330 CMR 9.00 — Plant quarantines

330 CMR: DEPARTMENT OF AGRICULTURAL RESOURCES

330 CMR 9.00: PLANT QUARANTINES Section 9.01: Purpose 9.02: Black Currant Quarantine 9.03: Currant and Gooseberry Quarantine 9.04: Revocation of Licenses or Certificates

330 CMR 9.00 Plant quarantines

9.01 Purpose

9.01: Purpose The purpose of 330 CMR 9.00 is to prevent the spread of white pine blister rust, Cronartium ribicola, a disease affecting white pine trees.

9.02 Black Currant Quarantine

9.02: Black Currant Quarantine No person shall transport into or within the Commonwealth any black currant (Ribes nigrum) plant, root, scion, seed or cutting. This prohibition shall not apply to the transport, delivery, or possession of the fruit of black currant for the sole purpose of processing the fruit. In no event, however, shall the fruit of black currant be transported, delivered, or used for the purpose of extracting seed for planting.

9.03 Currant and Gooseberry Quarantine

9.03: Currant and Gooseberry Quarantine (1) No person shall transport into or within the Commonwealth any currant or gooseberry (Ribes spp.) plant, root, scion, seed or cutting unless a control area permit has been issued by the Department of Agricultural Resources. This prohibition shall not apply to the transport, delivery, or possession of the fruit of any currant or gooseberry for the sole purpose of processing the fruit. In no event, however, shall the fruit of red currants or gooseberries be transported, delivered, or used for the purpose of extracting seed for planting without a control area permit. (2) Control area permits will not be issued for any shipment with a destination in any of the following municipalities: Acton Cummington Haverhill Newburyport Alford Deerfield Hawley Norfolk Amesbury Dover Heath North Andover Andover Dracut Hubbardston North Reading Ashburnham Dunstable Huntington Northfield Ashby Duxbury Ipswich Norton Ashfield East Bridgewater Kingston Norwell Athol Easton Lakeville Orange Ayer Egremont Lancaster Otis Barre Erving Lee Pembroke Becket Essex Lenox Pepperell Berkley Foxboro Leverett Petersham Bernardston Freetown Leyden Phillipston Billerica Gardner Littleton Plainfield Blandford Georgetown Manchester Plymouth Bolton Gill Mansfield Plympton Boxboro Gloucester Marshfield Princeton Boxford Goshen Medfield Raynham Bridgewater Granville Merrimac Rochester Buckland Great Barrington Methuen Rowley Canton Greenfield Middleboro Royalston Carlisle Groton Middlefield Salisbury Carver Groveland Middleton Sandisfield Charlemont Halifax Millis Sharon Chelmsford Hamilton Montague Sheffield Chester Hanover Monterey Shelburne Chesterfield Hanson New Marlboro Shirley Colrain Hardwick New Salem Shutesbury Conway Harvard Newbury Southampton

330 CMR: DEPARTMENT OF AGRICULTURAL RESOURCES

9.03 continued

9.03: continued Stockbridge Tolland Warwick Westminster Stoughton Topsfield Wendell Whately Stow Townsend Wenham Williamsburg Sunderland Tyngsboro West Bridgewater Wilmington Taunton Tyringham West Newbury Winchendon Templeton Walpole Westford Worthington Tewksbury Wareham Westhampton Wrentham (3) If necessary, the Department of Agricultural Resources, in its sole discretion, shall amend this list following a review, which at a minimum shall occur every ten years. This review shall include, but not be limited to: consultation with the Department of Conservation and Recreation to determine whether the impact to significant stands of white pine (Pinus strobus) has changed; any mutations or other changes in the white pine blister rust fungus (Cronartium ribicola) that infects both currants and white pine; availability of rust-resistant varieties, cultivars, or hybrids of currants (Ribes spp.).

9.04 Revocation of Licenses or Certificates

9.04: Revocation of Licenses or Certificates The Department of Agricultural Resources, through its Commissioner or his or her designee (Commissioner), shall at any time have the power to withhold, suspend or revoke any Agent’s License or Grower’s Certificate for sufficient cause. Before withholding, suspending or revoking any License or Certificate, the Commissioner shall give written notice of a scheduled hearing, which shall be held under the informal rules of adjudicatory proceedings pursuant to M.G.L. c. 30A, to the applicant for, or holder of, such License or Certificate and give reasons for the intended adverse action. Said notice shall appoint a time of hearing before the Commissioner and shall be sent by registered or certified mail to the applicant for, or holder of, such License or Certificate. At the hearing, the applicant for, or the holder of, such License or Certificate may present evidence to the Commissioner. After hearing all the testimony, the Commissioner shall make a just and proper determination on withholding, suspending and/or revoking a License or Certificate. REGULATORY AUTHORITY 330 CMR 9.00: M.G.L. c. 128, § 27. (PAGES 71 THROUGH 74 ARE RESERVED FOR FUTURE USE)