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D- 98-09: Comprehensive policy to control the spread of North American gypsy moth, Lymantria dispar in Canada and the United States

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Effective date: January 4, 2020
(6th Revision)

Subject

This directive contains the plant protection requirements governing the movement within Canada, export from Canada to the United States (U.S.) and import from U.S. of nursery stock, Christmas trees, forestry products with bark attached and all outdoor household articles; and military, recreational, personal, and commercial vehicles and equipment which can harbour any life stage of the North American gypsy moth (for example North American strain of gypsy moth), Lymantria dispar.

The following changes have been made as part of this revision:

On this page

Review

This directive will be reviewed every 5 years or when policy changes are necessary. For further clarification, please contact the Canadian Food Inspection Agency (CFIA).

Endorsement

Approved by:

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Chief Plant Health Officer

Amendment record

Amendments to this directive will be dated and distributed as outlined in the distribution section below.

Distribution

  1. Directive mail list (areas, regions, Plant Health Risk Assessment (PHRA), United States Department of Agriculture - Animal and Plant Health Inspection Service (USDA-APHIS), other federal government departments)
  2. Provincial government, industry organizations (via regions)
  3. National industry organizations (the Hardwood Lumber Bureau, Canadian Lumber Standard Accreditation Board, other lumber industry representatives)
  4. Internet

Scope

This directive is for the use of the CFIA staff, Canada Border Services Agency and any individual or company who wants to import into, move within or export from Canada any of the following: military, recreational, personal or commercial vehicles or equipment; nursery stock; Christmas trees; or other forest products with bark attached that are or could be infested with the gypsy moth. These products must comply with the phytosanitary requirements specified in this directive.

This directive supersedes D-98-09 (5th Revision).

Definitions, abbreviations and acronyms

Definitions for terms used in the present document can be found in the Plant Health Glossary of Terms.

For the purpose of this directive "nursery stock" is defined as woody trees and shrubs, both rooted and unrooted.

1.0 General requirements

1.1 Legislative authority

Plant Protection Act, S.C. 1990, c. 22
Plant Protection Regulations, SOR/95-212
Canadian Food Inspection Agency Fees Notice, Canada Gazette: Part I (as amended from time to time)

1.2 Fees

The CFIA is charging fees in accordance with the Canadian Food Inspection Agency Fees Notice. For information regarding fees associated with imported product, please contact the Import Service Centre (ISC). Anyone requiring other information regarding fees may contact any local CFIA office or visit our Fees Notice website.

1.3 Regulated pest

For the purpose of this directive, the North American gypsy moth, Lymantria dispar (L.) in any stage of development, except male moths.

1.4 Regulated areas

All areas of Canada or the U.S. which have established populations of gypsy moth (see Appendix 1).

1.5 Regulated commodities

1.6 Commodities exempt

2.0 Specific requirements

2.1 Movement requirements - Export

2.1.1 Christmas trees

2.1.1.1 From areas of Canada not regulated for gypsy moth to any area of the U.S.

All shipments of Christmas trees originating from areas in Canada where gypsy moth, Lymantria dispar (L.), does not occur will not require phytosanitary certification to any destination in the U.S., provided that each shipment is accompanied by shipping documents which clearly state the origin of the trees (see Appendix 6).

However, in cases where a shipping company has its office address on shipping documents within a regulated area, and the trees were obtained from outside a regulated area, these shipments must be accompanied by shipping documents stating the area of origin of the trees.

2.1.1.2 From gypsy moth regulated areas of Canada to regulated areas of the U.S.

All shipments of Christmas trees originating from within the gypsy moth regulated areas of Canada which are destined to any of the regulated gypsy moth areas of the U.S. (see Appendix 1), will not require phytosanitary certification, provided that the ultimate destination of the shipment is clearly stated on the shipping documents.

Shipments of Christmas trees originating in regulated areas may move through a non-regulated area of the U.S., provided that these shipments are accompanied by a Phytosanitary Certificate certifying freedom from gypsy moth life stages. All shipments entering the U.S. via the State of Maine at Houlton, Calais, or Jackman locations will not require a Phytosanitary Certificate, provided that the shipments are destined to gypsy moth regulated areas of the U.S.

