Animal and Plant Health Inspection Service, USDA Pt. 301, Subpt., App.

§ 301.81–10 Costs and charges. infest the articles. Used soil-moving equip- ment, such as bulldozers, dirt pans, motor The services of the inspector during graders, and draglines, are difficult to clean normal business hours will be furnished sufficiently to eliminate pest risk. without cost to persons requiring the Precaution: Steam may remove loose paint services. The United States Depart- and usually is not recommended for use on ment of Agriculture will not be respon- equipment with conveyor belts and rubber sible for any other costs or charges. parts. 2. Hay and Straw APPENDIX TO SUBPART—IMPORTED FIRE ANT Baled hay and straw stored in direct con- tact with the ground is ineligible for move- III. Regulatory Procedures ment. A. Instructions to Inspectors. Inspectors 3. Plants—Balled or in Containers must know and follow instructions in the PPQ Treatment Manual, the pesticide label, a. Emulsifiable chlorpyrifos. Material: Emulsifiable chlorpyrifos—Im- and exemptions (Section 18 or 24 (c) of mersion and drench treatments (post-har- FIFRA) for the treatment or other proce- vest): any Environmental Protection Agency dures used to authorize the movement of reg- (EPA) registered formulation is acceptable. ulated articles. These will serve as a basis Dosage: for explaining such procedures to persons in- terested in moving articles affected by the Amount of formulation to make quarantine. Inspectors shall furnish com- Chlorpyrifos formulation 100 gallons of treating solution pleted information to anyone interested in moving regulated articles. 1 EC ...... 16 fl. oz. (472 ml). 2 EC ...... 8 fl. oz. (236 ml). If there are questions concerning a par- 4 EC ...... 4 fl. oz. (118 ml). ticular treatment, contact your supervisor. B. Authorized Chemicals. The following Exposure Period: Plants can be certified im- chemicals are authorized for the treatment mediately upon completion of treatment of regulated articles under the IFA quar- Certification Period: 30 days. antine: Precautions: Dwarf yaupon may show phytotoxicity to chlorpyrifos. INSECTICIDES b. Bifenthrin. Bifenthrin (Talstar ®) (i) Bifenthrin: Drench and Topical Applica- Chlorpyrifos (Dursban ®) tions. Diazinon Material: Bifenthrin—drench of container- Fenoxycarb (AWARD ®) ized nursery stock or topical application to Fipronil (Chipco ®) 3- or 4-quart containerized nursery stock fol- Hydramethylnon (AMDRO ®) lowed by irrigation with water. Methoprene (Extinguish ®) Dosage: Dosage rate is 25 ppm. The amount Pyriproxyfen (Distance ®) of formulation needed to achieve 25 ppm var- Tefluthrin (FIREBAN ®) ies with the bulk density of the soil or pot- C. Approved Treatments. ting media. Follow label directions to cal- culate the amount of formulation needed to 1. Equipment—Used Soil-Moving achieve 25 ppm. Exposure period: Containerized nursery Methods: Used soil-moving equipment is el- stock can be certified immediately upon igible for movement when an inspector de- completion of the treatment. termines that one of the following proce- Certification period: 180 days. dures has been done: (ii) Bifenthrin: Granular Formulation a. It has been brushed free of noncom- Material: Granular bifenthrin—incorpora- pacted soil; tion into soil or potting media for container- b. It has been washed free of noncompacted ized nursery stock. soil; or Dosage: The amount of granular bifenthrin c. Noncompacted soil has been removed needed to achieve a specified dosage varies with air pressure equipment using compres- with the bulk density of the soil or potting sors designed specifically for this purpose. media. Follow label directions to calculate Such compressors must provide free air de- the amount needed to achieve a specified livery of no less than 30 cubic feet per dosage. minute at 200 pounds per square inch. Certification Period: As long as kept free of Granular Bifenthrin Dosage (parts per Certification Period noncompacted soil. million) (months after treat- Limitations: Regardless of the type of clean- ment) ing equipment used, all debris and noncom- 10 ppm ...... 0–6 months. pacted soil must be removed unless it is 12 ppm ...... 0–12 months. steam-heated by a ‘‘steam jenny’’ to dis- 15 ppm ...... 0–24 months.

