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Prevention and Control of Apple Maggot Regulations

made under Section 124 of the

Agriculture and Marketing Act

R.S.N.S. 1989, c. 6

O.I.C. 2002-373 (August 16, 2002), N.S. Reg. 107/2002

as amended by O.I.C. 2013-241 (July 23, 2013), N.S. Reg. 264/2013


Citation

1     These regulations may be cited as the Prevention and Control of Apple Maggot Regulations.


Definition

2     In these regulations “apple maggot” means Rhagoletis pomonella (Walsh).


Registration and inspection of control zone for exporting orchard

3     If apples from a commercial apple orchard are to be exported, the control zone with respect to the orchard shall be

 

                (a)    registered with the agrologist; and

 

                (b)    inspected annually by an inspector.

 

4     The procedure for the annual inspection required pursuant to Section 3 shall

 

                (a)    be determined by the agrologist; and

 

                (b)    be at a time and to a standard that will qualify the inspection as the pre-harvest inspection required by the Canadian Food Inspection Agency to certify apples for export.


Methods of control

5     (1)    If apple maggot is found on or in any vegetation within a control zone, the owner or occupant of the land shall implement a method or methods of control set out in subsection (2), as determined by the inspector.

 

       (2)    The methods of control of apple maggot shall be implemented using proven procedures as determined by the agrologist, and are as follows:

 

                (a)    removal or destruction of any vegetation and its root system, including any infested tree and root system;

 

                (b)    treatment with an insecticide registered under the Pest Control Products Act (Canada), applied by a certified person at the appropriate application rate and dates;

 

                (c)    intensive use of appropriate apple maggot traps;

 

                (d)    destruction of the infested fruit;

 

                (e)    removal of the infested fruit from the control zone; or

 

                (f)    using the infested fruit for animal feed.


Issuance of destruction order

6     (1)    If an inspector issues a destruction order to destroy vegetation infested with apple maggot, the destruction shall be in a manner that is reasonable and efficient for the control of apple maggot for the particular situation.

 

       (2)    If a method of control referred to in clauses 5(2)(b) to (f) is implemented and the inspector, conferring with the owner or occupant, determines that it is not effective in the control of apple maggot, the inspector may issue a destruction order.

 

(3)A destruction order shall be in Form 1.


Infestation outside control zone

7     If an inspector determines that there is an apple maggot infestation in an area that is outside of a control zone and it has the potential to infest vegetation within a control zone, the inspector may

 

                (a)    conduct an inspection in accordance with the inspection procedure determined by the agrologist; or

 

                (b)    require the owner or occupant to implement a method of control set out in subsection 5(2).


Cost of prevention and control

8     The cost for the prevention and control of apple maggot shall be paid by the owner or occupant of the land.


Inspector’s remuneration

9     (1)    The remuneration to be paid to an inspector by the Minister for performing the duties of an inspector shall be $125.28 per day.

Subsection 9(1) amended: O.I.C. 2013-241, N.S. Reg. 264/2013.

 

       (2)    In addition to the remuneration set out in subsection (1), reasonable travelling and related expenses that are necessarily incurred by an inspector in carrying out the duties of an inspector shall be paid to the inspector in accordance with the established guidelines approved for civil servants pursuant to the Civil Service Act.



Form 1

Destruction Order

for Vegetation Infested with Apple Maggot


(Part XIII, Agriculture and Marketing Act)


 

To                                                                                                                                              

(full name of owner/occupant of land)

 

 

(mailing address/province/postal code)

 

Copy to                                                                                                                                      

(full name of land owner - assessment roll, if different from above)

 

 

(mailing address/province/postal code)


Under Part XIII of the Agriculture and Marketing Act, you are hereby ordered to destroy the infested vegetation, described as follows:


______________________________ found on the land owned or occupied by you

located at                                                                                                                                   .

                         (civic address)                                                (name of municipality)


The destruction must be carried out no later than _____________, 20__, ____ (insert

number not less than 7) days from the date of this Order.


Dated at _______________________, _______________________, 20____.

 

 

(telephone number)                                                                       (signature of inspector)

 

Inspector’s name:                                                                                                                      

 

Mailing address:                                                 Postal code: