Source: OAR 603-051-0950 to 603-051-0975
Oregon Administrative Rules, 1999 Compilation

Certification of Caneberry Nursery Stock

603-051-0950

Declaration of Policy

(1) Certification of caneberry nursery stock is a function of state government, the responsibilities of which will be conducted as a cooperative effort between the Department and the school in keeping with the provisions of ORS 633.620 to 633.660 and statutes related thereto. The Department shall be responsible for certification as to the freedom of plants from insects, pests, and diseases while the school shall be responsible for certification as to varietal (cultivar) purity at all propagation levels.

(2) The acceptability of cultivars into the certification program will be based on described plant characteristics such as quality features and disease or pest resistance. Eligibility of cultivars shall be at the discretion of the Dean of the school.

Stat. Auth.: ORS 561.190, 571 & 632

Stats. Implemented: ORS Ch. 561 , 571 & 632

Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0955

Definitions

As used in these sections, unless the context requires otherwise:

(1) “Caneberry” means any cultivated Rubus species.

(2) “Certification” means the issuance of a certificate verifying that a particular quantity or lot of caneberry plants has been grown or propagated according to the provisions of OAR 603-051-0960.

(3) “Certified Block” means a planting of caneberry plants that are first year propagation from Registered Stock.

(4) “Certified Stock” means a class of caneberry plants that are first year or second year propagation from Registered Stock or first year propagation from first year Certified Stock.

(5) “Department” means the Oregon State Department of Agriculture.

(6) “Foundation Block” means a planting of Nuclear Stock caneberries for the production of Foundation Stock.

(7) “Foundation Stock” means a class of caneberry plants that have been produced in a Foundation Block.

(8) “Increase Block” means a planting of caneberry plants of Foundation Stock for the production of Registered or Certified Stock.

(9) “Index” means to test for systemic disease infection by making a graft with tissue from the plant to be tested to an indicator plant or by other means of detection.

(10) “Nuclear Stock” means caneberry plants of cultivars which were originally indexed and their clonal progeny which have been regularly reindexed and continuously protected from systemic disease infection by federal or state of Oregon agencies or plants from other states meeting standards established by the Dean of the School. Nuclear Stock is intended for planting in a Foundation Block.

(11) “Off-Type” means any volunteer caneberry plant or any caneberry plant different from the cultivar as stated on the application for certification.

(12) “Oregon Certified Caneberry Nursery Stock” means progeny plants propagated from Foundation, Registered, or Certified Stock and certified in accordance with these regulations.

(13) “Registered Stock” means a class of caneberry plants that are first year propagation from Foundation Stock produced in an Increase Block.

(14) “School” means the School of Agriculture, Oregon State University.

Stat. Auth.: ORS 561.190, 571 & 632

Stats. Implemented: ORS Ch. 561 , 571 & 632

Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0960

Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department, the school, or its employees as to the condition of caneberry nursery stock. The following requirements and conditions shall be met in order to qualify for consideration of certification of caneberry nursery stock:

(1) The applicant for such certification under these regulations shall be responsible for the selection of the location and the proper maintenance of a planting being grown. The applicant shall also be responsible for maintaining the identity of all said nursery stock. Land selected for the production of Foundation, Registered, or Certified Stock shall not have grown any solanaceous crop or any crop plant within the genus Rubus within the previous five years unless said plants were propagated in accordance with the provisions of these regulations. The selected site must be free of any evidence of the presence of Agrobacterium rubi or A. tumefaciens as indicated by the absence of:

(a) Overgrowths or tumors on crowns, roots, stems, or leaves; and of

(b) Excessive or abnormal development of organs with or without tumefactions;

(c) The presence of subsections (a) or (b) of this section on any known host plants in the site or within 30 feet will be cause for rejection. The Department or school shall be notified by the applicant in advance of the planting, replanting, or digging of caneberry nursery stock in order that necessary inspections may be made or approval granted prior to the performance thereof.

(2) Each planting shall be located in an area in which viruses or other systemic pathogens affecting caneberries are not prevalent and in which there is adequate isolation from plantings of caneberries producing fruit. Cultivars within a planting must be adequately separated in an approved manner. Prior to acceptance of the planting site one of the following procedures shall be
followed by the nurseryman:

(a) Present acceptable records to the Department of nematode sampling of the land in question which show that plant parasitic nematodes are not present in harmful quantities; or

(b) Fumigate the land in accordance with approved commercial practices compatible with current recommendations of the Oregon State University Extension Service.

(3) For inspection purposes, one percent of the plants or 12 plants, whichever is less, from a Foundation Block must be allowed to produce mature fruit. Such plants are not to be harvested for certification and shall be removed from the planting after inspection for trueness-to-name.

(4) Foundation Blocks shall be enclosed by an approved screenhouse. A minimum of three percent of the individual plants planted therein that will be used for further propagation shall be tested biennially by indexing. Progeny plants will be identified by clone numbers.

