Regulations
(under section 38)
The Citrus Plant (Certification) Regulation, 1999
Made by the Minister on the 7th day of (September, 1999)
[8th September, 1999]
Sections
The Jamaica Citrus Protection Agency
Application for and Registration of Nursery
Certification of Seed Source Tree
Parent Trees or Certified Scion Trees
1. These Regulations may be cited as the Citrus Plant (Certification) Regulations, 1999.
2. ( 1) For the purposes of these Regulations-
"Agency" means the Jamaica Citrus Protection Agency;
"appointed day" means the 8th day of September, 1999;
"budwood" means a portion of a stem or branch with a vegetative bud used in propagation for budding or grafting;
"budwood bundle" means an individually wrapped package of budwood cut from-
(a) a single parent tree;
(b) a single certified scion tree; or
(c) a group of quick multiplication block trees originating from either a single parent tree or certified scion tree;
"certified" means tested and found to be free from viruses, viroids, and other graft-transmissible diseases and horticulturally true-to-type;
"certified citrus tree" means a citrus tree propagated from budwood collected from a quick multiplication block tree, parent tree or certified scion tree;
"certified scion tree" means a tree originating from a parent tree or the same accession as a parent tree which has been tested and found negative for all graft-transmissible diseases and free of recognizable signs of disease symptoms, bud mutation, plant pests and protected from insect vectors, and is maintained by approved members of the Agency;
"certified seed source tree" means a tree that supplies seed and has been determined by the Agency to be apparently horticulturally true-to-type, and has been certified in accordance with regulation 1 1;
"citrus" means all fruit of the genus citrus and all citrus relatives;
"citrus blight" means a disease of unknown origin which causes chronic decline and loss of productivity in citrus trees;
"citrus cachexia viroid" also known as xyloporosis means a graft-transmissible disease that causes phloem deterioration and blockage, leading to decline, stunting, and crop reduction, in many mandarin, mandarin hybrid, citrus macrophylla, Wester, Rangpur lime, sweet lime trees and rootstocks;
"citrus exocortis viroid" means a graft-transmissible disease causing tree decline, stunting, and scaling of the rootstock bark, mainly in Poncirus trifoliata and many Poncirus trifoliata hybrids and other susceptible rootstock varieties;
"citrus tatter leaf virus" otherwise known as citrange stunt, means a graft-transmissible citrus disease, which causes graft-incompatibility and decline in trees on Poncirus trifoliata and many Poncirus trifoliata hybird rootstock;
"citrus tristeza virus" also known as "CTV" means a member of the closeterovirus group containing many strains which differ in their biological effects on their citrus host;
"citrus variegated chlorosis" also known as "CVC" means a disease caused by a graft-transmissible bacterium, Xylella fastidiosa, which causes chronic decline, stunting and reduction of yield and marketable fruit in sweet orange.
"citrus viroids" means viroids in groups I, 11, 111 and IV, in addition to citrus cachexia viroid and citrus exocortis viroid;
"clone" means an asexually reproduced cultivar or variety, or a group of genetically uniform trees that have been propagated vegetatively from a single, original tree;
"decline" means to become unthrifty or display loss of vigour due to disease, pests, weather conditions, or a variety of growth-limiting horticultural practices;
"graft-transmissible disease" means a disease agent spread by vegetative propagation, including known viruses, viroids, bacteria, spiroplasma, and other pathogens;
"greening" means a disease of citrus caused by a bacterium, characterized by phloem degeneration, leaf mottle, and production of small, lopsided fruit;
"grower" means a person who cultivates citrus, for his own use or for commercial purposes;
"gummosis" means a disease of unknown etiology characterized by bark cracks and gumming of scion bark;
"horticulturally true-to-type" means conforming to the description of a particular cultivar and originating from the same genetic line of descent as that cultivar;
"indexing" means any test which will consistentIy confirm the presence or absence of atransmissible pathogen or identify a disease, where the test is specific for the pathogen or disease;
"nursery" means any specific land, place, or site where certified citrus trees are propagated and sold;
"owner" includes the person receiving rent for land, (whether on his own account or as ag&t or representative for any other person) and the occupier of such land;
"parent tree" means a citrus tree, the property of and maintained by the Ministry, which was obtained as a pathogen-free accession from a clean stock programme that complies with the FAO/IPGRI Guidelines for the Safe Movement of Citrus Germplasm, or any other dean stock programme approved by the Minister on the recommendation of the Agency, which is protected from insect vectors, tested and found negative for all graft-transmissible diseases, and free of recognizable signs of disease symptoms, bud mutation, and plant pests;
"plant pest" means any species, strain, or biotype of plant, animal, or pathogenic agent, other than a beneficial organism, injurious to plants or plant products;
" psorosis complex of virus" means a combination ofthe viruses psorosis-A, psorosis-B, and ringspot, spread primarily by propagation using infected budwood, which induce bark-scaling, internal wood staining, ringspot, irregular chlorotic patterns in the foliage, or eventual tree decline;
"quick multiplication blocks" also known as "QMB" means specially designated nursery propagations meeting the requirements of these Regulations, made to multiply supplies of budwood rapidly for certified citrus tree production;
"rootstock" means a plant used as the recipient understock in budding or grafting;
"seed" means a genetic reproduction unit following sexual recombination, which is used for the production of rootstocks for citrus propagation;
"sell" includes to store for sale, or to give as a gift;
"stubborn" means a disease of citrus caused by the Spiroplasma citri, characterised by decline, warfing and production of small fruit;
"varietal block" means a group of at least five trees originating from the same parent tree, which has been planted for observation of horticultural traits.