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or plastic containers with drain holes prior Granular Bifenthrin Dosage (parts per Certification Period million) (months after treat- to immersion Immerse soil balls and con- ment) tainers, singly or in groups, so that soil is 25 ppm ...... Continuous. completely covered by solution. Plants must remain in solution until bubbling ceases. Exposure Period: Containerized nursery Plant balls should have space between them stock can be certified immediately upon when grouped in trays, baskets, or other dip- completion of the treatment. ping containers. After removal from dip, c. Tefluthrin: Granular Formulation. plants may be set on drainboard until ade- Material: Granular tefluthrin—incorpora- quately drained. tion into soil or potting media for container- Thorough saturation of the plant balls or con- ized nursery stock. tainers with the insecticide solution is essential. Dosage: The amount of granular tefluthrin As treating progresses, freshly prepared needed to achieve a specified dosage varies treating mixture should be added to main- with the bulk density of the soil or potting tain liquid at immersion depth. Dispose of media. Follow label directions to calculate tank contents 8 hours after mixing. Clean the amount of granular tefluthrin needed to tank before recharging. Disposal must com- achieve a specified dosage. ply with State and local regulations. Precautions: Runoff of the solution from Certification period Granular tefluthrin dosage (parts per (months after treat- the treatment area should not be permitted. million) ment) Excess solution (and used solution) must be disposed of in accordance with State and 10 ppm ...... 0–18 months. local regulations. 25 ppm ...... Continuous. Method B—Drench Exposure period: Containerized nursery stock can be certified for interstate move- Equipment ment from quarantined areas immediately upon completion of the treatment. 1. A large-capacity bulk mixing tank, ei- d. Fipronil: Granular Formulation. ther pressurized or gravity-flow for mixing Material: Granular fipronil incorporation and holding the insecticide solution. into soil or potting media for containerized 2. Properly equipped hoses and watering nursery stock. nozzles that can be attached to the mixing Dosage: The amount of granular fipronil tank and used to thoroughly saturate the needed to achieve a specified dosage varies plant balls with the insecticide solution. with the bulk density of the soil or potting media. Follow label directions to calculate Procedure the amount of granular fipronil needed to 1. Plants Balled with Burlap—Apply the achieve a specified dosage. chlorpyrifos solution as a substitute for plain water to the plants during the routine Granular fipronil dosage Certification period (parts per million) (months after treatment) watering activities. Do not remove burlap wrap from plants prior to treatment. Treat 10 ppm ...... 0–6 months. plants singly or in groups with the 12 ppm ...... 0–12 months. chlorpyrifos solution to the point of runoff 15 ppm ...... 0–24 months. 25 ppm ...... Continuous. on a twice daily schedule for 3 consectutive days. Exposure Period: Containerized nursery The above treatment should be carried out stock can be certified for interstate move- in a well-ventilated place normally used to ment from quarantined areas 2 weeks after maintain plants prior to shipment. The completion of treatment. treatment will be enhanced by adding any e. General requirements for emulsifiable agricultural wetting agent such as Ortho– chlorpyrifos, bifenthrin, tefluthrin, or 77 ®, Tronic ®, Tecowet ®, etc., to the fipronil. chlorpyrifos solution at the labeled rate Conditions and Type of Soil: Any friable soil (usually 1⁄2 pint per 100 gallons of water). may be treated. 2. Containerized Plants—Apply the bifenthrin or chlorpyrifos solution to the Method A—Immersion point of saturation one time only. The vol- ume of the treating solution must be at least Equipment 1⁄5 (20%) of the volume of the container. 1. A watertight container for mixing the Precautions: Thorough saturation of the treating solutions. plant balls or containers with the insecticide 2. Open-top, watertight container suffi- solution is essential. Runoff of the solution ciently large to accommodate the treating from the treatment area should not be per- solution and plants. mitted. Excess solution (and used solution) Procedure: Locate immersion tank in well- must be disposed of in accordance with State ventilated place. Do not remove burlap wrap and local regulations.