2.1.1.3 From gypsy moth regulated areas of Canada to non-regulated areas of the U.S.

All shipments of Christmas trees produced in gypsy moth regulated areas of Canada and destined to non-regulated areas of the U.S. must be inspected by a CFIA inspector and accompanied by a Phytosanitary Certificate issued within 14 days of shipment.

Phytosanitary Certificates will be issued in accordance with 1 of the inspection procedures outlined in section 3.1.1 or 3.1.2.

Certificates may also be issued if the trees have undergone fumigation. Treatment with methyl bromide at the label rates recommended for gypsy moth (see Appendix 3).

2.1.2 Nursery stock

All shipments of nursery stock exported from Canada to the U.S. must be accompanied by a Phytosanitary Certificate and must comply with the Plant Quarantine Import Requirements (PQIR) of the U.S. Shipments of nursery stock produced in gypsy moth regulated areas will be certified as being free of gypsy moth by 1 of the methods described in section 3.1.1 or 3.1.2. or having undergone fumigation with methyl bromide at label rates specified for the control of gypsy moth

2.1.3 Non-propagative forest products with bark attached, including bark

2.1.3.1 From areas of Canada not regulated for gypsy moth

Unless otherwise indicated in the PQIR of the U.S., all shipments of non-propagative forest products with bark attached, including bark, from gypsy moth non-regulated areas of Canada will not require a Phytosanitary Certificate for entry into the U.S. However, each shipment must be accompanied by shipping documents specifying the origin of the product (see Appendix 6)

2.1.3.2 From gypsy moth regulated areas of Canada to regulated areas of the U.S.

Unless otherwise indicated in the PQIR of the U.S., all shipments of non-propagative forest products with bark attached, including bark, from gypsy moth regulated areas of Canada to regulated areas of the U.S., do not require a Phytosanitary Certificate, but must be accompanied by shipping documents specifying the destination of the product.

2.1.3.3 From gypsy moth regulated areas of Canada to non-regulated areas of the U.S.

All shipments of non-propagative forest products with bark attached, including bark, from gypsy moth regulated areas of Canada destined to non-regulated areas of the U.S. must have been inspected in accordance with the procedures specified in section 3.2 or have been fumigated with methyl bromide at product label rates for gypsy moth (see Appendix 3). A Phytosanitary Certificate attesting to the inspection or treatment must accompany the shipment.

Non-propagative forest products with bark attached, including bark from gypsy moth regulated areas of Canada, may be permitted entry into a non-regulated area of the U.S. for processing purposes, without a Phytosanitary Certificate, if destined to a processing plant or mill in the U.S. which has signed a compliance agreement with the United States Department of Agriculture (USDA) or state phytosanitary authorities, and have been granted a special permit which waives the requirement for a Phytosanitary Certificate.

2.1.4 All things other than plants and plant products: outdoor household articles; commercial, military, recreational and personal vehicles and equipment

All things, including but not limited to: outdoor household articles, moving pods, moving trucks, recreational vehicles and outdoor equipment, being moved (exported) from an area regulated for gypsy moth (see Appendix 1) to an area not regulated for gypsy moth must be free from all life stages of gypsy moth prior to being moved (exported).

2.2 Movement requirements - Domestic

2.2.1 Christmas trees and nursery stock

All Christmas trees and nursery stock grown in areas of Canada regulated for gypsy moth must be accompanied by a Movement Certificate issued by a CFIA inspector, before moving into non-regulated areas of Canada. Movement Certificates will be issued for trees which adhere to the conditions specified in section 3.1.

Alternatively producers of Christmas trees may receive movement certificates if the facility complies with the requirements of the Christmas Tree Movement Program as specified in Appendix 5.

Additionally, all trees must meet any other domestic movement requirements which may apply.