(2) For the purpose of the definition of "citrus tristeza virus" the strains are -
(a) mild strains which cause very little damage to citrus trees with sour orange rootstock or on susceptible scions;
(b) severe strains which cause decline in citrus trees on sour orange rootstock or severe stunting of young trees;
(c) other strains which cause stem pitting and slow decline in certain scion varieties regardless of rootstock.
The Jamaica Citrus Protection Agency
3. (1) There shall be established an Agency to be known as the Jamaica Citrus Protection Agency.
(2) The Agency shall be responsible for the implementation of the mandatory citrus certification programme as detailed in the Regulations.
4. (1) The Minister may by order delegate any of his functions to the Agency as may be specified in the order and thereupon or from such date as may be specified in the order, the Agency shall have power to perform such functions.
(2) A delegation under paragraph (1) shall be revocable by the Minister by order and no delegation shall prevent the performance of any function by the Minister.
Application for and Registration of Nursery
5. (1) Subject to paragraph (9, any person who, being the owner of a nursery on the appointed day-
(a) intends to produce citrus trees; or
(b) intends to sell citrus trees, shall make an application to the Agency in the form set out as Form 1 in the First Schedule, for registration of the nursery.
(2) An application under paragraph (I) shall be accompanied by the appropriate non-refundable fee specified in the Second Schedule.
(3) The Agency shall, on receipt of an application under paragraph (I), cause an inspection of the nursery to be carried out and where the requirements specified in paragraph (4 )-
(a) have been met, the Agency shall issue the applicant with a certificate of registration in the form set out as Form 2 in the First Schedule; or Form 2
(b) have not been met, the Agency shall so inform the applicant in writing stating the requirements which have not been met.
(4) The requirements referred to in paragraph (3) are that-
(a) a suitable drainage system is provided to lead run-off irrigation water out of the nursery area;
(b) a suitable drainage system is provided to ensure that run-off water from other citrus plantings in the vicinity of the nursery is prevented from contaminating the nursery area;
(c) seed boxes and seedling containers are raised completely off the ground;
(d) there is an effective nematode-and phytophthora-control programme;
(e) all rootstock plants are grown in polyethylene bags or, other suitable containers;
(f) the soil or potting mix used in boxes, trays, bags, or containers-
(i) permits effective drainage;
(ii) is free from harmful pathogens; and
(iii) is not mixed or stored on a surface which is infested with soil pathogens;
(g) the roots of plants in containers do not come into contact with soil outside of the container; and
(h) budded seedlings are kept in rows with gaps between different budwood sources, with the first and last bag or container of seedlings budded from each budwood bundle in each row clearly labelled with the bud source, rootstock, and date of budding.
(5) Where on the appointed day a nursery does not satisfy the requirements specified in paragraph (4), the owner thereof shall within a period of one year from that date, take such action as is necessary to satisfy the requirements and shall thereupon apply to the Agency for registration of the nursery.
6. The owner of every registered nursery shall display the certificate of registration in a conspicuous place in the nursery.
7. A certificate of registration shall be valid for a period ending on the 30th day of June next after it is granted so, however, that if the period is less than one calender year, the application fee shall not be pro rated over that period.
8. (1) The owner of every registered nursery shall, in the month of May in every subsequent year after first registration, apply to the Agency for renewal of the registration of the nursery.
(2) The provisions of regulations 5 (2), (3) and (4), 6 and 7 shall apply to the renewal of registration of a nursery as they apply to registration of a nursery.
(3) Where a certificate of registration is renewed that certificate shall be valid for a period of one year from the 1st day of July in any year.