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Method C—Topical Application 4. Imported-Fire-Ant-Free Nursery— Containerized Plants Only Apply bifenthrin according to the label in- structions for topical application. The meth- This detection, control, exclusion, and en- od may be used only with nursery stock in 3- forcement program is designed to keep nurs- and 4-quart containers. Penetration of the eries free of the imported fire ant and pro- pesticide in larger containers does not pro- vides a basis to certify containerized nursery vide sufficient residual activity. stock for interstate movement. Irrigate all treated containers with 1.5 Participating regulated establishments inches of water following application. must be operating under a compliance agree- ment. Such compliance agreements shall Precautions: Runoff of the solution from state the specific requirements that a ship- the treatment area should not be permitted. per agrees to follow to move plants in ac- Excess solution (and used solution) must be cordance with the requirements of the pro- disposed of in accordance with State and gram. Certificates and a nursery identifica- local regulations. tion number may be issued to the nursery for Manufacture of the 10WP (wettable pow- use on shipments of regulated articles. der) formulation was discontinued in 1998; however, the EPA will allow this product to Detection be utilized until supplies are exhausted. A successful treatment program depends Method D—Granular Incorporation upon early detection of imported fire ant (Bifenthrin) colonies. Nursery owners are required to sur- vey visually their entire premises twice Apply bifenthrin according to the label in- monthly for the presence of imported fire structions for granular incorporation. Mix ants. thoroughly to distribute product evenly Nurseries participating in this program throughout the soil or potting media. After will be inspected by Federal or State inspec- potting, containers must be watered to the tors at least twice per year. More frequent point of saturation. inspections may be necessary depending Precautions: Saturation of the soil or pot- upon imported fire ant infestation levels im- ting media with the granular bifenthrin is mediately surrounding the nursery, the thor- essential. Water that drains from the treat- oughness of nursery management in main- ment area, which may contain bifenthrin, taining imported-fire-ant-free premises, and must be disposed of in accordance with State the number of previous detections of im- ported fire ants in or near containerized and local laws. plants. Inspections by Federal and State in- Method E—Granular Incorporation spectors should be more frequent just before (Tefluthrin) and during the peak shipping season. Any nurseries determined during nursery inspec- Apply tefluthrin according to the label di- tions to have imported fire ant colonies must rections for granular incorporation. Mix be immediately treated to the extent nec- thoroughly to distribute the granular essary to eliminate the colonies. tefluthrin evenly throughout the soil or pot- ting media. After potting, containers must Control be watered to the point of saturation. Nursery plants that are shipped under this Precautions: Saturation of the soil or pot- program must originate in a nursery free of ting media with the tefluthrin is essential. imported fire ant. Nursery owners must im- Water that drains from the treatment area, plement a treatment program with reg- which may contain tefluthrin, must be dis- istered bait and contact insecticides. The posed of in accordance with State and local premises, including growing and holding laws. areas, must be maintained free of the im- ported fire ant. As part of this treatment Method F—Granular Incorporation (Fipronil) program, all exposed soil surfaces (including sod and mulched areas) on property where Apply fipronil according to the label in- plants are grown, potted, stored, handled, structions for granular incorporation. Mix loaded, unloaded, or sold must be treated thoroughly to distribute product evenly with a broadcast application of throughout the soil or potting media. After hydramethylnon (AMDRO ®), fenoxycarb potting, containers must be watered to the (AWARD ®), pyriproxyfen (Distance ®), or point of saturation. methoprene (Extinguish ®) baits at least once Precautions: Saturation of the soil or pot- every six months. The first application is ting media with the granular fipronil is es- more effective when applied early in the sential. Water that drains from the treat- spring. An early spring bait application pro- ment area, which may contain fipronil, must vides control before alate queens are pro- be disposed of in accordance with State and duced or have time to establish new colonies. local laws. Follow label directions for use.

