Regulation to combat San Jose-Schildlaus

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SchildlV

Date of completion: 20.04.1972

Full quote:

" Regulation to combat the San Jose-Schildlaus of 20 April 1972 (BGBl. 629), as last amended by Article 12 of the Regulation of 10 June 2008. October 2012 (BGBl. 2113). "

Status:

Last amended by Art. 12 V v. 10.10.2012 I 2113

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.6.1989 + + +) Unofficial table of contents

Input formula

On the basis of § 3 (1) No.1, 3, 5, 7, 8, 12 and 13 of the Plant Protection Act of 10 May 1968 (Bundesgesetzbl. 352), as last amended by the Law amending the Plant Protection Act of 27 July 1971 (Bundesgesetzbl. 1161), is decreed in agreement with the Federal Minister for Youth, Family and Health with the approval of the Federal Council: Unofficial table of contents

§ 1

(1) The competent authority shall be responsible for the occurrence and suspicion of the occurrence of the San Jose-Schildlaus (Quadraspidiotus perniciosus Comst.) and the owners of host plants other than fruits and seeds, indicating the presence of the fruit and seeds of the host plant. (2) Anyone who attracts or distributes host plants shall be obliged to report these plants to the competent authority, specifying the nature and location or place of storage of such plants, provided that such information is reported to the competent authority (3) host plants are plants of the genera Acer L., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Euonymus L., Fagus L., Juglans L., Ligustrum L., Malus Mill., Populus L., Prunus L., Pyrus L., Ribes L., Rosa L., Salix L., Sorbus L., Syringa L., Tilia L., Ulmus L., and Vitis L... Unofficial table of contents

§ 2

If the occurrence of the San Jose-Schildlaus is detected, the competent authority shall depart from the affected area. It also borders a security zone around the affected area, taking into account the local conditions, as far as this is necessary for the protection of the neighbouring area. Unofficial table of contents

§ 3

In the affected areas and in the safety zones, the right of disposal and the owners of host plants shall be obliged to combat the San Jose-Schildlaus on the host plants without regard to their actual existence, unless the competent authority combats the San Jose-Schildlaus, or establishes that other measures ensure adequate control. Unofficial table of contents

§ 4

(1) Planned plants shall be destroyed if they are in nurseries or other crops in which host plants are grown, intended for transplantation, reproduction or distribution as rooted plants. (2) All other plants. (3) The infested plants, which grow in a infected area, are to be treated in such a way that these plants, including their fresh fruit, are no longer infested if they are distributed. (3) The Area of growing host plants and the separated parts of these plants, which are Reproduction may only be transplanted within the affected area or transferred from that territory if the competent authority has not detected an infestation on them and if they have also been treated in such a way that the about existing San Jose reeds are destroyed. (4) A plant is considered to be incumbable if at least one San Jose-Schildlaus is located, which is not proven to be dead. Unofficial table of contents

§ 5

(1) If an infestation is found in parts of plants which are not rooted in the soil, including fresh fruit, the infested plants are to be destroyed. The remaining plants must be treated or processed in such a way that the still existing San Jose-Schildläuse will be destroyed. (2) Paragraph 1 shall not apply to lots of fresh fruit with a slight infestation. Unofficial table of contents

§ 6

The competent authority shall abolic the demarches in accordance with § 2 if it does not detect any infestation in the event of a re-examination. Unofficial table of contents

§ 7

The breeding and holding of the San Jose-Schildlaus as well as the work with this harmful organism are prohibited. Unofficial table of contents

§ 8

The competent authority may:

1.

approve, in individual cases, exemptions from § § 3 to 5 (1) and § 7 for scientific investigations and trials and for breeding projects,

2.

by way of derogation from § 4 (2) and § 5 (1), authorise the immediate processing of infested fresh fruit or the selling of such fruit within the area of the infestation,

in so far as this does not affect the control of the San Jose Shield, and there is no risk of spreading this harmful organism. Unofficial table of contents

§ 9

This is without prejudice to the power of the Land governments to enact supplementary and further regulations to combat the San Jose-Schildlaus by means of a regulation in accordance with Section 3 (3) of the Plant Protection Act and to further delegate this power. Unofficial table of contents

§ 10

Contrary to the provisions of Section 68 (1) (3) (a) of the Plant Protection Act, who intentionally or negligently acts

1.

Contrary to § 1, the notification shall not, not immediately, not properly or not fully reimbursed,

2.

Contrary to § 3, the San Jose-Schildlaus is not combated,

3.

not destroy plants infested with § 4 (1) or § 5 (1) sentence 1,

4.

is not treated in the prescribed manner contrary to Article 4 (2) plants,

5.

, contrary to § 4 (3) of the host plant or the separated parts of these plants, or spoil it from an infestation area,

6.

is not treated or processed in the prescribed manner in accordance with the second sentence of Article 5 (1),

7.

Contrary to § 7, the San Jose-Schildlaus breeds or holds or works with it, or

8.

a fully-enforceable edition connected with a permit pursuant to § 8.

Unofficial table of contents

§ 11

This Regulation shall enter into force on the day after the date of delivery. Unofficial table of contents

Final formula

The Federal Minister for Food, Agriculture and Forestry