9. The Agency may cancel the registration of a nursery where an owner-
(a) knowingly sells citrus trees infested or infected with a pathogen;
(b) fails to maintain the nursery conditions specified in regulation 5(4);
(c) misrepresents nursery stock as being certified citrus trees; or
(d) in writing, requests the Agency to cancel the registration or the renewal of registration of the nursery.
10. A person shall not establish a nursery on a site which has not been free of citrus for the last three years.
Certification of Seed Source Tree
11. (1) A person who, on the appointed day is the owner of a citrus tree shall, within one year from that day make an application to the Agency in the form set out as Form 3 in the First Schedule for the tree to be certified as a seed source tree.
(2) Any person who, after the appointed day, is the owner of a citrus tree and is desirous of establishing that citrus tree as a seed source tree, shall apply to the Agency in the same manner as specified in paragraph (1).
(3) Where a tree is to be established as a seed source tree under paragraph (2), that tree must be vegetatively propagated from a parent tree or a certified scion tree.
(4) The Agency shall, upon receipt of an application accompanied by the appropriate fee specified in the Second Schedule, under paragraph (1) or (2), cause a visual inspection to be carried out of the prospective seed source tree and the trees surrounding it during fruiting, to determine whether the trees are free from bark and leaf symptoms of the psorosis complex of viruses, citrus blight, citrus viroids, decline, gummosis, or any other recognizable symptom of citrus diseases and that the prospective seed source tree is free of unacceptable
fruit mutation.
(5) If on an inspection under paragraph (4) the prospective seed source tree is found-
(a) to be satisfactory, the Agency shall, collect buds from the prospective seed source tree and index them for the psorosis complex of viruses;
(b) not to be satisfactory, the Agency shall so notify the applicant in writing stating the reasons therefor.
(6) If-
(a) the indexing under paragraph (5) (a) proves to be negative;
(b) the tree has bourne fruit which is horticulturally true-to-type and there is no evidence of bud mutation in the foliage;
(c) the tree is propagated from a parent tree or certified scion tree, the Agency may issue to the applicant a certificate in the form set out as Form 4 in the First Schedule, together with a numbered tag.
(7) A certificate issued under paragraph (6) shall be valid for a period of four years.
(8) The cost of indexing referred to in paragraph (5) (a) shall be born by the owner of the tree.
12. (1) No person shall sell citrus seeds in Jamaica unless the seeds are from a tree that has been certified as a seed source tree.
(2) A tree which has been certified as a seed source tree shall have its identification number clearly marked on the bark with a weather proof marker.
13. The holder of a certificate under regulation 11 (6) may, within three months before the expiry thereof, apply to the Agency for a renewal of certification and the provisions of regulation 11 shall apply in respect thereto.
14. The Agency may cancel a seed source tree certificate-
(a) if an annual inspection of the seed source tree during fruiting reveals evidence of-
(i) symptoms of virus or other bud-transmissible disease on
the seed source tree or any of the trees immediately
surrounding that tree;
(ii) careless handling of seeds collected from the seed source
tree;
(iii) improper keeping of records relating to a seed source tree,
which is likely to confuse the facts regarding the identity of
the trees;
(iv) an unacceptable degree of mutation on the fruit or foliage
of the seed source tree;
(b) where, having removed tested buds from a prospective seed source tree and propagated them on indicator plants in test facilities approved by, maintained and paid for by the Agency, the psorosisviruses after
complex ofindexing
is present; or
(c) where the holder thereof in writing requests the Minister to cancel the certificate.
15. (1) The Agency may, where a certificate is cancelled under regulation 14 (a) (i) or (iv) re-issue the certificate if, on an inspection, the Agency finds that after the removal of the affected tree, indexing tests reveal that the disease
has not been transferred to any other seed source tree.
(2) The indexing tests referred to in paragraph (1) shall be carried out at the expense of the owner of the tree.
Parent Trees or Certified Scion Trees
16. (1) A person who is desirous of having a citrus tree certified as a certified scion tree or a parent tree shall make an application to the Agency in the form set out as Form 5 in the First Schedule for the tree to be certified as a certified scion tree or parent tree; and the application shall be accompanied by the appropriate fee specified in the Second Schedule.
(2) The Agency shall, upon receipt of an application under paragraph 1, cause the required test, as prescribed under regulations 17, 18, 19 and 2 1, to be carried out.
(3) If on testing the prospective tree is found-
(a) to be satisfactory, the Agency shall issue a certificate in the form set out in Form 6 in the First Schedule.
(b) to not be satisfactory, the Agency shall so notify the applicant in writing stating the reasons therefor.