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When properly used, baits are between 80 jacent or nearby infested premises. The dos- percent and 90 percent effective. Follow-up age rate is variable, determined by the se- treatments with a contact insecticide must lected certification period, for the granular be applied to eliminate all remaining colo- fipronil. nies. Mound drench treatments with a reg- Apply this treatment according to the istered formulation of chlorpyrifos or label directions. diazinon are approved. Follow label direc- Mixing must be adequate to blend the re- tions for use. quired dosage of granular fipronil through- out the entire soil or potting media. Exclusion Bifenthrin Enforcement For plants grown on the premises: Treat- The nursery owner shall maintain records ment of potting media with granular, of the nursery’s surveys and treatments for flowable, or wettable powder formulation of the imported fire ant. These records shall be bifenthrin prior to planting is required. This made available to State and Federal inspec- treatment reduces the risk of infestation of tors upon request. containers by alate queens flying in from ad- If imported fire ants are detected in nurs- jacent or nearby infested premises. The dos- ery stock during an inspection by a Federal age rate for granular bifenthrin is variable or State inspector, issuance of certificates and is determined by the certification period for movement shall be suspended until nec- selected; for flowable bifenthrin it is 25 ppm; essary treatments are applied and the plants for wettable powder it is 25 ppm. and nursery premises are determined to be Apply this treatment according to the free of the imported fire ant. A Federal or label instructions. State inspector may declare a nursery to be Mixing must be adequate to blend the re- free of the imported fire ant upon reinspec- quired dosage of pesticide throughout the en- tion of the premises. This inspection must be tire potting soil mixture. conducted no sooner than 30 days after treat- For plants received from outside sources: ment to ensure its effectiveness. During this To prevent the spread into a nursery free of period, certification may be based upon the the imported fire ant by newly introduced, drench or immersion treatment provided in infested nursery plants, all plants must be: (a) Obtained from nurseries free of im- paragraph III.C.3. of this appendix, titled ported fire ant that are certified under a ‘‘Plants—Balled or in Containers.’’ compliance agreement; or Upon notification by the department of ag- (b) Treated with bifenthrin drench upon de- riculture in any State of destination that a livery in accordance with this appendix confirmed imported fire ant infestation was (III.C.3.b), and within 180 days be either: found on a shipment from a nursery consid- (1) Repotted in treated potting soil media, ered free of the imported fire ant, the depart- (2) Retreated with bifenthrin drench, im- ment of agriculture in the State of origin mersion, or topical application (III.C.3.b) at shall cease its certification of shipments 180-day intervals, or from that nursery. An investigation by Fed- (3) Shipped. eral or State inspectors will commence im- Tefluthrin mediately to determine the probable source For plants grown on the premises: Treat- of the problem and to ensure that the prob- ment of soil or potting media with granular, lem is resolved. If the problem is an infesta- flowable, tefluthrin prior to planting is per- tion, issuance of certification for movement mitted as an alternative to treatment with on the basis of imported-fire-ant-free prem- granular or wettable powder formulation of ises will be suspended until treatment and bifenthrin. This treatment reduces the risk elimination of the infestation is completed. of infestation of containers by alate queens Reinstatement into the program will be flying in from adjacent or nearby infested granted upon determination that the nursery premises. The dosage rate is variable, deter- premises are free of the imported fire ant, mined by the selected certification period, and that all other provisions of this subpart for the granular tefluthrin. are being followed. Apply this treatment according to the In cases where the issuance of certificates label directions. is suspended through oral notification, the Mixing must be adequate to blend the re- suspension and the reasons for the suspen- quired dosage of granular tefluthrin through- sion will be confirmed in writing within 20 out the entire soil or potting media. days of the oral notification of the suspen- Fipronil sion. Any person whose issuance of certifi- For plants grown on the premises: Treat- cates has been suspended may appeal the de- ment of soil or potting media with granular cision, in writing, within 10 days after re- fipronil prior to planting is permitted as an ceiving the written suspension notice. The alternative to treatment with granular for- appeal must state all of the facts and reasons mulations of bifenthrin or tefluthrin. This that the person wants the Administrator to treatment reduces the risk of infestation of consider in deciding the appeal. A hearing containers by alate queens flying in from ad- may be held to resolve any conflict as to any