2.2.2 Non-propagative forest products with bark attached, including bark

All establishments located in gypsy moth non-regulated areas of Canada wishing to obtain non-propagative forest products with bark attached (for example, logs), or bark, from regulated areas of Canada must obtain a Movement Certificate from CFIA. The facility must be approved for participation in the program by completing and having agreed to the conditions stipulated on an Application for Participation Agreement (see Appendix 4).

Facilities will be audited a minimum of twice a year.

2.2.3 All things other than plants and plant products: outdoor household articles; commercial, military, recreational and personal vehicles and equipment

All things, including but not limited to: outdoor household articles, moving pods, moving trucks, recreational vehicles and outdoor equipment, being moved from an area regulated for gypsy moth (see Appendix 1) to an area not regulated for gypsy moth must be free from all life stages of gypsy moth prior to being moved.

2.3 Movement requirements - Import

2.3.1 Christmas trees

A Permit to Import is not required for all species of Christmas trees from the continental U.S. into Canada. However, Christmas trees are not permitted import into Canada from the state of Hawaii.

2.3.1.1 From gypsy moth non-regulated areas of the U.S.

Species of Christmas trees which are not regulated by Canada for any pest other than for gypsy moth, may be imported without a Phytosanitary Certificate, however, the origin of production of the trees must be stipulated on the shipping documents.

Christmas trees which are regulated by Canada for other quarantine pests must meet the Canadian PQIR.

2.3.1.2 From gypsy moth non-regulated areas within partially regulated states of the U.S.

All Christmas trees species which are not regulated for any pests other than gypsy moth, harvested from gypsy moth non-regulated areas within partially regulated states of the U.S. must be accompanied by a Certificate of Origin, attesting to the product origin, or a Phytosanitary Certificate stating that the trees were harvested in an area not regulated for gypsy moth.

Christmas trees which are regulated for other quarantine pests by Canada must meet the Canadian PQIR.

2.3.1.3 From gypsy moth regulated areas of the U.S. to non-regulated areas of Canada

All Christmas trees harvested from gypsy moth regulated areas of the U.S. destined to non-regulated areas of Canada must be accompanied by an official federal (not a state Phytosanitary Certificate) Phytosanitary Certificate. The Phytosanitary Certificate must include either the following additional declarations:

"The material was inspected and found free from gypsy moth, Lymantria dispar."

Or

"The treatment section of the Phytosanitary Certificate must indicated that material was treated to kill gypsy moth, Lymantria dispar."

Material must be treated as prescribed in Appendix 3, and details must appear in the "treatment" box of the Phytosanitary Certificate.

Those species of Christmas trees which are regulated for other quarantine pests by Canada, must meet the Canadian PQIR.

2.3.1.4 From gypsy moth regulated areas of the U.S. to gypsy moth regulated areas of Canada

All shipments of Christmas trees originating from within the gypsy moth regulated areas of the U.S. which are destined to any regulated area of Canada (see Appendix 1), do not require phytosanitary certification, provided that the ultimate destination of the shipment is clearly stated on the shipping documents.

2.3.2 Nursery stock

Canadian importers wishing to import nursery stock should consult the CFIA Automated Import Reference System (AIRS) (internal access only) for the import requirements which must be met. In addition, all shipments of nursery stock imported from the continental U.S. must be accompanied by a federal Phytosanitary Certificate.

2.3.2.1 From infested or partially infested states for gypsy moth (see Appendix 1), the Phytosanitary Certificate must include 1 of the following additional declarations

"The material was produced in an area free of gypsy moth, Lymantria dispar."

Or

"The material was inspected and found free of gypsy moth, Lymantria dispar."

Or

"The treatment section of the Phytosanitary Certificate must indicate that the material was treated to kill gypsy moth, Lymantria dispar and the treatment section of the certificate filled out."

Material must be treated as prescribed in Appendix 3, and details must appear in the "treatment" box of the Phytosanitary Certificate.