(4) A certificate issued under paragraph (3) shall be valid for a period of four years.
17. The Agency shall test all parent trees and certified scion trees for the citrus tristeza virus, the psorosis complex of viruses, citrus viroids, citrus variegated chlorosis, greening, stubborn, and any other graft-transmissible diseases at such intervals as the Agency may determine.
18. (1) The Agency shall, where there is a new accession of a prospective parent tree-
(a) carry out short-term indexes for the presence of the citrus tristeza virus, citrus viroids, and the psorosis complex of viruses;
(b) carry out long-term indexes with the budwood of the prospective parent trees by establishing from the budwood of the prospective parent trees-
(i) two trees on Orlando tangelo or Clemelin rootstock as an index for the citrus cachexia viroid; and
(ii) two trees on poncirus trifoliata, as an indexing indicator for the citrus tatter leaf virus.
(2) The Agency may conditionally release to any nursery carrying out propagation of quick multiplication block trees and certified citrus trees budwood which, pursuant to paragraph (I) (a), has tested negative.
(3) A budwood propagated before the completion of the indexes listed in paragraph (1) (b) shall be subject to recall, if within twenty-four months after its release, the citrus cachexia viroid or citrus tatter leaf virus is present in the budwood.
19. (1) The Agency may determine that a local clone be treated as a parent tree-
(a) where the selection is of proven or anticipated-commercial value to the Jamaica Citrus Industry; and
(b) based on documented yield and fruit quality data.
(2) Where a local clone is to be treated as a parent tree, the Agency or the owner shall collect the appropriate propagating material and have it shoot-tip grafted and indexed so that it may be-
(a) verified as being free from graft-transmissible diseases; and
(b) retrieved as a pathogen free accession.
20. The cost of indexing under regulation 18 (1) shall-
(a) where the new accession is to be distributed throughout the Island for the benefit of the citrus industry, be borne by the Agency; or
(b) where use of the new accession is to be restricted, be borne by the
person submitting the local clone.
21. (1) A grower of a certified scion tree shall make that tree available to the Agency to be-
(a) indexed for the citrus tristeza virus, citrus viroids, the psorosis complex of viruses, and other graft-transmissible diseases at such intervals as the Agency deems necessary; or
(b) inspected for any bud mutation and evaluated for its horticultural traits.
(2) The cost of indexing, inspection or evaluation shall be borne by the owner of the certified scion tree.
22. A person shall not use budwood from a certified scion tree for the establishment of quick multiplication blocks or the propagation of certified citrus trees, unless bud cutting is witnessed by a representative of the Agency authorized in that behalf and recorded in the appropriate part of the form set out as Form 7 in the First Schedule.
shall be guilty of an offence and shall be liable to a fine not exceeding ten thousand dollars or a term of imprisonment not exceeding six months, or both such fine and imprisonment.
(m) contravenes any provision of these Regulations,
(l) fails to properly complete any form;
(k) fails to keep proper records;
(j) fails to make a tree available for testing or indexing;
(i) carries out bud cutting or uses budwood in contravention of these Regulations;
(h) misrepresents a citrus tree as a parent tree, certified scion tree, certified seed source tree, varietal block tree or quick multiplication block tree;
(g) knowingly grows or sells a citrus tree as a certified citrus tree;
(f) operates a nursery which is not registered;
(e) in the exercise of his function under these Regulations accepts any financial reward to do or to refrain from doing any act in contravention of the Regulations;
(d) knowingly gives any information which is false in any material particular;
(c) assaults or obstructs any representative of the Agency in the carrying out of any duties under these Regulations;
(b) connives with any person to use any document for an improper use;
(a) falsifies, alters, or mutilates any documents;
37. Any person who-
(c) grant certification, with or without conditions.
(b) grant registration, with or without conditions; or
(a) affirm the decision of the Agency; or
(4) The Minister after hearing the evidence under paragraph (3) may-
(3) The Minister may call such persons to give evidence as he considers necessary.
(2) A copy of the appeal shall be served on the Agency.
(ii) certification under regulation 14 (a), may appeal in writing to the Minister within thirty days of the decision stating the grounds of the appeal.
(i) registration under regulation 9 (a), (b) or (c); or
(b) to cancel-
(a) not to grant registration under regulation 5 (3) (b) or certification under regulation 11 (5) (6); or
36. (1) Any nursery owner aggrieved by the decision of the Agency-
(c) by a director, in the case of a body corporate.
(b) by the managing partner, in the case of a partnership;
(a) by the owner, if the applicant is a sole proprietor;
35. Every application made pursuant to these Regulations shall be signed-
34. Any person who acquires budwood bundles for the purposes of establishing varietal block trees shall complete the appropriate part of that form set out as Form 7 in the First Schedule, which accompanied the budwood bundles.