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material fact. Rules of practice for the hear- Exposure Period: 30 days. Plants can be cer- ing will be adopted by the Administrator. As tified 30 days after treatment. soon as practicable, the Administrator will Certification Period: 12 weeks. grant or deny the appeal, in writing, stating Special Information: This in-field treatment the reasons for the decision. is based on a sequential application of Violations of the quarantine shall be inves- fenoxycarb (AWARD ®), hydramethylnon tigated by Federal or State inspectors and (AMDRO ®), pyriproxyfen (Distance ®), or appropriate penalties will be assessed to dis- methoprene (Extinguish ®) followed by courage further violations. chlorpyrifos. The combination treatment is This imported-fire-ant-free nursery pro- necessary since broadcast application of gram is not mandatory for movement of reg- chlorpyrifos (or other short-term residual in- ulated articles. Plants, balled or in con- secticides) usually does not eliminate large, tainers, may otherwise be certified for move- mature IFA colonies, and no bait, including ment using the chlorpyrifos, bifenthrin, fenoxycarb (AWARD ®) hydramethylnon tefluthrin, or fipronil treatments described (AMDRO ®), pyriproxyfen (Distance ®), or in paragraph III.C.3 of this appendix, titled methoprene (Extinguish ®), is capable of pro- ‘‘Plants, Balled or in Containers.’’ However, viding a residual barrier against reinfesta- certification for movement under the im- tion by new queens. Therefore, the ported-fire-ant-free nursery program will be fenoxycarb (AWARD ®) hydramethylnon granted only if all of the provisions of this (AMDRO ®), pyriproxyfen (Distance ®), or subpart are followed. methoprene (Extinguish ®) application will Certification Period: Continuous as long as drastically reduce the IFA population while all provisions of the imported-fire-ant-free chlorpyrifos, applied approximately 5 days nursery program are followed. later, will destroy any remaining weakened colonies and also leave a residual barrier 5. Field-Grown Woody Ornamentals (In-Field against reinfestation by new queens for at Treatment Prior to Harvest) least 12 weeks. Material: Chlorpyrifos used in combination 6. Blueberries and Other Fruit and Nut ® with fenoxycarb (AWARD ), Nursery Stocks hydramethylnon (AMDRO ®), pyriproxyfen (Distance ®), or methoprene (Extinguish ®) Certain States have special local need la- fire ant bait. beling in accordance with section 24(c) of Dosage: Fenoxycarb (AWARD ®), FIFRA for D-z-n ® Diazinon AG-500 and D-z- hydramethylnon (AMDRO ®), pyriproxyfen n ® Diazinon 50W, which APHIS will recog- (Distance ®), or methoprene (Extinguish ®) at nize as a regulatory treatment for container- 1.0–1.5 lb (0.45–0.68 kg) bait/acre. Chlorpyrifos ized nonbearing blueberries and fruit and nut at 6.0 lb (2.7 kg) a.i./acre. plants. Follow label directions for use. Method: Apply fenoxycarb (AWARD ®), 7. Plants—Greenhouse Grown hydramethylnon (AMDRO ®), pyriproxyfen (Distance ®), or methoprene (Extinguish ®) Greenhouse grown plants are certifiable only when ants are actively foraging (follow without treatment if the inspector deter- EPA-approved label directions for use). mines that the greenhouse is constructed of Broadcast application with any type of fiberglass, glass, or plastic in such a way equipment that can be calibrated to deliver that IFA is physically excluded and cannot 1.0–1.5 lb (0.45–0.68 kg) of bait per acre. Three become established within the enclosure. No to five days after the fenoxycarb (AWARD ®), other treatment of the plants will be nec- hydramethylnon (AMDRO ®), or pyriproxyfen essary if they are not exposed to infestation. (Distance ®) application, apply chlorpyrifos broadcast at 6.0 lb (2.7 kg) a.i. per acre. 8. Grass—Sod Treatment area must extend at least 10 feet Material beyond the base of all plants that are to be certified. a. Chlorpyrifos.