2.3.2.2 From non-infested states for gypsy moth (see Appendix 1)

2.3.3 Non-propagative forest products with bark attached, including bark

This gypsy moth directive applies to all tree species entering Canada. There may be additional requirements for specific species such as oak (Quercus spp.) and ash (Fraxinus spp.). Please contact a local CFIA office for additional information.

2.3.3.1 From gypsy moth non-regulated areas of the U.S.

Species of trees which are not regulated by Canada for any pest other than for gypsy moth, may be imported without a Phytosanitary Certificate, however the origin of production of the trees must be stipulated on the shipping documents.

Tree species which are regulated by Canada for other quarantine pests must meet the Canadian Plant Quarantine Import Requirements (PQIR).

2.3.3.2 From gypsy moth non-regulated areas within partially regulated states of the U.S.

All tree species which are not regulated for any pests other than gypsy moth, harvested from gypsy moth non-regulated areas within partially regulated states of the U.S. must be accompanied by a Certificate of Origin, attesting to the product origin, or a Phytosanitary Certificate stating that the trees were harvested in an area not regulated for the gypsy moth.

Tree Species which are regulated for other quarantine pests by Canada must meet the Canadian PQIR.

2.3.3.3 From gypsy moth regulated areas of the U.S. to non-regulated areas of Canada

All tree species harvested from gypsy moth regulated areas of the U.S. destined to non-regulated areas of Canada must be accompanied by an official federal (not a state Phytosanitary Certificate) Phytosanitary Certificate. The Phytosanitary Certificate must include either the following additional declarations:

"The material was inspected and found free from gypsy moth, Lymantria dispar."

Or

The treatment section of the Phytosanitary Certificate must indicate treatment section that material was treated to kill gypsy moth, Lymantria dispar.

Material must be treated as prescribed in Appendix 3, and details must appear in the "treatment" box of the Phytosanitary Certificate.

Alternatively, establishments located in gypsy moth non-regulated areas of Canada may import forest products with bark attached without a Phytosanitary Certificate, provided the facility obtains a Permit to Import, and adheres to the following conditions which will be stipulated on the Permit to Import.

Those tree species which are regulated for other quarantine pests by Canada, must meet the Canadian PQIR.

2.3.3.4 From gypsy moth regulated areas of the U.S. to gypsy moth regulated areas of Canada

All shipments of trees originating from within the gypsy moth regulated areas of the U.S. which are destined to any regulated area of Canada (see Appendix 1), do not require phytosanitary certification, provided that the ultimate destination of the shipment is clearly stated on the shipping documents.

2.3.4 All things other than plants and plant products: outdoor household articles; commercial, military, recreational and personal vehicles and equipment

All things, including but not limited to: outdoor household articles, moving pods, moving trucks, recreational vehicles and outdoor equipment, being moved (imported) from an area in the United States that is regulated for gypsy moth (see Appendix 1) to an area in Canada that is not regulated for gypsy moth must be free from all life stages of gypsy moth prior to being moved (imported).

3.0 Inspection requirements

3.1 Christmas trees and nursery stock from regulated areas

For companies, nurseries or producers that do not participate in the certification programs detailed in Appendices 4 and a 5, the export or domestic movement of Christmas trees or nursery stock will be inspected by 1 of the following methods.

3.1.1 Field inspection

All producers of Christmas trees and nursery stock in gypsy moth regulated areas who wish to ship trees to non-regulated areas will have to conduct a pest management program approved by CFIA.

A field survey, prior to harvesting or during the harvesting operation, shall be conducted by visually inspecting a representative sample of trees in a field, walking the entire field in a "W pattern" and by additionally conducting a biased sample by inspecting a larger portion of trees which are at higher risk of being infested (for example, preferred hosts and trees along hedgerows). When examining the trees, the CFIA inspector must be familiar with the life cycle of the gypsy moth and will look for any life stage which could be present on the trees at the time of inspection.

Should any trees be found infested with the gypsy moth, a CFIA inspector will refuse to issue Phytosanitary Certificates for all trees from that field.