(2) Any cutting and propogating under paragraph (1) shall be allowed for research purposes only and such cutting shall be appropriately recorded on that part of the form set out as Form 7 in the First Schedule.
33. (1) A person shall not cut and propagate budwood from varietal block trees for production of quick multiplication blocks or certified citrus tree.
(2) A varietal block tree shall be made available to the Agency each year in order that the Agency may carry out an annual evaluation of its horticultural characteristic.
(iv) identified with plainly visible and durable markers as trees intended for varietal blocks.
(iii) grown with planting spaces recommended by the Agency for the particular variety; and
(ii) separated from other propagations;
(i) recommended or proven for the citrus industry;
(b) propagated on rootstocks that are-
(a) the progeny of a parent tree or certified scion tree; and
32. (1) A grower shall not identify a tree as a varietal block tree unless it is-
31. Budwood from a certified citrus tree shall not be used as a further source of certified budwood.
(3) Every person who receives a certified citrus tree shall, within thirty days of receipt thereof, inform the Agency of the final location of the tree.
(2) Where the owner of a nursery disposes of a certified citrus tree he shall submit to the Agency a form in the form set out as Form 8 in the First Schedule.
30. (1) An owner of a nursery shall accurately maintain records of the movement of every certified citrus tree while that tree is in his possession.
29. The Agency shall, upon receipt of a form under regulation 27, and upon payment of the appropriate fee set out in the Second Schedule, issue to the owner of a nursery, a tag bearing the nursery's registration number, the scion
variety, the rootstock variety and date of budding, for each certified citrus tree.
(e) each budwood bundle is accompanied by a copy of the form set out as Form 7 in the First Schedule with the appropriate part of the form completed.
(d) all budwood cut are collected into budwood bundles;
(c) budwood is procured from a parent tree, certified scion tree or quick multiplication blocks, within the periods stated in regulations 24 (a), or 25 (2), as the case may be;
(b) if rebudding is necessary, buds from the same bud source as the original bud are used;
(a) only rootstock seedlings that have not previously had a bud inserted in them are used; and
(2) No grower shall produce a certified citrus tree unless-
28. (1) A certified citrus tree may only be produced by a nursery registered pursuant to regulation 5 (3) (a).
Certified Citrus Tree
(b) producing certified citrus trees, shall complete the appropriate part of the form set out as Form 7 in the First Schedule and forward the completed form to the Agency.
(a) establishing quick multiplication blocks; or
27. Any person who acquires any budwood bundles for the purpose of-
26. A person shall not use budwood for quick multiplication blocks unless it comes from a parent tree or certified scion tree and unless bud cutting is witnessed by a representative of the Agency so authorized and recorded in the
appropriate part of the form set out as Form 7 in the First Schedule.
(3) The testing referred to in paragraph (1) shall be at such periods as may be determined by the Agency and the cost thereof shall be borne by the grower.
(a) may, at the discretion of the Agency, be extended to thirty months on approval of the Agency and payment of the prescribed fee.
(2) Where upon testing pursuant to paragraph (1) no citrus tristeza virus is found or citrus tristeza virus is resent at a low incidence and the citrus tristeza virus infected trees are removed, the period specified in regulation 24
25. (1) A grower of quick multiplication block trees shall ensure that all trees are tested for the citrus tristeza virus, using no more than six trees as a composite sample for testing.
(b) in varietal blocks, or the containerized trees as certified citrus trees, if they are planted in the field after reaching the end of the period during which they may be used as sources of budwood, as specified in paragraph (a) or in regulation 27, as the case may be.
(a) as a certified source of budwood for production of certified citrus trees for a period of up to twenty-four months after budding, where the bud cutting is witnessed by a representative of the Agency authorized in that behalf and recorded in the appropriate part of the form set out as Form 7 in the First Schedule;
24. A grower of quick multiplication block trees may use those trees-
(2) The size of the gap referred to in paragraph I (6) shall be determined by the Agency.
(c) trees grown on greenhouse benches are separated by gaps with the first and last containers of each clone clearly labelled with the clone and the date budded.
(b) each clone for quick multiplication blocks in field-grown nursery rows is separated within the row by a gap with each gap properly labelled with the name of the clone and the date budded;
(a) the citrus tree, whether field-grown or containerized or grown while protected from insect vectors, is propagated on vigorous rootstocks, separated from other propagation, and identified with plainly visible, durable markers;
23. (1) A grower who intends to propagate a tree for quick multiplication blocks shall ensure that-
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