Amount and dosage of mate- Material rial Certification period

Chlorpyrifos ...... 8.0 lb (3.6 kg) a.i./acre ...... 6 weeks (after exposure period has been completed).

Exposure Period: 48 hours. 2. Immediately after treatment, water the treated areas with at least 1⁄2 inch of water. Method Chlorpyrifos wettable powder Dursban ® 50– 1. Apply a single broadcast application of WP: Follow label directions for regulatory chlorpyrifos with ground equipment. treatment for IFA. b. Fipronil.

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Amount and dosage of Material material Certification period

Fipronil ...... Dosage per application: 20 weeks (after exposure period has been com- 0.0125 lb (0.00567 kg) pleted). a.i./acre. Total amount over two applications: 0.025 lb (0.01134 kg) a.i./acre.

Exposure Period: 30 days from the second 1. All applicable Federal, State, and local application. environmental laws and regulations must be followed. Method 2. Safety equipment and clothing, as speci- 1. Apply in two applications approximately fied by the label instructions, must be used 1 week apart for a total of 0.025 lb (0.01134 kg) and worn during treatments and during in- a.i./acre. spections. 2. Follow label directions for regulatory 3. Safety practices shall be communicated, treatment for IFA. and regulated establishment managers must require that on-the-job safety practices be 9. Soil—Bulk followed. 4. All pesticides must be applied, handled, Method: Bulk soil is eligible for movement stored, and used in accordance with label in- when heated either by dry or steam heat structions. after all parts of the mass have been brought 5. Empty pesticide containers must be dis- to the required temperature. posed of in accordance with Federal and Temperature: 150 °F (65.5 °C). State regulations. Certification Period: As long as protected 6. Pesticide remaining in containers after from recontamination. completion of an application must be re- 10. Soil Samples tained and disposed of in accordance with label instructions and Federal and State reg- Soil samples are eligible for movement ulations. when heated or frozen as follows: 7. Oral or written warning must be pro- vided to workers and the general public, in- Heat dicating pesticide application areas during Method: Soil samples are heated either by application and appropriate reentry periods. dry heat or steam heat. All parts of the mass 8. Owners/managers of regulated properties must be brought to the required tempera- must take precautions to limit access by the ture. public, livestock, and wildlife to treated Temperature: 150 °F (65.5 °C). areas. Certification Period: As long as protected 9. Accidental spill or water runoff of liquid from recontamination. or granular pesticides leading to potential contamination of ground and surface waters Cold must be minimized by appropriate operating Method: Soil samples are frozen in any procedures. Catchment facilities (temporary commercial cold storage, frozen food locker, or permanent) adequate to prevent contami- or home freezer capable of rapidly reducing nation of ground and surface water are nec- to and maintaining required temperature. essary in loading areas where liquid drenches Soil samples will be placed in containers, and immersions are applied. such as plastic bags—one sample per bag. 10. An environmental monitoring plan, in- The containers will be arranged in the freez- cluding monitoring procedures, must be im- er in a manner to allow the soil samples to plemented by APHIS. Monitoring must be freeze in the fastest possible time. If desired, conducted to determine if additional mitiga- the frozen samples may be shipped in one tive measures are necessary. carton. [57 FR 57327, Dec. 4, 1992, as amended at 58 Temperature: ¥10° to ¥20 °F (¥23° to ¥29 FR 57954, Oct. 28, 1993; 59 FR 48779, Sept. 23, °C) for at least 24 hours. 1994; 59 FR 67609, Dec. 30, 1994; 62 FR 30740, Certification Period: As long as protected June 5, 1997; 64 FR 27659, May 21, 1999; 64 FR from recontamination. 57970, Oct. 28, 1999; 64 FR 60334, Nov. 5, 1999; D. Mitigative Measures. The following meas- 65 FR 30341, May 11, 2000; 67 FR 58685, Sept. ures are required to minimize impact on the 18, 2002; 68 FR 59308, Oct. 15, 2003] environment and human health. Any person requesting certification to authorize the movement of regulated articles must adhere Subpart—Unshu Oranges to these measures where applicable. [Reserved] 110

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