues encountered in proposing these
amendments are as follows:
1. British
Columbia is not under quarantine and needs to be removed.
2. Ornamental grasses regardless of size have
been identified as a high risk carrier of Japanese beetle.
3. Allow for a non-chemical treatment option
for pot-in-pot nursery stock production.
13.3.
Adopted February 15, 2013 -
Effective March 30, 2013
Statutory Authority:
These amendments to these rules are proposed for adoption by
the Commissioner of the Colorado Department of Agriculture pursuant to his
authority under the Pest Control Act, §
35-4-110, C.R.S.
Purpose:
The purposes of these amendments are to:
1. Repeal the rules related to soil
survey/sampling protocol at Section 5.00(b).
2. Establish a container size limit under the
Container Certification protocol.
Factual and Policy Issues
The factual and policy issues encountered in proposing these
amendments are as follows:
1. The soil
survey/sampling protocol for certification of field grown nursery stock is not
rigorous and potential risk of introduction of Japanese beetle larvae in
harvested root balls of large nursery stock is high when using this
certification protocol. As such it is proposed that the entire protocol be
eliminated. Harvested field grown nursery stock may instead enter the state of
Colorado with the remaining treatment protocols currently listed in the
quarantine.
2. Containerized
nursery stock is allowed entry into the state under a protocol whereby the
container must not directly sit on top of soil. Containers that sit on top of
raised benches or on some type of barrier such as gravel or landscape fabric
are eligible for certification. Currently any sized container is eligible when
produced in this manner. However, larger sized containers, or containers bigger
than 16" in diameter pose a high risk for introduction of beetle larvae, even
when produced under the container protocol. Therefore a restriction on the size
of container eligible for certification using this protocol is warranted.
Containers less than 16" in diameter pose reduced risk and will still remain
eligible for certification using the container certification protocol. Nursery
stock in containers larger than 16" in diameter are eligible for certification
via dip treatment.
13.4.
Adopted November 9, 2016 - Effective December 30, 2016
Statutory Authority:
These amendments to the quarantine are adopted by the
Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority
under the Pest Control Act (section
35-4-110, C.R.S.)
Purpose
The purposes of these amendments are to:
1. Add the Colorado Counties of Adams,
Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer,
Pueblo, and Weld to the areas under quarantine.
2. Add an additional certification method via
production in an approved Japanese Beetle free greenhouse or screenhouse for
ornamental grasses.
3. Offer
nurseries an additional certification method to allow pest free nursery stock
to continue to enter non-infested areas of Colorado while protecting those
areas from Japanese Beetle introduction.
Factual and Policy Issues
The factual and policy issues encountered in proposing these
amendments are as follows:
1. Japanese
Beetle populations in these Front Range Colorado Counties have risen in number
over time and many areas within these counties are considered
infested.
2. A Systems Approach to
Nursery Certification (SANC) allows approved nurseries an additional and
alternative method of pest control that can be tailored to fit the specific
needs of each participating nursery.
3. This certification method is available to
an out-of-state nursery if the SANC program in its state is equivalent to that
approved for use by Colorado nurseries.
4. Ornamental grasses produced in a Japanese
beetle-free greenhouse or screenhouse meet certification standards and provide
growers with an additional method for pest free nursery stock
certification.
13.5.
Adopted February 22, 2018 - Effective April 15, 2018
Statutory Authority:
These amendments to the quarantine are adopted by the
Colorado Commissioner of Agriculture pursuant to his authority under the Pest
Control Act, §
35-4-110, C.R.S.
Purpose:
The purposes of these amendments are to:
1. Expand the quarantine's coverage in Part
4.1.2 to include smaller containers by decreasing the size of containers exempt
from the quarantine.
2. Incorporate
by reference the National Plant Board's Japanese Beetle Harmonization Plan,
dated June 20, 2016, in Part 5.2.2.4.
3. Remove text found in various subparts of
Parts 5.3.1, 5.5.2.2, and 5.6.2.2, which parts name specific insecticide
products and their application rates, in order to focus on active ingredients
and not products.