The onus of maintaining the identity of those trees which have qualified for export (for example, tagging of trees, segregation from other trees, etc.) rests with the grower or shipper under the supervision of a CFIA inspector.

Or

3.1.2 Pre-shipment inspection

Visually inspect trees, by examining a random sample per lot of trees presented for inspection prior to loading (see Appendix 2 for sampling rate). If 1 lot covers more than 1 container load, a sample from each container load must be inspected.

Upon finding gypsy moth on any tree in a lot, a CFIA inspector will refuse certification of the entire lot. Trees which have been rejected shall not be presented for reinspection unless they have been completely sorted and inspected (100% of the trees) by the grower or shipper to the satisfaction of the CFIA inspector.

3.2 Forest products with bark attached

Visual inspection of wood with bark attached, for example, logs by thoroughly examining the entire bark surface of a representative sample of the shipment (see Appendix 2 for sampling rate).

3.3 Audit of facilities registered to receive non-propagative forest products from regulated areas and facilities registered to move Christmas trees from regulated areas

Appendix 4 and 5 outline the conditions for participation in these registration programs. CFIA Inspection staff will conduct audits of registered facilities at a minimum of twice annually. During each audit the CFIA inspector shall confirm by way of inspection of procedures, interviews with staff and examination of records that facilities have been maintaining good compliance within the programs.

4.0 Non-compliance

Participants who cannot fulfill the requirements of the registration programs listed in Appendix 4 and 5 will not be permitted to participate in the program. Participation in the program will be re-evaluated at such time as the facility can demonstrate the ability to comply with the requirements.

5.0 Appendices

Appendix 1

Regulated areas: list of North American gypsy moth infested areas of Canada and the U.S.

Appendix 2

Sampling rate for inspection of Christmas trees, forest products and nursery stock

Lot size Sample size
500 or less 10%
501 - 800 75
801 - 1,300 110
1,301 - 3,200 150
3,201 - 8,000 225
8,001 - 22,000 300
22,001 - 110,000 450
110,001 - 555,000 750
555,001 and over 1500

Appendix 3

Approved methods of treatment

Approved methods of treatment
1. Fumigation

The material must be fumigated with methyl bromide at normal atmospheric pressure, at the rate of 48 g/m3 (3 lbs/1000 ft3) for 4 hours at 16°C (60°F), or at the rate of 64 g/m3 (4 lbs/1000 ft3) for 4 hours at 4.5 to 15.5°C (40 to 59°F).

Or

2. Heat treatment

The material must be heat treated to attain a minimum core temperature of 56°C for 30 minutes. The heat treatment process must be verified by the USDA, in accordance with the USDA-ALSC Heat Treatment Program for Export.

Appendix 4

Establishments registered to receive non-propagative forest products with bark attached from regulated areas

Application for participation agreement

Name of applicant: space

Address of applicant: space

Address/location of receiving facility: space

Employees designated to inspect shipments: space

Anticipated source of product (address): space

Anticipated quantities: space

Specific conditions of entry to be followed:
  1. Logs shipments must be visually examined upon arrival and suspect gypsy moth findings must be immediately reported to a CFIA inspector and treated in an approved manner.
  2. Logs obtained from gypsy moth regulated areas must be segregated from logs sourced from gypsy moth free areas and must be visually inspected upon their receipt and stockpiled by the following individuals trained in the identification of the life stages of GM.
  3. Logs must be held in a secure area isolated (a minimum of 15 metres) from tree stands or other non-regulated logs.
  4. Bark and/or timber waste must be disposed of or treated in a manner approved by the CFIA (for example, burned, chipped, mulched, etc.)
  5. The storage yard and chip/bark waste sites must be cleaned in an approved manner as directed by the CFIA inspector.
  6. The importer must maintain accurate records of logs imported (including information on source of the materials, quantities imported, etc.), treatments, and disposals conducted for a period of 1 year.
  7. No diversion of logs or bark to any other site is permitted without the prior approval of an inspector of the CFIA.