(5) Each planting shall be kept in a thrifty growing condition and pests shall be kept under intensive control. Diseased or off-type plants will be rogued. Because of the problem of development of seedlings in the planting and the opportunity for flower infection by certain viruses, flowers will not be allowed in certified plantings except for section (3) of this rule.

(6) For purposes of determining eligibility of caneberry nursery stock for certification in accordance with OAR 603-051-0590 of these regulations, the following shall apply:

(a) To be acceptable for a planting in a Foundation Block a plant shall be:

(A) Nuclear Stock; or

(B) Foundation Stock which is a progeny of a plant from a Foundation Block that was tested the previous season in a program of indexing acceptable to the Department; or

(C) Progeny of screenhouse grown Foundation Block plants removed from Nuclear plants by no more than four years. The adequacy of the applicant’s screenhouse shall be reviewed annually by the certifying agencies.

(b) To be acceptable for planting in an Increase Block, a plant shall be Nuclear or Foundation Stock;

(c) To be acceptable for planting in a Certified Block, a plant shall be Nuclear Stock, Foundation Stock, Registered Stock, or first-year Certified Stock. (See Diagram 1.);

(d) Caneberry plants in outdoor Increase Blocks shall be planted in rows not less than eight feet apart;

(e) No plant separated from Foundation Stock by more than three years of vegetative propagation shall be eligible for certification.

[ED NOTE: The Diagram referenced in this rule is not printed in the OAR Compilation. Copies are available from the Department of Agriculture.]

Stat. Auth.: ORS 561.190, 571 & 632

Stats. Implemented: ORS Ch. 561 , 571 & 632

Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0965

Procedures for Certification

(1) In accordance with OAR 603-051-0950 of these regulations, certification and the supervision of activities relating thereto shall be in the respective agencies. Inspection and testing procedures prescribed in these regulations may be made by the school, the United State Department of Agriculture, or the Department, and shall be conducted at such times and in such manner as is acceptable to the certifying agencies. The Department at the request of the school, may enforce certification standards established by the school.

(2) Plants propagated from Foundation Stock are eligible for tagging as Registered Stock for one year only.

(3) Plants propagated from Registered Stock are eligible for tagging as Certified Stock for two years only.

(4) Exceptions to sections (2) and (3) of this rule hereof may be made according to the discretion of the certifying agencies.

(5) Tags evidencing certification for varietal purity shall be issued by the Dean of the school, and tags certifying freedom from pests and diseases shall be issued by the Department, unless the two agencies agree to the use of a joint tag.

Stat. Auth.: ORS 561.190, 571 & 632

Stats. Implemented: ORS Ch. 561 , 571 & 632

Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0970

Application for Certification and Fees

(1) An application for certification shall be made on a form prescribed by the certifying agencies and shall be submitted sufficiently in advance of the time of planting so as to permit establishment of the origin of the planting stock, the determination of the suitability of location, and supervision of any treatment that may be required. The application shall include the consent of the applicant for the removal of plants from any planting for inspection or testing purposes.

(2) Fees charged by the certifying agencies for certification are payable at the time of the application and are for the sole purpose of defraying expenses incurred by the Department or school in the inspection, approval, or certification procedures provided for in these regulations, and payment thereof shall not be construed as granting any right or privilege to the applicant.

(3) The annual fees payable under this rule are:

(a) Screenhouse; Foundation Block — $100 for 20 plants or less; $1 for each additional plant;

(b) Field Planting; Increase Block — $30 per 1/4 acre or portion thereof;

(c) Field Planting; Certified Block — $30 per 1/4 acre or portion thereof;

(d) Greenhouse and Screenhouse; Increase or Certified Block — $50 per Block minimum. Such minimum would apply towards any special service charges.

Stat. Auth.: ORS 561.190, 571 & 632

Stats. Implemented: ORS Ch. 561 , 571 & 632

Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0975

Refusal or Cancellation of Certification

Certification may be cancelled in accordance with the following:

(1) Failure to meet or maintain the requirements of these regulations.

(2) Any Foundation or increase Block in which any of the following are found:

(a) Off-type plants;

(b) Non-thrifty plants;

(c) Crown or cane gall infection;

(d) An injurious systemic disease;

(e) Plants infected by anthracnose disease to the extent that serious loss or damage may result;

(f) Serious nematode injury;

(g) Evidence of insects injurious to transplants.

(3) Any Certified Block in which any of the following are found:

(a) More than 0.25 percent off-type plants;

(b) More than one percent non-thrifty plants;

(c) More than 0.1 percent injurious systemic disease;

(d) More than 0.1 percent crown and cane gall;

(e) Anthracnose infected plants to the extent that serious loss or damage may result;

(f) Serious nematode injury;

(g) Evidence of insects injurious to transplants.

Stat. Auth.: ORS 561.190, 571 & 632

Stats. Implemented: ORS Ch. 561 , 571 & 632

Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73