4. Make plants in
containers 12" diameter or smaller subject to Part 5.6's listed restrictions
regarding Japanese beetle trapping and management.
5. Add a new Part 5.7 permitting shipments of
ornamental grasses into Colorado or shipments from areas under quarantine,
provided those grasses have been produced in an approved, Japanese beetle-free
greenhouse/screenhouse.
6. Update
numerical references in Part 5 to account for the new Part 5.7.
7. Make typographical, grammatical, and
non-substantive changes in Parts 4 and 5 of the quarantine.
Factual and Policy Issues:
The factual and policy issues encountered in proposing these
amendments are as follows:
1. For many
years, CDA has exempted containers measuring 12" or less from the Japanese
beetle quarantine, unless those containers held ornamental grasses or sedges,
because containers of that size were not expected to hold Japanese beetle.
However, in July 2017, an out-of-state nursery shipped into Colorado nursery
stock in containers measuring 12" and smaller and later notified CDA that those
containers contained or could contain Japanese beetle grubs. Because of this
incident, CDA learned that 12" containers could contain various life stages of
the Japanese beetle. Therefore, the Department is amending the quarantine at
Part 4.1.2 to include 12" containers by reducing the size/volume of containers
exempt from the quarantine to 7" or 252 cubic inches (i.e., "#1 containers") or
less. CDA chose 7" because data provided by the out-of-state nursery indicated
that Japanese beetle grubs did not appear in containers measuring 7" or
less.
2. The Department's previous
versions of the Rules did not incorporate by reference the National Plant
Board's Japanese Beetle Harmonization Plan. Therefore, the Department is
amending Part 5.2.2.4 in accordance with §
24-4-103 (12.5), C.R.S.
3. The quarantine previously identified
specific active ingredients and specific pesticide products containing those
ingredients as providing effective treatment against Japanese beetle when used
as dip, drench, or similar treatments. The Department intended to assist the
regulated community by identifying pesticide product options that met the
requirements of the quarantine. However, the Department never intended to
endorse a specific pesticide product or manufacturer, nor did it intend to
suggest that application rates for those products were static. Therefore, the
Department has removed the names of pesticide products and associated
application rates from Parts 5.3.1, 5.5.2.2, and 5.6.2.2 so that the regulated
community can choose any product with the listed active ingredients, provided
they use the product in accordance with the product's labeling directions and
requirements.
4. The Department
expanded the scope of Japanese beetle trapping and management requirements in
Part 5.6 for plants in 12" containers or smaller that are shipped into Colorado
from areas under quarantine.
5. To
provide increased flexibility without compromising the effectiveness of the
quarantine, the Department has added a new Part 5.7, which explains that
ornamental grasses, regardless of container size, may be shipped into Colorado
or transported from areas under quarantine if those plants have been produced
in greenhouses/screenhouses that have been approved as Japanese
beetle-free.
13.6.
Adopted June 2019 - Effective July 30, 2019
Statutory Authority:
These amendments to the quarantine are adopted by the
Colorado Commissioner of Agriculture pursuant to the authority under the Pest
Control Act, §
35-4-110, C.R.S.
Purpose:
The purpose of these amendments is to:
1. Change the inspection fee rate from
$34.00/hour to $45.00/hour.
The factual and policy issues encountered when developing
these rules include:
1. The Colorado
Department of Agriculture is required by §
35-4-111(2),
C.R.S., to cover the direct and indirect costs incurred in conducting
inspections. Over time, the average personnel cost of an inspection has
increased to approximately $39/hour. In addition, the operating costs
associated with an inspection (e.g., travel, fleet) have increased to almost
$24/hour. Therefore, CDA is proposing to increase the cost to
$45/hour.
2. The inspection fee has
not been changed since 2010 and costs incurred to complete inspections have
increased significantly over the past nine years. to allow the quarantine to
function effectively and to implement pest control program goals, CDA must
raise fees associated with inspections.