I, space, the owner/person in possession, care, or control of the above named facility have read and understood all the conditions and obligations stated herein by which I may move regulated non-propagative forest products to non-regulated areas of Canada.

Further, I am and shall be responsible for and shall indemnify and save harmless Her Majesty the Queen in Right of Canada, including the Department of Canadian Food Inspection Agency, Her Officers, Servants, Employees, Successors and Assigns, from and against all manners of actions, causes of action, claims, demands, loss, costs, damages, actions or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner based upon, caused by, arising out of, attributable to or with respect to any failure, inadvertent or otherwise, by act or omission, to fully comply with the said conditions and requirements.

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Participant's signature of acceptance

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Date

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CFIA inspector/officer signature of approval

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Date

Appendix 5

Establishments registered to move Christmas trees from regulated areas to non-regulated areas of Canada

Application for participation agreement

Name of applicant: space

Address of applicant: space

Address/location of receiving facility: space

Employees designated to inspect shipments: space

Specific requirements:

  1. Each grower or shipper will designate 1 individual to be the Pest Control Manager who will be responsible to ensure that all staff who participate in activities under the program are adequately trained in those functions carried out.
  2. The Pest Control Manager will report all finds of gypsy moth on product within the registered facility to the CFIA.
  3. Where gypsy moth has been confirmed in a grower's field (area where trees are grown) or in the first 10 metres of the perimeter adjacent to the lot, a control strategy is to be developed and implemented, commensurate with the level of infestation, before shipment of trees commences. The control strategy is to be developed in cooperation with the CFIA or a participating provincial government.
  4. Where gypsy moth has been confirmed in a lot of trees to be harvested or already harvested, the trees must be 100% examined (all trees in a lot) under the supervision of the pest control manager and reported to a CFIA inspector. All trees must be found free of life stages of gypsy moth before they may be shipped.
  5. CFIA will issue 1 Movement Certificate to each participant in the program prior to their shipping season and the certificate will be valid for that current shipping season. If the participant does not comply with the requirements of the program, a Movement Certificate will not be issued. 1 copy of the Movement Certificate must accompany shipments of Christmas trees that have been examined in accordance with the program.
  6. The facility is responsible for maintaining records of all examination activity performed during a given calendar year. These records must be maintained for 2 years. Records must include inspection of field areas (include maps, hectares, species grown and a description of the field locations) and pre-shipment examination (including place names, road names and the provision of maps location of pest finds)

I, space, the owner/person in possession, care, or control of the above named facility have read and understood all the conditions and obligations stated herein by which I may move regulated Christmas trees to non-regulated areas of Canada.

Further, I am and shall be responsible for and shall indemnify and save harmless Her Majesty the Queen in Right of Canada, including the Department of Canadian Food Inspection Agency, Her Officers, Servants, Employees, Successors and Assigns, from and against all manners of actions, causes of action, claims, demands, loss, costs, damages, actions or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner based upon, caused by, arising out of, attributable to or with respect to any failure, inadvertent or otherwise, by act or omission, to fully comply with the said conditions and requirements.

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Participant's signature of acceptance

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Date

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CFIA inspector/officer signature of approval

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Date

Appendix 6

Certificate of origin / Certificat d'origine

To: Plant Protection Organization of the United States
À : L'organisation de la protection des végétaux des États-Unis

The space described below are products of Canada, produced in the county space of in the province of space in an area where gypsy moth, Lymantria dispar, does not occur.

Les space décrits ci-dessous sont des produits du Canada, cultivés dans la comté space de dans la province de space dans un endroit où la spongieuse, Lymantria dispar, n'est pas présente.

Exporter's name/ Nom de l'exportateur : space

Exporter's address/ Adresse de l'exportateur : space

Description of product/ Description du produit : space

Quantity-species-common name/ Quantité-Espèce-Nom Commun : space

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Name of exporter (printed)/
Nom de l'exportateur (caractères d'imprimerie)

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Exporter identification number/
Numéro d'identification de l'exportateur

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Signature of exporter/
Signature de l'exportateur

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Date

Date modified: